Amber -v- MBNA

[amber]

Deleted.

Edited October 28, 2009 by amber
Wrong thread

[amber]

27/10/09- MBNA CC - 2nd S.A.R sent (1st reply from MBNA sent only 6yrs statements not 9yrs)

27/10/09- MNNA CC - Account In Dispute (CCA) sent

 

As I mentioned earlier in this thread, we are on a Debt Remedy Plan with the CCCS whereby we make token payments to each creditor with what is left out of my husbands wages at the end of the month. As its a new job and he's only been there for 2 wks, we will not see his first wage of pay slip until December. CCCS are aware of this and have written to each creditor to let them know and set up this 'token arrangement' with them. Today, I have recieved a letter from MBNA rejecting this amount stating its not enough and that they are going to pass the details over to a debt collection agency. CCCS said not to worry, they will do so, but we keep making the token payments in the meantime regardless. Which is fine but will this affect these claims I have in against them? I asked CCCS if its best I stop making token payments (even though we ain't started them yet!) because the account is now in dispute but they said 'no' and that we must keep paying them. Any advice please?

Edited October 28, 2009 by amber
removal of previous mail, moved to a new thread over on PPI

[amber]

Bumping this.

 

Still no reply from MBNA regarding the 2nd SAR I sent requesting all 9yrs history. No reply yet regarding the Account In Dispute letter I sent. I had a 2nd letter sent from MBNA to me in response to the first SAR request, this time from the 'famous' Gail Powell, again sending me only 6yrs accounts.

However, I have some slightly good news in that the harrassing phone calls seem to have stopped, not had any for almost 2wks.

 

Still making token payments to each creditor whilst awaiting feedback from the numerous CCA requests and SAR requests that I have sent in. Will be opening separate relevant threads for each on the respective Bank threads.

 

Should I be chasing MBNA regarding the above letters I sent or just sit back and wait? Any help or advice would be great.

 

*Hope everyone on here is ok and not letting the 'filth' get them down too much xxx

[usaname]

Hi Amber,

 

I've had the same response from MBNA as you - none.

I've taken the route of chasing them up and giving them further opportunities to respond. The letters are sent using '1st class Signed For' so that I have a record and know and can prove that they have received it. They may not read or respond, but that's their problem, not mine.

 

In the last communication with them I gave them time to respond, and advised that if they didn't I would be escalating.

 

Also, in the event that they decide to take legal action at least I can show that it is they who are not responding me, not the other way around.

 

Chasing them up keeps up the head of steam.

[amber]

Thanks usaname. I think I've made a mistake there as I've been sending my letters first class recorded delivery, for all other correspondence I shall be sending them by special delivery I think. Even though one has a record via the post office of tracking on their database. Did you wait until the 40 days where up before you chased them? How did you chase it up? If you did this by letter, what letter did you send? I feel a bit redundant hanging around waiting on them to respond but I understand that this is part of the tactics they like to play.

[Dotty50]

Hi Amber,

 

I would have thought that 'Recorded delivery' is more than sufficient, you can check on the post office website to confirm delivery within a couple of days and if the post office have been efficient, there will also be a copy of the proof of delivery with a name of who accepted it and a copy of the signature, which can be printed.

 

Special delivery is for items being posted that have a value and the item is tracked specifically throughout the process from you taking it to the PO to delivery. Not what is required here in my opinion and much too expensive for all the letters that will be needed to get anywhere with these wotsits.

 

Having worked there yourself I am sure you will know the battle that lies ahead, but all the best and keep fighting.

 

D50

[amber]

Thanks Dotty. I did track them with the post office and they have been delivered. I've got the hand back slips so now I'm going to go back again and print off the copies of who signed for the deliveries (I never knew that bit) so thanks for pointing it out. Yes, it is a dear do sending all these letters and getting shafted left right and centre by their excuses, does work out expensive.

 

With reference to working there myself. Well, you can see where the money goes I can tell you. I've never seen such elaborate bank headquarters inside and outside. The main building is reminicent of the White House perched high on a hill, very colonial and very, very big. Inside it just smacks of money (lol..guess it would do being a bank) expensive paintings and vases everywhere. Huge atrium for a canteen, very spacious like one of these upmarket wine bars. Work ethics, very fast, very focused very results orientated. Team leads and line managers on your case every 5 mins to achieve. Staff who achieve high targets and bring the most money in for the day, get highly rewarded with capital bonds and days out etc. Some would say its a very pleasant place to work. I couldn't stand the place it was so false, much one-upmanship in the workplace. Nice to know what they're doing with all our money. Barstewards.

[Dotty50]

Well perhaps Amber, now that people are realising that they don't have to take things lying down MBNA and many others, they will get there comeuppance and it can't happen too soon for me!

 

The company that I worked for was starting to move towards this target & rewards way when a was made redundant and few years ago I was well out of it I can tell you.

 

I could not and would not stay (I had the choice) with a company working this way. Although we didn't have anything like the facilities you describe at MBNA!

 

I will post any positive progress I get as and when.

[scared001]

can someone please double check my cca too? is this enforceable, there seems to be an electronic tick which to me sounds doubtful, surely there should be my original written signature on documents like these?

MBNA1.pdf

MBNA2.pdf

[amber]

scared001

 

Delete the attached file MBNA1 and alter the final page to remove your credit card account number then you can repost it securely.

 

Also mate, you need to open your own thread so you'll get responses that are specific to you.

[pompeyfaith]

Hiya Amber right firstly i know the postage costs can total up but this is so important if this ends up in court ure RD or SD post and get receipts attach those to a copy of the letter you sent and file in an arch folder this is all pre-action protocol and will put you in good stead

[pompeyfaith]

i say the above because mbna follow the same patern everytime and at some point they and/or there sols will screw up there claim so it is important that you get all your ducks in a row because they will not hell it is almost comical

[pompeyfaith]

i know it has not reached court action yet but it is important that we prepare you so u are a step ahead now that is out of the way ill be back tomorrow with solid advice on the finer matters

[amber]

"get receipts attach those to a copy of the letter you sent and file in an arch folder this is all pre-action protocol and will put you in good stead". Done, got a nice shiney new leaver arch file which I am sure will soon fill up with subject dividers for each creditor. Hole punch, stapler - all much tidier now. Thanks pompyfaith.

 

Perplexed now what to do next. Having sent of the 'account in dispute' letter and a 2nd SAR request asking them for all data from the accounts inception, I've still had no replies from them. With reference to my reciepts and print outs, I sent them recorded delivery on the 4/11/09 and they where recieved and signed for on 07/11/09. So still waiting but am unsure whether I continue to wait until the 40 days are up OR they should have had only 7 days to come up with something from the 2nd SAR request. And what letter do I follow it up with? I've not even queried the Payment Protection issue discussed earlier in the thread because I was waiting on these 2 letters responses. Hmmm.

[vint1954]

"get receipts attach those to a copy of the letter you sent and file in an arch folder this is all pre-action protocol and will put you in good stead". Done, got a nice shiney new leaver arch file which I am sure will soon fill up with subject dividers for each creditor. Hole punch, stapler - all much tidier now. Thanks pompyfaith.

 

Perplexed now what to do next. Having sent of the 'account in dispute' letter and a 2nd SAR request asking them for all data from the accounts inception, I've still had no replies from them. With reference to my reciepts and print outs, I sent them recorded delivery on the 4/11/09 and they where recieved and signed for on 07/11/09. So still waiting but am unsure whether I continue to wait until the 40 days are up OR they should have had only 7 days to come up with something from the 2nd SAR request. And what letter do I follow it up with? I've not even queried the Payment Protection issue discussed earlier in the thread because I was waiting on these 2 letters responses. Hmmm.

Report them to the ICO and trading standards.

[amber]

Hi Vint

 

Can you please advise how to report them to the Information Commissioners Office, do I ring them up or is there a letter template that I should follow? Also, with trading standards, do I contact my local trading standards office or the one in Chester where MBNA are located? All this is stressing me out and I'm peeved with myself for only being able to take infantile steps. I wish I was more clued up. I read through reams of threads and just end up more confused, especially with so many claims on the go. Still, having no job and sat at home on my arse all day, at least I have something to occupy my time. God, daytime tv is brain-draining. My credit cards coming in useful though for scraping the frost off the car windscreen.

[usaname]

Thanks usaname. I think I've made a mistake there as I've been sending my letters first class recorded delivery, for all other correspondence I shall be sending them by special delivery I think. Even though one has a record via the post office of tracking on their database. Did you wait until the 40 days where up before you chased them? How did you chase it up? If you did this by letter, what letter did you send? I feel a bit redundant hanging around waiting on them to respond but I understand that this is part of the tactics they like to play.

 

Hi,

 

As already stated Recorded Delivery and Signed For are virtually the same thing. They may even be the same thing. As long as you have got proof of delivery that's all that matters.

 

With regard to letters, I tend to write my own with some paraphrasing of the templates that are available.

 

In my most recent letter, I pointed out that they had failed to respond to previous communications and that if the same happened with this one then I would escalate the issue to the FOS. Lo-and-behold two days later I get a response. Not sure to which letter as they make no reference, but it reads as though it is a 'template' reply to my first one.

 

Guess what. They conclude that "the agreement is not being reasonably queried or disputed..."

 

This is despite the fact that the alleged agreement fails on at least one of the points listed on the "Information" sheet they kindly included with the letter. How surprising is that?

 

Onwards and upwards...

[pompeyfaith]

Hiya Amber,

 

Here is the link for the ICO on this page you will see a complaint form open and fill it in then print off.

 

Complaints about data protection policy - ICO

 

As for trading standards IMO i would complain to your local office and on the footer of that letter Cc to the Chester office too.

 

Regards

 

PF

[vint1954]

Hi Amber,

 

As Pompyfaith has said, use the link to complain to ICO. As far as trading standards are concerned, you need to complain to your local TS, usually through their website.

[amber]

In relation to my letter #15 on this thread.

 

Today I have received a letter from MBNA's Gail Powell in relation to my 2nd SAR request, informing me that my S A Request had been passed to her to respond to as I considered it incomplete. What she has sent me is a two-paged landscaped print out, again only going back as far as September 2003 (Again NOT back to April 2001 when I set up the account) and only going up to May 2009. This copy sets out: the date, fee type, transaction type, transaction description and the amount. In the transaction types I have late fee charge(s), overlimit fee charge, non-sufficent funds fee charge, late fees. She has put a standard fee of £25 for each of these fees until July 08 when it changes to £12.00 Now I know myself this is wrong, I know I paid far more out in charges over the years and it seems far too 'uniform' to my liking. Also, comparing it to the first set of SAR results they sent me, on this current copy, it does not show even one of the PPI payments made like it does on the other set so this seems rather dodgy to me as well.

 

She has sent me again, a copy of the current up to date T&C's (with the £12.00 default charges etc) which did not come into effect until around November 2006. Also printed on the copy of the T&C's is my current name and address. Which is wrong, because when I took the card out all those years ago, I was in my first marriage and obviously married under a different surname. Further evidence that these T&Cs are a load of tosh.

 

Still no response regarding the Account in Dispute letter I sent them.

 

Questions:

 

1) On the CCA piece of toilet paper they sent me - the PP1 box is ticket and I never ticked it. So where do I stand with that?

 

2) In first SAR response, transactions actually show that I have been paying PP1 for almost 3yrs, then it ceases. In the second SAR response sent to me via Gail Powell, the list of transactions she has sent me does not show any payments of PPI going out at all. So this, I am puzzled with.

 

3) The supposed copy of the CCA agreement. Are 'we' (my good friends on here) definately sure that this is unenforceable? I want to make doubly sure and get all my ducks in a row before I file the complaint to the Information Comissioners Office.

 

4) Regarding this account, it seems there are a lot of things I COULD claim, i.e the credit card charges, the PPI payments I'd been paying. So my question, do I make claims of what I can based on these charges, or do I just forget these two and stick to the fact that the debt is unenforceable due a defective CCA and go for the whole £9k debt to get struck out.

 

So, to re-cap, 2nd SAR answered and data still incomplete. Account in Dispute letter sent and no reply. Do I still file a complaint to the Informations Commissioners Office as they did reply in time (just) to my 2nd SAR request??

 

I've got the IOM form saved on my desktop. Phew, thanks again for listening/reading. I need a whiskey.

[vint1954]

As previously stated, the prescribed terms are mistated, even if the back belongs to the front.

 

Condition 4 states that min payments will be 2% or £5, except as mentioned in 2.4, 3.5 and 3.6. They cannot be mantioned in another document.

 

The interest rate must be stated as an APR, not monthly interest.

[amber]

Thanks for your reply Vint. I telephoned the Information Comissioners Office this afternoon and ran a few things by them, the lady was in agreement and told me to fill in the form pronto. So thats what I'm doing right now, sending it by post with copies of everything.

[amber]

Update

 

Sent off info to ICO, still waiting for a reply.

Rang my local Trading Standards Office, they told me that there was nothing that they could do and if I had a problem then I should report it to the FOS. (Is this correct?)

 

I have today received a letter in the post dated 3rd Dec from MBNA. It reads

as follows:

 

Dear Mrs x

 

'We may not have spoken to you for a while but you have previously advised us of your financial difficulties; as a result MBNA are currently surpressing all fees and interest on your account. However, you must be aware that you are not on a formal reduced payment programme, which means that your account is continuing to fall into arrears, but we want to help you resolve this.

Whilst MBNA understands your difficult circumstances, it is our duty to inform you that due to the seriousness of the arrears, if we cannot set a level of re-payment that is suitable for you we will be required to charge off your balance as a bad debt. This does not relieve you of the responsibility of repaying the full amount outstanding, which will be legally assigned to a Third party for recovery action. You should also be aware that a Default will be registered on your credit file for the next six years. We would like to avoid these actions and provide you with an opportunity to begin a reduced payment arrangement, which will reduce your debt and begin building a good credit history.

 

To do this we require you to call today so that we can discuss the situation and set a payment programme for you. There may be many ways that we can help you but we need to speak with you to do this. It may be we just need a small increase on what you or your authorised Third Party are currently paying. Our specialists are available to help you on 0800 028 0685 blah blah

In the meantime we appreciate that you are making every effort to continue addressing the situation by at least making some level of payment to your account.

Please help us to help you.

Yours sincerely,

 

Well. What a cheek. They are aware that we are on a DMP with CCCS and are making token payments to them each month but clearly that is not enough and they want more money off me. Well they cannot have what I have not got. So what do I do? Do I ring them and speak to them? (As I have refrained from speaking to them so far (Truecall is brilliant, I cannot thank Bankfodder enough). I must admit, I do not want to talk to them seen as they have said they do not believe my account is in dispute as they have complied with my SAR request, even though it is still incomplete and I have report them to the Information Comissioner?

 

What do they mean by threating to "charge off my balance as a bad debt".

Is this one of those charging orders they try to get on your house?

 

Any help or advise please, I'm quite peeved and concerned regarding those words?

 

Thanks. A

[vint1954]

Firstly, do not speak to them. Keep everything in writing. Just respond reminding them that the debt is subject to a DMP.

 

Charging off is simply closing the account so that they can claim bad debt releif against Tax. They then sell the debt on to a third party, who then chase you for the debt. This has nothing to do with a Charging Order.

[amber]

As always, thanks for clearing this up for me Vint. I will write to them in response quoting our DMP with our case number. I am carrying on with the token payments until I decide what the next plan of recourse is upon hearing from the ICO. I'll fight them on the beaches!! lol Bring it on..

 

How are you getting on? Not seen you around for a while.