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Markyparky v MBNA Default Away !!


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Hi all,

 

A newbie to all this so I hope Im on right posting and if not, please tell me..thx

 

Anyway all I can say is what a helpfull site this and provides much encouragement for the small guys to "fight the good fight" against the big boys !! We have sent a few letters so far so I will post copies of them individually so you can see how the story is going. Any feedback is of course helpfull..

 

Oh and this started a week before I was going to get married to my partner...thx for the wedding present MBNA !!

 

23rd June 2006

 

Account: xxxxxxxxxxx

 

Dear Mr xxxxxx,

 

I am in receipt of your letters dated 20th and 24th June 2006 and the contents are noted.

 

I along with my partner contacted one of your representatives, Ms xxxx at 5:10pm on 22nd June 2006 to discuss the contents of your letter and subsequently received a number of account statements on 24th June. A further conversation was made with xxxx (Xtn xxxxx) on the 24th June 2006 and it appears we have been victims of fraud and have subsequently reported as such to xxxx Police and your credit card hotline number.

 

In order to make my circumstances clear I would like to express the following:

 

Ø I applied for a credit card with MBNA in 1999 and this was accepted.

 

Ø On 01/08/2001 the credit card account was cleared in full to the value of £799.40.

 

Ø On paying the balance on 01/08/2001 I mentioned on the phone I would not be using the credit card again, cut it up and wrote requesting that you close the account with immediately. The account has not been used by me since this date and on inspection of the statement this appears to be the fact.

 

Ø During the summer of 2001 I moved from xx xxxx xxxx and all mail was redirected to my new address.

 

Ø The account was supposed to be closed over 4 years ago, however on disclosure from yourselves this has not been the case and you sent a new credit card and pin to xxxx xxxx during September 2005. An address which at the time I vacated over 4 years ago.

 

Ø During the 2 week period of November 9th 2005 and November 20th 2006 withdrawals and account charges accumulating to £1800 (the account limit) were made from this new credit card.

 

Ø 24th June 2006 was the first I have known to have an active account with you and that £1800 had been withdrawn on this account.

 

Ø On speaking to you on 24th June 2006 I immediately reported this incident as fraud to xxxx Police. Crime Number: xxxxx/xxxx

 

Ø In addition I spoke to your Fraud department on the same day and spoke to xxxxx (0800 116262) and reported the crime.

 

I am completely innocent of this theft and willing to testify to that effect however I trust this information clarifies my position and assists with your enquiries. On speaking to your fraud department a legal document will be sent to me within the next 10-14 days which I will complete without delay.

 

I look forward to hearing from you at your earliest convenience

 

 

Yours sincerely

 

 

 

Ms xxxx

Its not enough to do our best - sometimes we have to do whats required

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Hope the first post made interesting reading. Basically account was cleared years ago, cancelled years ago,moved years ago and they sent card to old address and someones had a field day and Im meant to pick up the tab !!

 

Wrote again with,

 

27th June 2006

Sent Recorded Delivery

Account: xxxxxxxxxxxxxxxx

Dear Sir/Madam,

Further to my telephone calls of today I would like to confirm once again that I wish to close the above account. I do believe that this is already the case however to protect both parties I wish to make this formally noted.

Yours faithfully

Ms xxxxxxxxxxxxx

Its not enough to do our best - sometimes we have to do whats required

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Well since then, Ive got married but still not heard anything from MBNA apart from a statement saying I owe over £1900 !!

 

So letter 3 goes....

 

25th July 2006

Recorded Delivery

Account: xxxxxxxxxxxxxxxxxx

Dear Sir/Madam

I am in receipt of a statement of the above account 24th July 2006 although the account was closed in August 2001. In addition I wrote to you by recorded mail (copy enclosed) on 27th June 2006 advising you again, that the account is closed and received confirmation from yourselves soon afterwards.

Although I was informed that is was not necessary to involve the police as detailed in earlier correspondence (copy enclosed) you have chosen to ignore my predicament and continue to harass me for the outstanding amount. As a consequence I phoned on 25/07/2006 to provide an update on the matter however you are unable to.

As a result I would be obliged if you would kindly acknowledge receipt of this letter and provide me an update of your present situation or written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

Yours faithfully

Ms xxxxx xxxxxxxx

Its not enough to do our best - sometimes we have to do whats required

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Low and behold I go to open a joint bank account which was refused !! I had only just taken a mortgage out for nearly £160k 2 months ago so something drastic must have happened ....they have stuck a default notice against me so everyone can see !! Here goes letter number 4...

 

3rd August 2006

Recorded Delivery

Account: xxxxxxxxxxxxxxxxxxxxx

Dear Sir/Madam

To date you have yet to reply to any of my correspondence which has been sent via recorded delivery. After recently obtaining a copy of my credit file from Equifax I am concerned to note that your company has placed a "Default" notice against an account in my name.

Furthermore both I and my husband do not have a recollection of ever receiving such a notice, and I therefore require you to urgently substantiate this data at your earliest convenience.

Items required to substantiate the Default notice:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within the Consumer Credit Act 1974 and 2006. Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, of which a copy has been made and retained by myself.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

The above must be supplied to me, within 14 days of receipt of this letter or if it is unsubstantiated, it must be removed with immediate effect from my credit file. I remind you that you are legally required by the Information Commissioner to hold and supply the most accurate and up to date information on your customers. I therefore trust that you will deal with this matter, with the urgency I require and I look forward to receiving your response.

Please note my name has since changed to Mrs xxxxxxx as of 01/07/2006 and all further correspondence will be conducted using this name.

Yours faithfully

Ms xxxxxxxx

  • Confused 1

Its not enough to do our best - sometimes we have to do whats required

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Well to date all I have recieved is a letter saying the last letter has gone to the correct dept and I should recieve a full written reply in 5 working days...that was 6 days ago.

 

Got to get tougher me thinks???

 

Any comments??

Its not enough to do our best - sometimes we have to do whats required

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Just recieved a letter from Steve Bailey, Head of Advocate Office who has politely ensured me that I will recieve a full response by Sept 04th, which is bang on the statutory time limit.

 

Thanks for the tip Surreyscouse,I will give a call tomorrow and keep you all informed.

Its not enough to do our best - sometimes we have to do whats required

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Spoke to MBNA yesterday. Said they would provide a full response by 4th September. From what I have read here it sounds like its best to keep the pressure on and keep to your timescales. Hence letter number 5 as below:

 

Steve Bailey

Head of Customer Advocate Office

MBNA Europe Bank Limited

PO Box 1004

Chester Business Park

Chester

CH4 9WW

15th August 2006

Recorded Delivery

Account: xxxxxxxxxxxxxxxxx

Dear Mr Bailey,

Thank you for your letter dated 10th August 2006 and the contents are noted, particularly your intent for a full response by September 2006, being an extension to your previous letter informing a full response by 11th August 2006.

Although we have been informed verbally that the matter has been resolved and that you will not be taking action against me to recover the fraudulent sum, we are still awaiting formal notice to such effect.

However although this account was cleared and closed over 5 years ago you decided to issue a 'Default Notice' during July 2006 which neither I nor my husband have any recollection of ever receiving and in so doing applying financial defamation to my impeccable character.

The three questions in my letter dated 3rd August 2006 and received by you as indicated by Royal Mail's service audit specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the 3rd August 2006 letter of which I enclose a copy. May I also suggest to you, it is your duty to comply with my requests under the law within 1 month or you will be in breach of your duties under Section 78 of the Consumer Credit Act. Consequently if you fail to reply by 4th September 2006 you will have exceeded the statutory time for the data provision requested which is a criminal offence.

Two months prior to your default notice I was accepted for a mortgage for £158,000. Now I cannot even open a bank account due to banks assessing data via credit reference agencies and accessing inaccurate data which has been supplied by you. It is a legal requirement by the Information Commissioner that you hold and supply the most accurate and up to date information on your customers and I therefore request that you immediately and unconditionally remove any prejudicial information which has been passed on to any third parties in its entirety as unsubstantiated.

Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office and issue a statutory notice to you with the intent of legal recourse. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against your organisation and shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.

I trust that I have made my position clear, and that you will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

Yours sincerely

Mrs xxxxx xxxxxx

Its not enough to do our best - sometimes we have to do whats required

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Certainly did !!

 

Just received letter from MBNA that default registered on my account will be removed and no longer liable for the disputed amount !!

 

And all down to the help found on this site..

 

Thx to all of you:)

Its not enough to do our best - sometimes we have to do whats required

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