MBNA/Reston threating court action

[dx100uk]

sorry it is ceratainly against OFT guidelines

thatts for sure

they need reporting.

 

hic:D

 

dx

[citizenB]

Jason.

 

This at the moment is just a THREAT of court action, yes ?

 

In which case you need to send a Subject Access Request to MBNA. This will cost you £10.00. I would suggest you send the £10.00 in the form of a Postal order. Send the letter, including the Postal order by special delivery or recorded delivery mail. The company have 40 calendar days to provide you with information.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Until you receive a County Court claim then you are not able to send a CPR18.

 

By telephoning Restons or MBNA you are only making it more difficult for yourself. So stop. Keep everything in writing.

[jason_mnm]

Thanks CITIZENB, I will send it tomorrow to MBNA...

[jason_mnm]

Hi guys do u think I should send a letter to Restons not to go to court as this will be waste of time untill I received my subject access request and also CCA request that I sent to Restons... Should I put the accounts in dispute? Should I write to FOS complaining MBNA asked me to remortgage property to pay their debt? Please advise...

[jason_mnm]

Need quick advice..on my following letter should I refer to both Abbey and MBNA???...

 

To,

MBNA Europe Bank Limited

Customer Assistance Department

PO Box 30

Chester Business Park,

Chester CH4 9FD.

 

 

Data Protection Act 1998

Subject Access Request

 

Dear Sir/Madam,

 

Credit Card Agreement: xxxxxxxxxxxxxxx

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:

 

• The original signed, executed credit agreements and any terms and conditions that applied to the account at the time of default and at the time the account was opened,
  

• Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Abbey credit card and/or MBNA.
  

• True copies of any notice of assignment and default notices or enforcement notice that you/Abbey sent me, with copy of any proof of postage that you hold.
  

• Documents relating to any insurance added to the account including the insurance contract and terms and conditions, date they were added and deleted.
  

• Details of any collection charges added to the account; specifically, the date they were levied, the amount of charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.
  

• Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
  

• A genuine copy of any notices of fair use of my data as required by the Data Protection Act 1998.
  
• A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
  

• Copies of statements for the entire duration of credit agreements.
  

• Termination notices.
  

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in HIGH Court Law-Ezsias V Welsh Ministers – [2007] All ER (D) 65 (Dec).

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007).

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Edited December 29, 2009 by jason_mnm
spelling

[jason_mnm]

Also Should I also enclose a copy of credit card statement to verify my identity so that the do not come with excuses?..........

[Mydogsawestie]

Hi Jason heres a link to my thread on subj access info advice, I too thought better than them stalling me for the info I wanted to send a copy of proof although advice on this thread said you shouldn't need to. http://www.consumeractiongroup.co.uk/forum/mbna/203137-subject-access-mbna-debt.html

 

Copy of my subj access letter attached too should you feel it apt. I was up against MBNARestons in court in July as this duo did not want to compromise on payments I could make like other creditors have done. I am with Payplan, the judge has halted everything to them since then & sat on the case since so no news is good news for me for the time being. Your welcome to take a peek at my thread should it help you anytime....http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html

 

Good luck in persisting with your stance, do everything in writing as per the advice you've been given and you wont go far wrong in having all your evidence to back it up should it ever get to the county court procedure stages

MDAW Subject Access.doc

[mark_18]

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Edited January 7, 2010 by mark_18
Removed at the request of Restons

[jason_mnm]

Hi westie and Mark thanks for the reply. But Restons cannot get charge on the property, same was tried by Natwest to whom I owe huge amount. MBNA comes 6th on my creditors list. Hecne ther is no way Restons can get charge on the property which has no equity at all...

[mark_18]

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Edited January 7, 2010 by mark_18
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[jason_mnm]

In that case I am going to report to The OFT, THE FOS , The local MP and Prime Minister and Opposition Leader and the Chairman of Treasury Select Committee telling how Restons affecting people's life and to take action against them..

[jason_mnm]

Mark I am sure MBNA does not have a credit agreements to enforce, hence Restons cannot get what they want anyway....

 

Slick or Snoop or CitizenB will you kindly advise on the Subject Access Request plz asap...

[mark_18]

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Edited January 7, 2010 by mark_18
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[jason_mnm]

Well I will win...and I have done it before... and will also get Restons reported to all respective bodies and Government Ministries for getting people life miserable by their dirty tricks...

Edited December 29, 2009 by jason_mnm
Spelling

[mark_18]

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Edited January 7, 2010 by mark_18
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[slick132]

Hi Jason,

 

Send the SAR to MBNA but don't include the statement which you suggested - if they need anything from you, they can let you know. Use this template, adapted as nec'y - http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Send a copy of the letter to Restons pointing out that the a/c is in dispute with regard to unlawful penalty charges and they should therefore withhold all collection activity until this matter is resolved. Remind them that the OFT Debt Collection Guidelines state that they must stop collection activity.

 

As regards reporting Restons to all and sundry, wait and see what happens and perhaps use the letter (their letter which suggets you should borrow to pay them) as a bargaining tool further down the line.

[jason_mnm]

Thanks Slick .. at last you make my day.. I have been wating for your advice... . did you see the subject access request letter that was referred by MYDOGSAWESTIE above, should I add his extended information with the template letter...

[slick132]

Use the template SAR. If you want to add specifics about what you require, then do so.

 

It'll do no harm but the SAR is a letter asking for all data held about you, so no specifics should really be required.

 

[Mydogsawestie]

Restons are not responsible for sending you any information, it is the bank. The debt has not been assigned to Restons, they are simply acting as the bank's solicitor.

Yes & dont we know that!!! My SAR was headed to MBNA anyway if you had cared to look.

 

 

Restons can be very ruthless in their approach unfortunately.

 

Yes & dont we know that!!!

 

I understand what your saying, but from my experience in dealing with MBNA in that resepect, i believe that they will have a copy of the original agreement. It is then up to you to pick fault with the agreement, whether the details of the agreement are correct ect.

 

As I said before, the debt has not been sold or assigned to Restons, they are just a firm of solicitors acting for the bank.

 

They are not responsible for sending you any information, the bank is.

 

I have known of other Abbey Credit Card customers trying the same as what you are trying to do, but have not won.

 

Mark you believe they will have copy of an agreement :idea: I dont think so in alot of cases. Restons certainly do not intimidate me and anything they want to try in my case will be challenged to the hilt....

 

Jason hope my extended info on the SAR details have helped. Might aswell ask for the lot & get your tenners worth!!!

[jason_mnm]

he he.. MYDOGSAWestie nice one.. ..I will add yours with mine.. thanks to all of you...

Edited December 30, 2009 by jason_mnm
To make it short

[mark_18]

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[jason_mnm]

So Mark what do u suggest then?...

[mark_18]

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Edited January 7, 2010 by mark_18
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[slick132]

I must say, I don't agree that you should call Restons. Contact is better kept in writing.

 

If you DO decide to phone them, make proper notes immediately after any call so you have a written record of anything discussed. Sign the notes and add the date and time.

[mark_18]

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Edited January 7, 2010 by mark_18
Removed at the request of Restons