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MBNA is this a default notice?


wonkeydonkey
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Firstly I wish all caggers and site team a very Happy New Year

Used faster payments to pay CC account in November seemingly with time to spare however later informed I was 3mins to late!! subsequently on the front of my recent MBNA statement in bold it reads:

 

You have failed to make a minimum payment:

 

Failing to make your minimum payment can mean that you have broken the terms of this credit agreement and could result in us taking legal action against you. It could lead to your having to pay additional costs and make it more difficult for you to obtain credit in future.

 

It also shows:

Late Default Sum £12 Over Limit Default Sum £12 which of course they refuse to refund.

I have had just about enough of this lot, I have put up with having interest rates hiked, their moving my payment dates to coincide with a bank holiday, to which they say any payment made by electronic transfer on the due date entitles them to add a late payment fee as they do not work on those dates, and of course the never ending phone calls despite telling them payment has been made and is in their system. (one day = 7 calls from them)

Would it be in order for me to write and ask for a copy of the agreement they refer to, as this account goes back some 20+years and was originally taken out with BOS, I do not recall having ever requested the credit limit I have been given or the interest charges I am expected to pay.

 

wd

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  • 3 weeks later...
Firstly I wish all caggers and site team a very Happy New Year

Used faster payments to pay CC account in November seemingly with time to spare however later informed I was 3mins to late!! subsequently on the front of my recent MBNA statement in bold it reads:

 

You have failed to make a minimum payment:

 

Failing to make your minimum payment can mean that you have broken the terms of this credit agreement and could result in us taking legal action against you. It could lead to your having to pay additional costs and make it more difficult for you to obtain credit in future.

 

It also shows:

Late Default Sum £12 Over Limit Default Sum £12 which of course they refuse to refund.

I have had just about enough of this lot, I have put up with having interest rates hiked, their moving my payment dates to coincide with a bank holiday, to which they say any payment made by electronic transfer on the due date entitles them to add a late payment fee as they do not work on those dates, and of course the never ending phone calls despite telling them payment has been made and is in their system. (one day = 7 calls from them)

Would it be in order for me to write and ask for a copy of the agreement they refer to, as this account goes back some 20+years and was originally taken out with BOS, I do not recall having ever requested the credit limit I have been given or the interest charges I am expected to pay.

 

wd

 

No its not a default notice... default notices clearly have to state that they are default notices served under s87 of the CCA 1974.

 

This is a default sums notice.. basically cos you paid late they find you the £12 and notified you as per the cca1974 amended regs.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Many thanks for the reply, having studied the posts on cag I decided the next day (6th Jan) to send for a copy of CCA enclosing the required £1 and used recorded delivery. It was signed as received on 10th Jan and they still have a couple of days left to reply. This account goes back to around 1992/3 and I have paid many a charge over the years which I now intend to reclaim.

 

The offer to continue paying but with reduced payments for a short while have had no reply, so no payments have been made since 16th December, phone calls are coming in at the rate of up to 4 in 5 mins, all have gone unanswered. As I understand it, should I fail to get a copy of the original agreement stage 2 is to put the account into dispute and send SAR to secure copies of all statements.

 

If my plan of action is off side I would really appreciate some guidance and if I ever get to having to calculate what exactly is owed to me then I will indeed need caggers help for I will be doomed, as maths are definately not my forte'!!!!

 

WD

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I would respectfully suggest you read up on the OFT guidelines on s77/s78 replies and what constitutes a valid response.

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks for that shadow,

I have read just about every reference on the subject of reclaiming all the unfair charges here on Cag and have only suceeded in totally confusing myself.

 

MBNA have now replied with the standard letter as seen in many a post...we cannot at this moment in time provide you with a copy of the agreement and we will not enforce etc etc. I have yet to reply to them but I really would like to try and get back the many charges levied on the account over the last 22 years so, do I now send the letter template to place the account in dispute along with an SAR to recover copies of all my statements that will show these charges?

 

I am very much a one step at a time person in the need of much guidance.

 

Thanks

WD

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Personally I would forget the account in dispute, they have already stated in writing they are not seeking to enforce... I would write off for the SAR now!.

 

JMO tho

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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