MBNA Charges - refused

[ims21]

[up2meears]

Sorry Ims, quick question please I'm very confused

 

On this part of the letter template

calculate that you have taken £xxx plus £xxxx which you have charged me in interest which total £xxx.

Additionally,you have entered a default notice against my credit record. T

his default occurred merely in respect of unlawful charges levied by you,

or was the result of impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

 

The last time I sent it I put the charges + interest that my spreadsheet calculated is that right?

 

I didn't notice it last time but reading it now doesn't make sense to me .

 

Many thanks

Up2

[ims21]

Yes it all it means is that (in this particular template) that the charges total to £x, the interest totals to £y and the total is £z (x+y).

 

It just spells it out to them what the charges are, what the amount of interest you are claiming is and the total of the two.

[up2meears]

Thanks Ims, just thought I'd double check as want everything to be right

[up2meears]

I have heard from MBNA with 1 day to go before their 14 days are up

and all they have said is that they provided me with their final response (last year)

and will not enter into anymore correspondence on this subject unless instructed to do so by the FOS.

 

Their response last year said that because none of their unlawful charges were added in the last six years

I have a snowballs chance of getting them back.

 

it looks like hey ho hey ho it's off to court we go.

 

I have everything ready, but want to use MCOL.

 

Is it much different to sending paper claims to Salford (apart from the price)

and do I just state in the POC part that I will be sending a paper copy?

 

Any guidance on using MCOL will be greatly appreciated.

 

Up2

[up2meears]

I am just getting my POC finalised and ready to send tomorrow using MCOL

and I am going through all of my paper work one last time.

 

I have a question please about default notices.

 

I never actually received one from MBNA whilst they had the account

(not in the paperwork I have or received with my SAR)

 

but I've found one from Link which I received back in 2008

(the account was sold in 2005 and I was making token payments

- which show as a standing order on my bank statements)

 

I was just wondering if the default they sent was correct

and if not could I use it as even more proof in the harassment file

I have built up regarding these two companies.

 

The default is dated 26th Sep 2008 and

it gave me until 10th October to pay the full outstanding balance, not just any arrears

- which there hadn't been as I'd been paying the token payment since 2005.

 

14 days in total, not including postal time, plus the 26th Sep 2008 was a Friday

there would have been a chance I didn't receive it until 29th or 30th Sep.

they had given me a little over a week to pay off the whole balance.

 

Grateful for any thoughts from DN kings and queens please.

 

Up2

[ims21]

DN form Link?

 

Surely the OC would have issued one before the account was terminated.

 

Mind you, the OC won't provide a copy because copies are not kept,

only a note on the files saying that one was sent and that is sufficient.

 

Can you post up the DN form Link please?

[up2meears]

Hi Ims,

 

Thanks for looking in.

 

I have attached it (I think)

 

I don't ever remember receiving a DN from MBNA. Although MBNA do refer to one in one of their letters sent to the adviser helping me at the time in March 2005 -

 

Up2

 

Just noticed on that letter as of March 2005 no default had been registered and it was sold two months later, so looks like no default from MBNA

Edited October 27, 2013 by up2meears
Additional info

[ims21]

Can you PDF it please...

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

[up2meears]

I think the above will be too small so am trying again

[dx100uk]

what does the instructions say about not using a biro...

 

your details are clearly seen

 

i'll take it down & do it to PDF.

 

dx

[up2meears]

Thanks DX

 

I hadn't seen ims instructions when I attached the doc and have been trying to change it to PDF since posting it, but am having trouble

 

Up2

[dx100uk]

done.

 

what this about termination by MBNA

I cant see anything in this nor the other thread on this debt..

 

so it wasn't terminated by MBna

and wasn't defaulted via DN by them already?

 

dx

[up2meears]

Thanks for that DX, appreciated.

 

No I don't think MBNA eve defaulted it. After the letter in March 2005, I then received:

 

Aprill 2005

'A Notice of proceedings',

A letter offering a significant discount if I paid in the next seven days (I could do this by borrowing from family o re-mortgaging according to the letter)

A Notice of intention to sell (dated same day as the discount offer letter)

A letter offering £250 credit to account if I contact them

 

May 2005

A letter telling me they had sold it to Link.

 

Thanks

Up2

Edited October 27, 2013 by up2meears

[dx100uk]

so they knew it was mainly PPI & charges then:lol:

 

I think you'd have a very good case for arguing or atleast including

the fact that the DN should have been sent/registered on the third

missed or short payment that you made to whomever.

 

that way it would not be on your cra file now harming you till mm/2014 [6yrs from its birth]

 

gotta admit you kinda caused all this aggro.

you should have never have started to pay link anything

however, you hadn't found cag them

 

and I bet you are kicking yourself now

 

and link argh...the worst fleecers out there

 

I wonder how much of this is now yours..

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

[up2meears]

so they knew it was mainly PPI & charges then:lol:

 

I think you'd have a very good case for arguing or atleast including

the fact that the DN should have been sent/registered on the third

missed or short payment that you made to whomever.

 

that way it would not be on your cra file now harming you till mm/2014 [6yrs from its birth] That's the thing, this isn't on any of my files.

 

gotta admit you kinda caused all this aggro.

you should have never have started to pay link anything

however, you hadn't found cag them I know, things would have been alot different if I had have found CAG back then. This is why I want to get as much of their wrongdoings onto the POC

 

and I bet you are kicking yourself now

 

and link argh...the worst fleecers out there

 

I wonder how much of this is now yours.. probably about £40 as they were only getting a quid a month

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

 

So should MBNA have defaulted this before selling it on? and what about the actual default from Link 3 years later when I hadn't defaulted on the pound payments? i.e the time they gave me to pay and defaulting whilst I was still paying?

[dx100uk]

if this debt is not showing on any cra file

 

then MBNA did default you

and it ran its course of 6yrs and fell off.

the whole debt goes, never to return.

 

so, link can do what they like really

the DN means nothing

 

its a bit of paper

it cant harm you at all

 

you could include it ifyou wish.

 

but they as well as you know its doesn't mean anything

 

infact I don't think the wording is correct.

 

they cant imply they can issue a DN on behalf of MBNA CCL.

 

and they are after the full bal.

 

well that's been up since the termination? by MBNA

if they did term it? I doubt it?

 

basically [agh that word] the DN from link is garbage.

means nothing to no one

just another of their computer generated leaflets

to give you the impression they can fleece you blind.

 

dx

[up2meears]

Cheers DX

 

That's what I thought that it had run it's course from 2005,

but now I'm scrutinising all of the MBNA paperwork and can not see any ref to any default at any time...

... Oh well, it's all additional evidence of their underhanded collection activities

if I need to prepare a bundle for the charges claim,

as I have mentioned in the POC the trouble the charges have caused.

 

Up2

[up2meears]

Also,

I only ever received a copy of the application form which doesn't mention how much they will charge

if I go overlimit/pay late etc.

 

Will this hold any water with my claim?

There is a part that says Set out in paragraph 1-15 below are some of the provisions contained in Conditions 1 & 2 of the MBNA credit card T&Cs. The other conditions referred to in those paragraphs and the applicable definitions can be found in those T&Cs

 

I have asked MBNA for a copy of those conditions but have only received ones post dated 2008

and not 2000 which are the ones I would need.

 

Thanks

Up2

[dx100uk]

legals not really my game

 

though harrison might help [but that was not charges but mentioned DN's etc]

 

the shelley thread will though i'm sure

 

[barclaycard successes forum]

[up2meears]

Thanks DX

 

I will have a re-read of Shelleys thread

[up2meears]

Right, I think I am just about ready to do this. I just have a couple of questions before I send.

 

I am slightly confused by the daily rate claimed.

 

On Shelleys thread Slick suggests it should be done at the same rate as on my spready,

but I have seen elsewhere that it's 8%?

 

I used Slicks suggestion on this for my BC claim and there wasn't a problem

but would jut like to clarify please as I don't think MBNA will be as straight forward as BC and don't want to mess up on anything.

 

Also, If I make the claim online tomorrow

when do I send the POC to the MBNA?

 

Will they receive it before the court lets them know I'm suing

(not sure how long the process takes with MCOL).

 

And when I send a copy to the court with the N215 does it go to Northampton, Salford or my local court?

 

Many thanks

Up2

[up2meears]

Morning all,

 

I submitted the claim via MCOL earlier in the week and it is showing as issued the following day.

 

I need to send my POC to the court and have gotten a bit stumped with the N215. It asks 'What date did you serve' and 'The date of service is'. Now, is this the days my claim was submitted and issued? or is it the date the POC gets sent + 1 business day? I don't want to get the days wrong and it be rejected. Also, on the N1 it says in the Northampton County Court, I take it this is where I send it too?

 

Sorry if I'm asking obvious questions, but I don't want to get this wrong.

 

Many thanks

Up2

[MrHat]

You are right to ask. I think date of service = issue date + 5 days. Check with one of the experts though

[up2meears]

Thanks MrHat

 

I yesterday received the Notice of Issue from the court which says they sent it on the 29th Oct and it will deemed to be served today, so I guess they're the dates I use?

 

Many thanks

Up2