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Jordibird

I'm Ready to Kick Ass MBNA & DCA Is This The Correct Action

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Hi Everyone,

 

I am determined to go for the jugular with these 2 clowns,

namely MBNA and Moorgate.

 

I would love you good people to let me know if what I am contemplating is the correct thing to do and give your valued opinions and advice.

 

On 6th May 2006 I took out fixed term/fixed repayment loan with MBNA via Virgin Money.

The amount borrowed was £3000 and the repayments were £69.75 per month for 60 months.

This was via direct debit.

 

In about July I asked MBNA to take the direct debit out on the 1st day of the month like all my others instead of when ever they decided.

This did not happen and when that months payment was taken in the last week of the month there wasn’t enough funds.

This is the only month that the funds were refused all other payments were on time.

 

I must admit I forgot about the payments until I received a letter from MBNA in August 2011 informing me that my loan was ending

and that the final payment of £248.59 would be taken out via direct debit on 6th September 2011.

 

This was payment for the arrears,

 

I phoned them up (I know!!) and told the girl there was no way I could pay all that,

she was very helpful and told me to cancel the direct debit and make different arrangements to pay the amount over the next few months,

so I cancelled the direct debit.

 

This got me thinking and I thought stuff it, you’ve screwed me enough and I promptly forgot about it all.

 

On 5/2/2012 a letter arrived from MBNA informing me that the current arrangement was due to end on 31/3/2012 and that a final payment of £0.00 would come out.

 

On 20/2/2012 a further letter arrived from MBNA and in the same envelope was a letter from Moorgate.

MBNA informed me that a letter was enclosed from Moorgate stating that my loan account was being transferred to AOF 2 Sarl as the loan had been purchased.

The Moorgate letter gave a new account number stated that the terms and conditions remained the same and as from 16/3/2012 Moorgate will collect any direct debits.

 

Various letters followed and on 11/4/2012 there was an amount of £392 quoted.

 

Then came the incident that made my blood boil.

 

After numerous letters I collected all the MBNA stuff I had determined to check it all out,

these included bank statements of which June 2012 was the latest.

 

Looking at June’s I saw a direct debit for £69.75 to AOF2.

 

I phoned the bank and discovered that for 3 month Moorgate had been taking unauthorised funds from my account.

I went ballistic received a refund and made sure the direct debit was cancelled.

 

At the same time I looked at the MBNA papers and its unbelievable they have been helping themselves each month to whatever funds they deemed necessary

between these amounts £69.75, £94.75 and £84.80.

 

Of the 2 only statements there are extra charges of £25 for a default sum and interest of £23.74 each month.

Also when I got copies of my CR files only Experian showed the loan with AOF2 as the owner a default date of 31/1/2012, default balance is £462 and current balance is £253.

 

Unbelievably agreed payments of £69 over 72 months are quoted.

The file also shows changes to the loan period on 4/12 it was 60, on 6/12 it went to 70 and on 7/12 it went to 71.

 

I am spitting feathers to say the least especially when a letter from Moorgate arrived thanking me for requesting a direct debit instruction and asking me to complete it.

 

I am toying with the idea of phoning them to come out so I can chase the toads up the street with my crossbow,

seriously though I was planning on doing the following;-

 

Sending a CCA request to Moorgate, then, Sending a SAR to MBNA so that I can start to get the charges etc back.

 

Is this the correct action to take?

Would you mention in the CCA request to Moorgate about the unauthorised deductions from my account?

Thanks and sorry for the long tale of woe….

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cca the dca and sar mbna

 

claim back all charges and any ppi if taken

 

thats why it is never safe to set up DD's with these firms, this gives them carte blanche to your account.

 

also inform the bank of these transactions and demand that they claw them back if they were unauthorised by you


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Hi PGH, Thanks for your advice, I'll get those letters out tomorrow. I did get the 3 months payments back but not the unauthorised overdraft charges (that's something to take on after these Muppets).

I'll keep you all posted of any developments. One things for sure I'm not letting this go, not until I get back what's owed.

Thanks again

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Hi,

I eventually got the funds together so that I could send the £10 PO to MBNA for the SAR

and the £1 PO to go to Moorcroft for the CCA request (better late than never I suppose).

 

 

I am sending the letters recorded/signed for delivery today on my way to work.

I made the PO out to MBNA and Moorcroft instead of leaving them blank I do hope that this was the correct thing to do.

 

In between my last post things seem to have heated up for some unknown reason,

starting with a couple of letters from Arden Credit Management.

 

 

Seemingly despite their numerous attempts to contact me they have not had a response

or an indication of my willingness to resolvn the matter so they

(a Neil Bond aka James for the fantasy world he must live in) has reviewed my account

and he has determined that further action is necessary and instructed field agents (the bond theme again)

to attend my property to discuss the matter with me personally.

Oh and that is a £75 charge for me.

 

On Wednesday I arrived home to a brown envelope with my name and address scrawled on it

together with delivered by hand and the date.

 

 

It contained a calling card from Resolvecall with the usual call us or else.

On Thursday I was at home when the "agent" hammered on my door so I took the opportunity

to give him an indication of my willingness to resolve the matter via standing at the window giving hmi the reverse victory sign.

 

 

He went red and hammered on the door a few times before jumping into his car a

nd took 20 mins to write another calling card which he posted through my letterbox.

 

 

what t Although it was quite funny these idiots are starting to really annoy me,

would it be in my best interests to send them the no calling letter and also add on that they can stick the £75 where the sun don't shine.

 

 

I would not like these bozos to knock one day and my young son answer or anything so thought I'd best ask what to do to stop them.

 

Thanks, will let you know what MBNA do and Moorcroft when or if I get replies.

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Did you post the letters yesterday?

 

You should also print the "no visit letter" off and hand him a copy the next time he turns up. Clamly. Say goodbye and close the door on him. Post a copy to head office.

 

IMO the way to give these people an ass kicking is by using your rights to your advantage and that removes theirs. This is best done calmly and in writing. More like a game of chess than a boxing match.

 

You certainly seem to have their attention at the moment - off all the posts I have read you have the current record for the number of doorstep visits.

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, you have arranged numerous “doorstep calls”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

The doorstep calls will cease forthwith. Non compliance with my requirement will result in a complaint to the OFT.

 

Yours faithfully,

 

....................(print name)

Edited by Bandit127

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Hi, thanks Bandit for the earlier advice,

 

 

I posted both letters on 11th Aug via signed for 1st class and did not hear anything until

 

 

a letter arrived yesterday from MBNA returning my PO stating they could not comply with my SAR

as I no longer had my account with them and therefore they had sent all my information to Moorgate.

 

 

They quoted my account number and advised me to contact Moorgate who the account was now with

and to send them a cheque for the SAR fee.

 

 

I have still not had a reply from Moorgate from my CCA request sent on 11th Aug.

 

 

What would be the correct proceedure to follow now?

I am adamant that MBNA have taken sums in illegal charges for most of the period of the loan

but if they will not supply the payment data or do not have it how would I be able to prove it?

 

 

Any advice is much appreciated and will be followed to the letter.

 

 

Even playing chess lol.

 

 

Many Thanks P.S no more doorstep visits have occurred......thanks

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Load of bull**** from MBNA they have to keep all data for 5 years from close of account for money laundering purposes.

 

Have a look at the following link to money laundering Revenue and Customs Web-page.

 

http://www.hmrc.gov.uk/mlr/

 

You could always send a copy of the MBNA letter to Revenue and Customs money laundering section and watch the **** fly.

 

As you can probably guess I hate MBNA

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Thanks for that Dpick, like you I am not their greatest fan either. Should I resend the PO and remind them of their duties and the likes, must say I'm really really tempted to send hmrc a copy of the letter just for the hell of it haha.Cheers I'm off to study the site.

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Hi Jordibird,

 

Don't let them fob you off.

 

Just to let you know a few months ago I received my SAR from MBNA for an account which had been sold to a DCA in 2005. I didn't get statements but got a transaction history showing every in and out for the life of the card, a copy of my CCA and a load of other guff.

 

Send them the failed SAR letter in the library and if no joy with that then report them to the ICO for non compliance. This is what I've done with HBOS, as they claim they cant find my Sainsbury's account from 2008??? Beggers belief, but as dpick says, they are meant to hold on to your info for a good few years after the accounts been closed.

 

Good luck

Up2

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Hi Up2 thanks for that I. will send them that letter and see if that gets results. it's so annoying when i think of it as i have paid a thousand times over for their incompetence apart from that one failed payment the rest we're all on time and up to date and as i ranted about earlier some of the monthly payments exceeded the agreed amount by up to £40. So I'm not paying them or their bottom feeders a penny more.

 

Good luck with HBOS keep me posted and I'll do the same on here.

Cheers

Jordi

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If they sent anything other than account number, name, address and amount I will give that hairy mut on the left a treat.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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I hope they do

- it will have to be a large treat for the hairy mut then lol.

 

 

Is there anyway to prove that they have more data than what they have sent if they only send the basics?

Would that be the time to pass their correspondence onto HMRC and see what comes of that.

 

 

It seems totally ridiculous that they could claim to have no records of all the payments when it is a requirement to do so by law.

 

 

Would there be any recourse if that happend, or like the banks would they get away with it?

 

 

Sorry for all the indepth questions I'm just trying to get the info so I'll know what to do next.

 

 

Cheers

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Hi it will do nothing for you but it will cause them a lot of problems with Customs & Excise if they have disposed of the data(In my view they are talking a load of ****) they have broken the law. Also you could send a letter to MBNA saying if they do not for-fill the SAR you will be complaining to ICO/FOS this would cost MBNA £850 for FOS to investigate.

 

As for the hairy mut I cannot give it to much it's only a foot long mostly hair.

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Cheers dpick I'll do just that, see if that triggers the boogas to send my data. I'll mention the ICO and also remind them that I will take action through the court to obtain an order for the data. Give the fur face a big pat from me

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In August 2012 I sent a SAR to MBNA and received a letter back refusing my request on the grounds that they had passed all data onto Moorcroft who had bought the alleged debt and that I should send my SAR to the latter.

 

I sent another letter which demanded MBNA send me all the data as they were obliged to keep records for 5 years under the Money Laundering Regs 2007 and failure to do so was a breach of the regs and would be reported to the FCA/HMRC. I didn't get a reply but received a statement from Mcroft.

 

I didn't persue this due to circumstances at the time. I am now eager to take this up again and have masses of paperwork to collate etc.

 

 

Will post when I have got it in order.

I am going to send a SAR again as it is important that I get all their data from 2006 to 2012,

 

 

is there any advice you can give me regarding an extra paragraph in the SAR letter regarding the keeping of records for 5 years and to force their hand to comply?

 

Cheers

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id just sent our std SAR

 

 

have your moved since you took the card out

if so read the full SAR thread

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Hi DX,

 

I am still at the same address I was when I took the loan put, sorry should of said it was a loan not a credit card.

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Hi,

Just a quick question I am missing some bank statements that I need to cross reference with the monthly payments, or to use in the event that MBNA is not forth coming with the SAR data. Would I be right in thinking that a SAR to my bank with the precise statement dates would be the best option and cheapest considering the charges they levy for duplicate statements.

Thanks

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poss but wait to see what MNBA send


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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