Rosie vs MBNA - Advice needed

[rosierose]

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[Glenn UK]

Rosie

 

I would pursue MBNA, if they deal with you like many of us they will only wilingly send data up to 6 years old.

 

If they do write back to them asking them for the data for your history with them.

 

As far as i can make out they hold that data on computer so I do not believe there is any reason for them not to provide it.

 

If they refuse to provide the data then lodge a complaint against them with the ICO or file a claim at court.

 

I would also follow the CCA route at the samne time, might as well get as much info/ammo as you can.

 

JMHO

 

Glenn

[Sev]

Rosie, I would agree with Glenn UK on this one, just as a matter of interest what DCA did they sell your account on to?

 

Also, have they actually sold on the debt or is MBNA actually still the recipient of the debt? - as in do you still get statements from MBNA showing the collected monies?

[rosierose]

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[rosierose]

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[Sev]

No Rosie, I haven't, but don't let the fact that you are pursueing more than one person scare you. You have every right to the money that you are owed.

 

Are Link Financial charging you interest on this debt, and if so I bet it's bigger than your payment to them. Never forget that they bought this debt for about 12% of it's value, DCA's are the bottom feeders of the debt food chain.

[Glenn UK]

I would agree with Sev and make the additional point that you are not necessarily chasing both companies for money.

 

You are asking them to prove the debt by asking for the agreement under the CCA and checking the amount of charges by sending them a SAR

 

So i don't think a court would worry about any of this,

 

HTH

 

Glenn

[rosierose]

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[tamadus]

Rosie,

 

I agree fully with what Glenn and Sev have both said. go after both of them as you need as much information as possible. Once you have that information then you can set about the task of sorting your claim out.

 

Thye are going to try every trick they can to get you to drop your claim but once you prove your serious about it they will settle it. So start by showing your intent

[rosierose]

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[Sev]

you'll qualify for sainthood by the time MBNA have thrown all their tricks at you.. be strong, and just pm, or post if you need reassurance or help...we've all been through this.

[rosierose]

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[rosierose]

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[Sev]

Rosie, that's actually quite tame to the final correspondence I sent MBNA!

 

I would also add that you are making a complaint to the OFT - apparently the trading standards in their neck of the woods meet with them every month!

 

I would also follow bank fodder's thread "Do you think the Financial Ombudsman should do more" - and write to complain to them, reinforcing that you have no faith in them.

 

In short, just kick up as much fuss as you can - infact only yesterday I went onto http://www.bbc.co.uk/watchdog and asked that they do a feature on MBNA and creditor harrassement in general. It would be lovely for the nation to know what this lot are really like.

 

I also copied in donna pumfrey and Michael Rhodes (michael by post and email)

 

You should not have needed to submit a copy of your passport, this is 100% stalling tactics.

[tamadus]

It looks like MBNA are starting to delay things a lot. I sent and SAR to Alkliance & Leicester for my ex wifes credit card. The 40 days expires today (11/11/06) she recieved a repy about 4 days ago asking for proof of identity and a cheque for £10 if she wants a full SAR. LMAO

 

I replied telling telling them their time was up but I would allow another 7 days after which I was reporting them to the ICO and issuing a summons for non-compliance. They can also forget further I.D. especially as A&L have just sttled a claim I made on her behalf

[rosierose]

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[Guest Battleaxe]

Rosie, you can look at my link Battleaxe does MBNA.

 

I have gone for the jugular with this lot and also contacts the Crown prosecution Service regarding Harassment. I am not resting until I have MBNA exactly where I want them.

I haven't even started our claim, because they have not responded to our SAR positively, so submitted my documentation to the County Court for the Judge to force them to reveal what had been requested.

 

We had an A & L credit card, which was sold on to MBNA, but never at any time did either bank notify us of this and as the statments still come out on A & L letterhead, i am wondering if there is case of concealment here also. Until I started chasing the charges did Kent (my other half)discover MBNA actually owned the card and this was as late as September this year. Now I wonder, did we sign a credit agreement with MBNA? I know we didn't. just because A & L sold the business and failed to notify us, isn't this a conflict of our interests? I am playing devil's advocate. if we had known A & L did not own the credit card, we would have closed the account and not done business with MBNA.

 

Oh we have also asked MBNA to produce a signed credit agreement with them.

[Guest Battleaxe]

Rachael Claridge is just one of a room full of Assistant Vice Presidents. I think they draw their titles out of hat at the beggining of each quarter.

 

They used to be Customer Advocates or some other title...

 

I wonder what an Assistant Vice Presidents earn a year?

 

Me? I am President of Domestic Engineering and Household Morale, and choose my own hours of work.

[rosierose]

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[rosierose]

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[Guest Battleaxe]

Hi Rosie,

 

I got a letter back from Kaleidoscope much the same so I sent back a reply to them. Looks like Moorcroft decided they had better stop wasting time and handed it back to Kaleidoscope for action.

 

 

14 December 2006

Balraj Mehta

Collections & Credit Department

Kaleidoscope Ltd

PO Box 1758

Sheffield

S96 5YA

ACCOUNT NO xxxxxxxx

With reference to your letter dated 11 December 2006.

The credit agreement I requested was not enclosed with this letter. I can only assume this is stalling tactic on the part of Kaleidoscope which will be viewed dimly by the Courts and the Office of Fair Trading.

I would like to remind you that Kaleidoscope has until 4pm, 5 January 2007, to provide me with the Credit Agreement which complies with Section 61 of the Consumer Credit Act, 1974.

My inquiry is still not resolved.

Yours sincerely

Oh the letter was addressed to Consumer Action group. I think the labels are getting people rattled. Of course I have my CAG email address on the letterhead.

Rosie, it looks like they too are playing ducks and drakes, but there is no getting away from the fact, they have breached big time

Write something you would enjoy, rather than supplying them with the addresses where you have lived. They are stalling.

[rosierose]

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[Sev]

Also it might be worth adding that as they have no record of you then they are clearly commiting a case of harrassement and you will be forced to file a criminal complaint with the police and crown prosecution service.

 

The address request is just a stalling tactic, nothing more.

[rosierose]

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[Guest Battleaxe]

Rosie,

 

If this is the case, both us of will have case against MBNA for an uneforceable agreement. I am waiting to see if they can produce an Agreement which complies with S78.

 

Interesting days ahead, this also means CRA's could be in deep doo for passing on information which is not correct.

 

Allyxia might be interested in this, she has similiar issues with Natwest.

 

The ICO might be very busy in the New year