Any Answers?

[Unholy Alliance]

Had a call from Stuart Johnson at MBNA, who would like me to suggest to him what would be a reasonable offer of settlement! He was aware of my DPA request, but wants to" Nip things in the bud"! Obviously without full details of all the charges applied, it's very difficult to estimate what would be fair in any event. Further, MBNA acquired the credit card account from Alliance & Leicester in November 2003, and much to my surprise do not have any records relating to accounts prior to that. I wonder why, as he tries to maintain the bank's position on charges he is so keen(apparently) to settle this without being able to provide me with access to my account details. I have told him I'm perfectly prepared to be fair, and am not prepared to guess at settlement figures. He also acknowledged the fact that in a previous call I made the bank, it was admitted by two separate individuals(who cite themselves as a senior members of the bank) that these charges were in fact penalties. They also admitted that no-one at the bank had any knowledge in detail of the unfair consumer contracts act 1999, but that in any event, regardless of what that stated, it didn't apply to them anyway!

 

My question, however, is this: if I were to agree to settle with MBNA, where would that leave me in respect of previous charges made by A&L when they owned the card? And more importantly, if I decided to take MBNA to court,

can I only sue them back as far as November 2003, and would I have to take separate action against A&L for charges imposed prior to that?

 

Any advice would be much appreciated.

[Unholy Alliance]

My question, however, is this: if I were to agree to settle with MBNA, where would that leave me in respect of previous charges made by A&L when they owned the card? And more importantly, if I decided to take MBNA to court,

can I only sue them back as far as November 2003, and would I have to take separate action against A&L for charges imposed prior to that?

 

Any advice would be much appreciated.

 

Moreover, why am I getting letters on A&L headed paper, threatening defaults etc, if in fact its actually MBNA? Is this harrassment? I am beginning to feel that this lot is very tricky..so if anyone has any suggestions, I'd really appreciate it.

[natalie]

This is ridiculous how on earth can you agree a settlement if you dont know how much is owed! I would tell him thatyou will give him a figure when you receive your statements/list of charges. This is not compensation for bad service or something it is your money they have taken illegally.

 

Its your decision but I wouldnt agree to anything until I knew the exact figures. It sounds as though you have them backed into a corner and they are desperately looking for a way out.

 

I'm not sure about the A&L question but I'm sure someone will know

[gothicf0rm]

i managed to agree to a settlement with HFC without knowing how much was owed. lol. to this day im unsure exactly how much was, there again i never signed any documents showing i settled so perhaps i shuold do a DPA request.

[Unholy Alliance]

Thanks for your replies..I tend to agree with you, but now it gets creepier! I sent a brief email (rather than one of my more direct emauls) just so I could get a little space..I get a reply back 2 (yes 2) minutes later where he writes like we're old muckers, signing himself off with his forename. At this rate he'll be asking me out to dinner, or invite me to go scuba diving in the Maldives!

The moment I get some feedback on issue regarding the legal distinction and liability between A&L and MBNA, I'll let everyone know how this is progressing. Thanks for your thoughts, much appreciated.

[Unholy Alliance]

it looks like A+L may be ready to deal:(see crafty negotiation thread), however, I would still like to know whether or not I need to file a claim against both A+L and MBNA, since theyve only owned the card since Nov2003. Do I need to go after A+L for amounts proir to that? I'm just not quite sure how to proceed in order to finish it off properly, without impairing any other claim i may have. Any replies/help would really be welcome! Thanks in advance.

[Unholy Alliance]

In the light of the recent ruling from the OFT declaring these charges as illegal (rather than unlawful)(source Daily Mail), if the bank now continues to charge, are they committing a crime that can be prosecuted? One or two of my previous threads (crafty negotiations/ getting there) also need some feed back, as I will be litigating in the next 10 days, so I need to be fully up and loaded for this.Any help, any suggestions any advice much appreciated.

[BankFodder]

As far as criminal liability you would have to show beyond reaonable doubt that the bank was acting dishonesty.

 

You would have to be vey lucky to find this evidence.

 

leave it.

 

 

 

Your best bet is to read the guidance notes in the library - especially as to standard of proof.

You only have to persuade the judge onthe balance of probablities that the charges are unlawful - and I think that the OFT report does this quite well.

If it goes as far as receiviing a defence, then we would like to see it before you respond.

[Spiceskull]

In the light of the recent ruling from the OFT declaring these charges as illegal

It was only a statement to which the banks have about 8 weeks to reply. Until it is made law that the charges are illegal we shouldn't think about it. Better off doing all we can to help prove the case in the way we are currently doing...

[BankFodder]

I would go against whatever address appears on the statements.

[Unholy Alliance]

Thanks for that Bankfodder (or should that be Bankwolf?)..you have helped clarify my thinking!

[Unholy Alliance]

Point taken, both of you, and thanks. One step at a time and slowly but surely does it I guess...Once again, many thanks for your guidance.

[Unholy Alliance]

The bank recently offered to refund sufficient charges to bring my overdraft within its limit.(note, the ONLY reason its over limit is because of those charges..) I sent a formal request which expires on Sat.15/4. Ive also sent a DPA request in too. Both have been ignored/not responded to. Now the Bank tells me theyve issued a default notice. Since the amount they claim is made up of these charges anyway, and if they had refunded them as they are supposed to I would be in credit by a substantial amount, does this mean I can bring an action for defamation of character? And if so, should I go after the person that sent me the letter, the bank, or both?

 

I am playing fair by following the guidelines reccommended on your site, but should I now just issue a summons anyway, without giving them a further 10 days? All help will be massively appreciated. Thanks in advance for your advice and suggestions.

[Nightmare4banks]

Hi all!

 

Sorry to hear about your problem,Unholy Alliance.

 

I have a similar problem with a credit card but not A&L.

 

I think I can answer some of your questions:

 

The person who wrote to you is writing in the capacity of a rep from the bank so you sue the bank.

 

From what I understand,a default notice is NOT a default.All this document is the threat to default you for your breach in the agreement with the bank.

 

In order to find out whether you have been defaulted or not,you would need to contact the credit reference agencies - Experian and Equifax.

 

Get your credit file and then post the details,so we can help you further.

 

You should be able to sue for defamation provided that there is any incorrect negative data entered on your credit file.Also that you have suffered distress and loss i.e.having to pay higher interest rates for credit or refused credit facilities.Personally,I think that if your credit file shows any incorrect info and no defaults you should be able to sue.

 

I must admit I do not know enough about this subject to give you any further proper guidance and perhaps someone with more knowledge can kindly shed some light on this.

 

I hope you find this information useful.

 

Keep us posted.

 

All the best!

[Unholy Alliance]

Thanks for that. I will run a credit check, but with these people its one step at a time. I understand their strategy in terms of settling at the last minute on a no liability basis. However advice on this site also reccommends insisting that defaults are removed as part of the settlement. Now had the default happened some while ago, before the issues became clear on the subject, then a settlement as outlined would have been acceptable. However, having notified them of my formal request , and having formally asked that they remove any defaults, it seems that they are deliberately ignoring me, and instead, going out of their way to cause grief. The defamation process in terms of litigation is a long and expensive route, and I have no idea what kind of damages I should be claiming for. That is why I had thought of going after individuals, since I doubt they'd be so smug and complacent if they had a writ served on them individually. In addition, I am working on the same principle as eg Nuremberg (no, im not suggesting they're war criminals!) but the excuse of "Im only following orders" wasnt acceptable then, and I dont see that it should be acceptable now. Individuals are responsible for this state of affairs, so shouldnt we be tatgetting them as well? Just a thought!

 

Thanks again for your reply, it is much appreciated. As the story unfolds, Ill keep the site posted.

[Unholy Alliance]

Where does the liability fall between these two as far as the A+L credit card is concerned? MBNA acquired the card from A+L in Oct.2003 MBNA tell me that their account records only go back to the date they took over the card. So do I issue 2 separate summons - ie MBNA present -Oct 2003, and A+L Oct 2003 - Oct 1999.,

or do I go after just one for the whole period? Its getting confusing, and I need to know Im litigating against the right organisation for the right amount. Currently I am going after both, because neither is playing ball at all. Any advice, as ever, will be much appreciated.

[Unholy Alliance]

My bank (A+L) seem to have little or no knowledge or understanding of the laws which have given rise to this site. I sent the following questions to their legal team, and will refer to them in court if I have to since, surprise surprise, I have not received a reply. However, these questions may be of use to other users of this site. Any feedback is warmly appreciated.(The below was sent to Bank 7/4/06)

 

Dear xxxxx

 

I am writing to seek clarification in respect to your banks position in relation to The Unfair Terms In Consumer Contracts Regulations 1999.

 

 

 

My understanding from conversations held with a number of employees within your bank is that either they are unaware of the Act, or that it simply doesn't apply as far as the banks own procedures are concerned.

 

 

 

Naturally either response falls short of reasonable explanation. With that in mind, in order to better understand why this may be so, I would like to ask the following:

 

1) When did the bank first become aware of this Act?

 

2) What steps, if any did the bank take to communicate this Act to its employees?

 

3) What amendments to the banks procedures and policies were made to ensure compliance with the Act?

 

4) What assurances can the bank give to its customers in respect of the above?

 

5) Is it possible to provide dates for 2 +3 above, and if not, why not?

 

6) Why is it that the bank staff I have spoken with assiduously avoid answering direct questions in relation to the Act?

 

7) Why would the bank contend that this particular EU/UK law does not apply to it?

 

I would very much welcome your earliest response to the above questions. I should add that I am a customer of your bank.

 

Kind regards

 

 

Yours Sincerely

 

 

Unholy Alliance

 

MODERATED threads joined ... please keep to your original thread this is for your benefit and the benefit of everyone following your claim

[Guest stephen]

i say issue proceding against both,

[Unholy Alliance]

I sent this to A+L recently..not had a reply. Anyone out there who may have been given some answers? At the very least, I think it will make them sweat a little!(But they are very fair and reasonable questions......)

 

 

 

 

 

Dear xxxxx,

 

 

 

I am writing to seek clarification in respect to your banks position in relation to The Unfair Terms In Consumer Contracts Regulations 1999.

 

 

 

My understanding from conversations held with a number of employees within your bank is that either they are unaware of the Act, or that it simply doesn't apply as far as the banks own procedures are concerned.

 

 

 

Naturally either response falls short of reasonable explanation. With that in mind, in order to better understand why this may be so, I would like to ask the following:

 

1) When did the bank first become aware of this Act?

 

2) What steps, if any did the bank take to communicate this Act to its employees?

 

3) What amendments to the banks procedures and policies were made to ensure compliance with the Act?

 

4) What assurances can the bank give to its customers in respect of the above?

 

5) Is it possible to provide dates for 2 +3 above, and if not, why not?

 

6) Why is it that the bank staff I have spoken with assiduously avoid answering direct questions in relation to the Act?

 

7) Why would the bank contend that this particular EU/UK law does not apply to it?

 

 

 

 

 

I would very much welcome your earliest response to the above questions. I should add that I am a customer of your bank.

 

 

Kind regards

 

Yours Sincerely

 

Unholy Alliance

[alanfromderby]

[Spiceskull]

Good call - don't forget to post the responses here...assuming you get any...

[Unholy Alliance]

Sorry about that...I didnt do it deliberately.The intention was to see if other account holders elsewhere could make use of it with their own bank, and to see what differing responses were given(if any!)

[Nightmare4banks]

Hi all!

 

 

Regarding the defaults I would see to get my credit file from both credit reference agencies.Then get your refund together with a request for your credit files to be amended.

 

If they do not agree,I would have thought that you would apply to the County Court for an Injunction - i.e. to force A&L to amend the credit files.In addition to this you,you would request damages to put you in the position had A&L not put the dafaults on your credit files in the first place.

 

I would have also thought that if you informed the credit reference agencies that once you receive the refund for the unlawful charges and they refuse to amend the credit files,you would also have a claim against them(regardless whether whether A&L aceepted liability or not - especially after the very recent OFT ruling).However,I would thought it would be lesser as they received the processed data from the lender and it was not them that processed it themselves merely being updated upon receipt.

 

I cannot comment on the level of damages you would receive.

 

As mentioned before,I have a similar problem but not with A&L.

 

With regards to your letter,I feel A&L will try and dodge your questions in one way or the other.

 

FROM MY PERSONAL EXPERIENCE....

 

These banksters excel in being evasive when answering questions!

 

By not answering at all!

 

I hope you find this information useful.

 

Keep us posted.

 

Any more questions,please feel free to ask.

 

All the best!

[Unholy Alliance]

Thank you for your various replies...I will most definitely keep yuo up to speed with this.

[Unholy Alliance]

Thanks for that. BTW, any joy in finding people to join you in a class action? I'm happy to help if neccessary.