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Wade vs MBNA Credit Card


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Hi everyone.

Firstly, I must thank each and every one of the people involved in supplying information, advice and templates etc etc for us 'lay-persons' to help ourselves. Thank You. I hope this posting is appropriate and in the right place?

I am dealing with all the correspondence on my partners' behalf for a number of reasons....

 

Sorry for the lengthy post, but I need to be certain I'm doing right by my partner here...

 

Using the notes, on the 9th Nov I sent off a custom letter special delivery! - one of many up till now and had made/received many phonecalls - and sent a S.A.R - (Subject Access Request) to the Data Controller MBNA. Received an acknowledgement letter stating receipt of custom letter on the 14th, dated the 20th, received 22nd.Nothing on SAR. When do I take the 40 days to run from?

Since then, received a standard letter, 24th Nov stating 'your decision not to pay arrears despite a number of requests... withdraw credit line threatening default.

This account is covered by incapacity insurance payments and has been since May 2004 since my partner was 'declared disabled'. State benefits for us both - pleading letters, income and expenditure forms and still the charges etc piling on (late fees, overlimit fees, increased interest charges because of additions, increased PP premium as increasing balance)

Statement received 7th Dec showing approximately a year worth of Late Fee Adjustments (no over-limit fees or reduction in interest etc) have now been returned as a refund to the account. The account is now under the credit limit for the first time in 2 1/2 years and £2595 of insurance payments (balance £2432.28 / £2500 credit limit).

Default Notification threat dated 7th December received today 11th.

Serious arrears....failure to pay will result in default....from the same person my initial letter was addressed to on 9th November.!!!icon8.gif

 

I urgently want to respond to both the statement with some refunds and the default threat., and to chase the SAR. Can I do this all to the same person and what closing date for the SAR?

 

Thanks and regards

Alan

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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Im not sure but if the account is in dispute, I dont think they can default it. hopefully my post will bump this a bit and a legal eagle will pass by with some advice

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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I think you will need to write to the Credit Reference Agencies and inform them that this account is in dispute over the amount owing. If I'm correct then they cannot record a default against your name over the account.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Thanks for your replies, I'm sure I read regarding the DPA Breach, that if the account is in dispute, then the information held on the subject cannot be divulged to a third party or a default lodged, if the charges wholly or partially/mainly form the amount being defaulted?

Remember reading it, but can't find it again, and looking at the DPA website - Its a minefield. Need to have a degree in parapsychology to interpret clauses?

The main question I wanted to ask was - when is the 40 days valid from for the SAR? Typed and posted recorded del on the 9th November, delivered to the building on the 10th, signed for I assume, is it deemed served on the 10th or from the day of supposed acknowledgement - the 14th?

Getting ready for a chase up letter to advise 40 days nearly expired...

Thanks everyone.

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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the date they received it - so the day the Royal Mail tracking service says it was delivered is the first day of the 40.

_________________________________________

Alliance & Leicester MBNA Credit Card

Data Protection Act letter sent 3 July 2006.

Incomplete list of charges received 12 August 2006

Requested repayment of charges 10 November 2006

LBA sent 24 November 2006

Estimated £4650 in fines and interest.

Barclaycard

Data Protection Act letter sent 3 July 2006.

Incomplete statements sent 9 July 2006

Requested repayment of charges 14 August 2006

LBA sent 30 August 2006

Estimated £468 in fines and interest.

Initiated claim at MCOL 20 September 2006

Claiming £615.47 including fines & interest, s69 interest and costs

Claim acknowledged 10 October 2006

Defence filed 20 October 2006

Settled in full £640 total. 14 December 2006

Vodafone

Requested Default Notice removed 10 July 2006

Received letter agreeing to request 10 August 2006

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Ok, so today I got a letter dated 11th Dec from Gavin Theobald, Customer Advocate Office Manager at Chester. Apologies for the delay, thanks for letter, enquiries taking longer than anticipated. " We will provide you within the next 10 working days"...........enclosed, a copy of our internal complaint procedure for your information".

 

Thats since the 9th November. 40 days on SAR due to expire on 20th December, new date for reply could be up to 27th with Christmas post. Is it worth writing a chase up or wait for that deadline?

Not sure, but as he is quite high up, he may be a help to have in the chain of communication?

 

What should I do...please?

 

Thanks - Alan

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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The ball is rolling.....

 

I sent a letter yesterday rec del, to Gavin Theobald asking for his assistance in ensurin the 40 day SAR is fulfilled, also clearly stated that I hold the account in dispute re PP insurance suspended, the default; acknowledged the return of some of the late fees etc.

 

Today (must have crossed in the post), another letter (which seems to be templated and personalised) from Gavin Theobald...

 

""

Thank you for your letter which was received on 14 December 2006.

We have always set out precisely what our charges are in our agreement'with you. as they are an integral part of the terms and conditions under which we are prepared to provide credit facilities. When Customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each Customer and for good reason. We expect every Customer to respect their credit limit. If a Customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage we look at the portfolio as a whole and set uniform charges to help cover our costs, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time a payment has not reached your accounts within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees. You will receive notification of the changes to the terms and conditions. We expect you to honour the revised terms of your agreement with us. If you do not do so, we will have no alternative but to cancel your card and to formally terminate your credit agreement.

With the above in mind, and as a gesture of goodwill I have credited your account with a payment of £621.00; this will be deducted from your outstanding balance, not from your account arrears.

Please be aware that your account is currently two payments in arrears, totalling £ 181.63; there is also an additional £63.67 due by 4 January 2007.

If you are unable to afford the required contractual payments, please contact our Debt Management team on 0800 096 9668 with the details below so we can assess the level of assistance you require.

Your monthly income (salary, benefits, allowances)

Your monthly expenditure (household costs, utilities, rentals)

Names of all your other creditors and balances owed with each

Employer details

Reduced offer of payment

Please rest assured that MBNA is committed to assisting Customers in financial difficulty therefore we have suppressed interest and fees to your account. However, details of a reduced payment arrangement will show on your credit file.

I trust this response meets with your expectations; if you have any further queries please contact Daniel Friar, on 01244 672628 (Monday to Friday, 9am to 5pm). I am also enclosing a copy of "Our Commitment to You" leaflet, which explains our complaint handling process in greater detail. If we do not hear from you within eight weeks of the date of this letter we will assume that the matter is closed.

Yours sincerely

Gavin Theobald

Customer Advocate Office Manager

""

 

Am I right in assuming this is similar to other peoples' GOGW letters?

Should I now write another letter contesting his above, or wait for the 40 days?

Should I accept his GOGW in partial only and pursue the remainder - he did also include 2 printed pages of charges etc (both added and now some returned) as far back as March 2003 - not the full 6 years?

 

Please help ???

The insurance payments have been paid every month for 29 months, how can I be in arrears if they cover the minimum amount? (charges possibly?)

 

Any advice welcome..

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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i have just received a computerised version of all transactions after a long drawn out process of threatening court action to get them! my insurance payments did not cover the monthly payments when i was in financial difficulties, to be honest, i do not know what they paid for!

 

If you are still waiting further information under your SAR request i would write and advise of how long they have to provide such information. if the 40 days are up from the original SAR request then there are non-compliance letters in the bank templates section of CAG.

 

If the GOGW they have offered you is less that what you worked out (i.e. charges and interest) then i would write back accepting it as a partial settlement ONLY and chase them up for the remainder, also ask for the default to be removed (if there is one) and ask for a breakdown of what it is that your insurance premiums are paying.

Thanks

 

 

 

23/11/06 HSBC **SETTLED**

30/12/06 - GE Capital - **SETTLED**

30/12/06 - MBNA - charges and interest **SETTLED**

 

30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI

 

 

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Hi all,

Thanks AdiNicol - the 40 day SAR date is 20th Dec. With my letter crossing in the post with MBNA's GOGW, left it a couple of days, otherwise asking questions that may have been answered already.

Just about to do 7 day chaser for complete SAR, before LBA on DPA.

I'll accept GOGW as partial payment only, and also question why there are arrears if the Insurance payments made monthly, have not covered the due amounts, especially as they have now return approx 1 year of the charges that kept the account overlimit!

They also sent another income and expenditure form with the last letter, but won't complete that until they've replied to SAR etc.

 

They are so frustrating, delay tactics and a cheap buy off.

 

Ding Ding - round 3!

Thanks everyone.

Happy Christmas all.

xxxxxxxxxxxxx

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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  • 2 weeks later...

Hey all - hope it was a good Christmas for you all.

 

Sending Library template letter - 40 day incomplete SAR details.

Gave them (generously and hopefully in my favour if court required) 7 working days (8th January) to comply.

 

I only received back to March 31st 2003 on a two page plain paper printout, at least another 18months worth yet to come. Problem is I don't remember when exactly - is there a way to find out? I think I read somewhere about requesting a copy of the CCA but cant remember who/when/where etc.???

 

So I'll send the letter to the Data Controller, and copy contents in a 'I want to confirm account in dispute, why suspend my PPI and why a delinquent account' letter to Gavin Theobald - The Customer Advocate Office Manager...

 

Fingers crossed.

 

All the best folks

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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HI

 

Could I ask for some help please?

 

If I have available, 18months statements, a printout for 3 (ish) years of the charges added to my account, and a print out showing a list of charges added (and some now reversed) but none of the figures add up to the GOGW received - how do I determine how much more to claim for without seeing the DPA non compliance all the way to court.

I haven't even had an acknowledgement of the original SAR - just about had ack for letter sent at the same time - very little else since.

They seem to be playing me quite hard!

 

Any suggestions please?

Thanks...

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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firstly do you have statements/ information on charges spanning the length of time with MBNA? if not then yes chase that up via non-compliance. I found being shirty (but not verbally rude or aggressive!) on the telephone and advising them of my rights under the data protection act brought a swift resolution to the situation and i got the information and it was very much like what you got, a computer printout that broke everything down and i was left to work it all out, 14 days later the darm statements arrived!

 

if you are still confused over when the account opened, just ring them up and ask, they should have it on their database. MBNA will provide such information, if they cashed your 10 SAR money they should give you a copy of their agreement as they have a standard form they send out you tick the boxes asking for what you want etc.

 

if you feel you have all the information then work out the charges plus interest (use the spreadsheets available in general section i think) then minus the GOGW. There are threads in the general section on estimated charges etc if you feel that is the way to go read through them and understand the complications you may face.

 

thanks

Thanks

 

 

 

23/11/06 HSBC **SETTLED**

30/12/06 - GE Capital - **SETTLED**

30/12/06 - MBNA - charges and interest **SETTLED**

 

30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI

 

 

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I have just sent an SAR to MBNA even they sold my debt but, added 12K onto it before disposal, bless them!

 

I would advise anyone to immediately cancel the insurance unless, anyone here can confirm it had been useful? They will not only charge the insurance but subject it to a high interest rate.

 

I wouldnt beat around the bush with MBNA and enforce your rights as strongly as you can.

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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firstly do you have statements/ information on charges spanning the length of time with MBNA? if not then yes chase that up via non-compliance. I found being shirty (but not verbally rude or aggressive!) on the telephone and advising them of my rights under the data protection act brought a swift resolution to the situation and i got the information and it was very much like what you got, a computer printout that broke everything down and i was left to work it all out, 14 days later the darm statements arrived!

 

if you are still confused over when the account opened, just ring them up and ask, they should have it on their database. MBNA will provide such information, if they cashed your 10 S.A.R - (Subject Access Request) money they should give you a copy of their agreement as they have a standard form they send out you tick the boxes asking for what you want etc.

 

if you feel you have all the information then work out the charges plus interest (use the spreadsheets available in general section i think) then minus the GOGW. There are threads in the general section on estimated charges etc if you feel that is the way to go read through them and understand the complications you may face.

 

thanks

hi AdiNicol - thanks for your reply.

I believe the account was opened sometime early 2001-not sure exactly, but definitely before the start date on the print out.

I've got back to January 2004 statements - no further, so I don't believe I have enough to give an accurate guesstimate of the total.

The GOGW has already been deducted from the account balance-although their letter offering it did not state 'final offer' or full & final etc, so the letter I've sent thanks them - accepting in partial only etc.

As the payment for the SAR was a Postal Order - it would take upto 3 weeks for the post office to confirm it has been cashed apparently (strange), so as it has been delivered, I've rightly or wrongly taken it that the payment has been 'accepted'. Cashed or not!

So - the 8th January is the end of 7 days LBA.

I think I'll take your advice to call them tho!

 

Thanks again.

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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I have just sent an S.A.R - (Subject Access Request) to MBNA even they sold my debt but, added 12K onto it before disposal, bless them!

 

I would advise anyone to immediately cancel the insurance unless, anyone here can confirm it had been useful? They will not only charge the insurance but subject it to a high interest rate.

 

I wouldnt beat around the bush with MBNA and enforce your rights as strongly as you can.

Hi Nevos - thank you too!

I have had some benefit from the payment insurance, as without it- the £89 a month min payment would have been impossible for me to cover, the only drawback was that MBNA decided in their ultimate wisdom - to reverse upto £72 each month in interest, PPI premiums, Late Fees (which they had control with communicating with the insurance co) and over limit fees (as a result of the fees they added!

 

I did have a capital one card - totally paid off in 9 months (£2500) - very worthwhile, but one of the rare ones that paid 10% of monthly balance for upto a year (ie clears balance!)

 

Taken both yours and AdiNicols advices, strong letter before action sent, phonecall happening tomorrow to establish start date of agreement.

 

Thank all :-)

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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