Stealther Vs MBNA

[stealther]

Hi this my first post on this site though my partner and I have been reading behind the scenes for sometime. Were currently pursuing 13 creditors to reclaim charges. My reason for posting in this forum is we had 2 accounts with MBNA all though when we originally took out the agreement one of them was with another issuer.

 

We have received a summary of charges for both accounts and an incomplete statement for one but nothing from the other. We also received a goodwill payment of all the charges they listed less £12 for each charge. All this on Day Forty I might add.

 

So my question is this are they now breaching my original request as the forty days are up? And if this the case what should I be saying to them in my next letter?

 

I wish to check the charges against my statements because they have lied to and bullied me in the past so I don’t trust them. I also want to claim the full amount and interest on the money owed.

 

Would be greatful for any advice

Thanks

[Cornucopia]

Hi this my first post on this site though my partner and I have been reading behind the scenes for sometime. Were currently pursuing 13 creditors to reclaim charges. My reason for posting in this forum is we had 2 accounts with MBNA all though when we originally took out the agreement one of them was with another issuer.

 

We have received a summary of charges for both accounts and an incomplete statement for one but nothing from the other. We also received a goodwill payment of all the charges they listed less £12 for each charge. All this on Day Forty I might add.

 

So my question is this are they now breaching my original request as the forty days are up? And if this the case what should I be saying to them in my next letter?

 

I wish to check the charges against my statements because they have lied to and bullied me in the past so I don’t trust them. I also want to claim the full amount and interest on the money owed.

 

Would be greatful for any advice

Thanks

 

Welcome Stealther! We are always in need of new anti-MBNA'ers!!!

 

Right, you can now have them for non-compliance. They have breached the 40 days. You can write and tell them you are accepting the offer as part payment but will be pursuing them for the rest. I wouldn't give them more than seven days to fulfil their obligations under the DPA, you have after all issued a full SAR, who are they to treat it otherwise? Make sure you report them to the Information Commissioners office too for non-compliance of a SAR.

 

Once you get the whole lot of charges together, don't forget to add on contractual interest and then minus off the the amount they have given you already.

 

You will get it........never fear!

 

Keep us posted & good luck.

[stealther]

Thank you so much for your advice - I'm going to get on to that straight away - I'll let you know how it goes.

 

Just a quick question, MBNA advised me that they would pay the goodwill gesture into the accounts that I used to hold with them (they are now held by debt recovery companies). Is it possible to insist that I receive the money as a cheque and not allow the money to be used to pay off the debt on these accounts? Any help would be gratefully received.

[Cornucopia]

Thank you so much for your advice - I'm going to get on to that straight away - I'll let you know how it goes.

 

Just a quick question, MBNA advised me that they would pay the goodwill gesture into the accounts that I used to hold with them (they are now held by debt recovery companies). Is it possible to insist that I receive the money as a cheque and not allow the money to be used to pay off the debt on these accounts? Any help would be gratefully received.

 

No problem, glad to be of help, just shout if you need anything else.

 

Generally they will pay the money to whoever is holding the account. However, you could insist to them that you won't proceed with legal action if they pay the money directly to you. You might need to phone them to do this as they are generally pretty quick. They might argue the toss but you could be brave and be very insistent.

 

Have a look at Phil & Alison Vs MBNA, they have just got a huge whack of money paid to them instead of the DCA as they insisted they would only withdraw court action on that condition.

 

The fact of the matter is these buggers will do anything on the basis that you will be intimidated, please DON'T BE! Ring them up and tell it like it is. Tell them you will accept their part payment (and will be putting that acceptance in writing along with the request that they carry out your instructions in full in line with the SAR) and that you'll be pursuing them for the whole bloody lot, with contractual interest on top and you want it paid to you otherwise court here we come. Oh and you will proceed to Court if they try anything else. Don't give them any slack whatsoever! There have been so many shrinking violets on this site and when they get angry and do something, the results are usually spectacular!

 

I am right behind you!!!!:):D:D

[Cornucopia]

Oh and PS :

 

Don't forget to put in the complaint to the Information Commissioner. MBNA have after all breached the Data Protection Act. The more complaints that go in the better for us. It is a simple form that you can do via their website so very hassle free. There is a link on here in the sticky but if you can't find it, or if nobody else responds, just Google it and it is there. That is how I found it once in a hurry.

 

Keep it simple, just report the facts. It is back up too if you have a punch up with MoronsBNA. Make sure they know you have complained too.

[stealther]

Just thought I'd give an update and ask for some advice. MBNA have ignored my letter giving them 14 days to comply with the SAR. I have reported them to the Information Commissioner (yesterday) and now need to know what to do next. I've written them a letter informing them that I've reported them to the Information Commissioner and have given them a further 7 days to comply with the original SAR. Should I also estimate the charges that they have put on my accounts and send them a letter asking for those back? Or should I wait? Is there a template letter for estimated charges? Any help gratefully received!!

[stealther]

Right everyone - just thought I'd update you about what has been going on. MBNA have ignored my letters asking for my SAR so I have reported them to the Information Commissioner. I have estimated the charges using the information that they have sent to me with a number of old statements that I have found. I am now about to write MBNA a letter asking for the estimated charges back....does anyone have a template letter or even a letter that they have sent that I could look at please?

[Cornucopia]

Right everyone - just thought I'd update you about what has been going on. MBNA have ignored my letters asking for my SAR so I have reported them to the Information Commissioner. I have estimated the charges using the information that they have sent to me with a number of old statements that I have found. I am now about to write MBNA a letter asking for the estimated charges back....does anyone have a template letter or even a letter that they have sent that I could look at please?

 

Stealther, you need to file an N1 at Court for non-compliance. Don't give them any slack, they have broken the terms of the Data Protection Act. This will force them to reveal the information.

 

Personally, I would give them a ring and tell them this is your intention and ask them why they have not complied with your SAR. It might give them a shove up the bum ( ).

 

My own opinion is that estimating the charges will cause you problems in the long run, others may beg to differ, but I would want all the information in front of me, lock, stock and barrel before I commenced a claim as you need to get it 100% right. You don't want to give them any room for maneovre or to be able to come back and say that they are defending because your charges are too high or something like that.

 

It will be worth the extra effort to get it right, I think!