MBMA /abbey credit card

[jackster77]

HI Folks was wondering if anyone could help me out I got myself into financial diffs a few years ago -and I ended up getting my parent to take out a loan so I could pay of all my creditors - I got full settlements from all the lenders and talked to them re the lowest payment I could make to clear them

Everyone was great and I got some money knocked off and cleared the debts

All except MBMA/abbey credit card - basically I had a 1000 credit limit and had gone over this and charges kept mounting up and up etc I was paying them 50 quid a month but it wasn't making a dent in it.

So I ovffered them 950 to clear the debt (Which was around 1600 with all the inteest added on)

They agreed to take it as a settlement but in fact they took it a a partial settlement and its on my credit report as a default with a partial settlement I think this is totally unfair as all other companies took what i paid them as a full and final settlement and I Paid back mbma 950 quid plus years of interest and charges

is there any point in pursuing this to get my credit report cleaned up

[Advoc8]

I'd start by getting a full list of charges and also by seeing if you've any documentation that states your offer was a full statement (e.g. copies of any letters you sent them) and any correspondence back from them. Once you know what you can actually prove and what sums you could attempt to claim back you'll be in a better position to negotiate.

[jackster77]

Hey thanks for that

 

I know on the phone that I offered them £950 for a full and final settlement but when their acceptance letter came out It stated that it was a partial settlement- I know I should have rung them and not accepted this - but at the time I had so many creditors and just getting there debts cleared was such a relief so i'm snookered that way but I have had excessive charges on that account so I think I'll do the letter thing requesting statements and take it from there

[Advoc8]

Good luck. I think in future though I'd not make any offers by phone - too easy for people to mishear terms like 'full and final' as 'partial'.

[jackster77]

hey folkd have sent of my SAR today can't wait to send the letter demanding they remove my default from Credit file he he he

[jackster77]

aaagh I just found the letter regarding my short settlement in 2005 and it gives my new address I wasn't sure If they had my new address but obviously they do and I gave them my old address which is my parents address can see major delaying tactics ahead from MBNA

[jackster77]

hey folks advise wanted

 

its obvious at this stage that I am a complete novice at this thing - I forgot to sign my sar letter and I gave my old address and sent no ID

Should I just wait and see what happens and if they respond

or

should I send a new SAR along with another cheque with new address - and ID?????

I'm really such a doofis but just couln't contain myself and had that letter posted quicker than a flash!!!!!

[jackster77]

MBNA - they are a laugh - I havn't signed my letter but they are still processing my request -

SAR Received April 3rd - so the 40 day countdown is on yipee

I asked them how much they had defaulted my for and it was for £716 so here's hoping that the charges add up to more than this and I can get default removed

 

When I calculate charges should I calculate contractual interest here as well??

[jackster77]

HI there was wondering if anyone could help - my main priority is getting my default removed from my credit report and I've been reading quiet a few threads with regard to this and this letter below seems to be the typical way to go

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

however I have a letter from mbna which says

 

06/06/2005

 

account xxxxxxxxxxx

 

further to your recent letter regarding the above account we can confirm that the offer of £900 has been accepted in short settlement of the above account

the offer is conditional upoin payment being received in 14 days from the date of this letter

Upon receipt and clearance of the payment we can confirm that no futher action will be taken to recover the remaining outstanding balance, which will remain registered as a partial settlement with the credit reference agencies for six years

 

Is there any point in sending them a letter asking for a copy of the agreement as I have the letter above - and persume this constitutes an agreement???

and does anyone know how I would request a copy of the original letter I sent them offering them a settlement as I'm pretty sure I offered the £900 as a full and final settlement!

 

thanks in advance

[jackster77]

bump

[jackster77]

hey

have I offended the mbna crew here or something?? I've put up a few posts but noone seems to want to reply :mad:

[jackster77]

MBNA have untill 14th may to reply to my SAR

 

Sent them a reminder letter today along with ID and copy of original SAR and an explanation that I hadn't realised they had my new address etc

 

hope they stick to the original deadline and don't try to fob me of with another 40 days because of the mix up with the address

 

They havn't even sent me an acnowledgement letter

[standingupformyself]

they are real ****s really. They have sent me a certain amount of information, but not all of it, they have gone well past their 40 days too, also they are on about day 22 of sending me a CCA, also very late... No acknoweldgement or anything for that one either.

Hang in there, and keep hassling.... Find some MBNA email addresses, there are a few mentioned on this forum, and hassle (politely) anyone you can... Just don't stay quiet...

[jackster77]

thanks standing up for myself

 

I am going to give them to may 14th when their 40 days are up then start emailing - I have made a couple of phonecalls - which they have recorded (as they are able to tll me when I called them last)

 

have had two conflicting answeres from them

1) they have 28 day turnaround time

2) they have 40 days to respond

 

 

all I wanted when I phones was to ask why they had not even acknowledged my letter is an acknowledgement letter - think I might just send an email re this

[jackster77]

oh boy I am hoping mad now

 

have just phoned MBNA on 0800062062

 

they say they have never received any SAR from me - even though in 2 previous tel conversations they said they received the letter on the 2nd April

 

they have asked me to send in another SAR - I said that I had already sent them in a reminder on may 4th May along with a copy of my original SAR

and they said they will send out a response within 5 working days of receiving reminder

 

should I file for non compliance if I do not receive a full list of charges by may 14? I sent the original and reminder letter my recorded delivery

 

any advise would be greatly appriciated

[dizzy delilah]

I haven't sent a reminder at all - perhaps I should?

[Josie8]

File for non compliance .............the muddle they're in at their end is down to them not you

[jackster77]

hi josie 8

 

yip I'm definately filing for Non compliance - going to give them untill monday then file

[jackster77]

has this happened to anyone ele - I received one page back from Mbna on Sat 12may - all that is on it is a list of charges - no tranactions or anything the total is £1198

 

can someone please help with my prelim

 

I made a partial settlement in June 05 for £900 I still owe them £716 but they are not looking for this money back

 

what I would like to do is pay them the £716 out of the charges - and get the information removed from my credit file - I have looked at surleybonds letters which are excellent - but my circumstances are slightly different as my credit file says - patial settlement not default so if anyone could help draft a prelim letter to incorporate the removal of this I would be very grateful

 

thanks

Jackster

[Josie8]

Well as the amount they owe you is more than the amount you still owed them after the partial settlement I would think that you are home free as far as getting your CRA records amended. Send them the 14 day LBA and add in to it

"Furthermore as the balance you show as my still owing after partial settlement at the CRA's is completely made up of these unlawful charges I am also asking that you amend the CRA entries imediately to show settlement in full and no default."

 

Additionally you should be a wee bit suspicious about the lack of information they have supplied you with.............pursue it they probably haven't got a copy of a properly executed agreement with you in which case they will probably if pursued rigorously by you result in them having to write the 700 + off, amend records and refund you your penalty charges in full. :D :D

[jackster77]

thanks for that Josie8

 

I loooked through the charges and its pretty much two charges a month so I think its ok over limit fee and late fee charge total £50 a month - which is what I was paying them a month

 

I thought that if I sent for a copy of the CCA then if they couldn't produce it then it would have been just a case of them removing the information from my record and me not been able to get back the charges

so thanks for letting me know I can do both

 

will have a good look through the MBNA threads tomorrow - re CCA contractual interest etc - because I think with interest it will bring my claim to over £2000 which rules me out for the small claims court in NI

 

think I'll send of the prelim - and a CCA request

 

thanks again for your response

[glav]

Jackster

 

I too live in Northern Ireland. I did claim CCI on behalf of my hubby's card, charges amounted to £1588, with CCI of £2000 approx. I reckoned that we would try to get them to settle over the telephone as they seem to do, awaiting call back at the beginning of the week. Even if they don't call back (which we will keep pushing for) they have already credited hubby's account with £680, which he made very clear in writing that he accepted as partial payment only. The way I see it three things could happen

• they will settle in full without court proceedings (here's hoping)
  
• they will respond to LBA with further goodwill gesture which will bring claim down nearer £2k
  
• we have to lodge court claim and forego about £900

Worth a try me thinks!!!!

 

glav:)

[jackster77]

hi Glav

 

thanks for that - I was thinking of doing the same re the interest if I don't get a settlement on the phone give up the wee bit extra that goes over the £2000 mark

 

one last question if you don't mind, i had a read through your MBNA thread and saw that you are claiming for compound contractual interest - does this mean that you ask for contractual interest on each charge at a rate for example of 21.9 % then look for compound interest on each charge+ interest

 

I had a look through vamps spreadsheets and the interest at 8% am going to look at some other threads to see how you change the interest to the rate that applies to your card but would appriciate if you knew how to do it you could point me in the right direction

 

thanks alot

[glav]

Jackster

 

I opened a google account, for free, and used Vamp's spreadsheet "Throughout claim with compound contractual interest", I found this the easiest, you change the interest rate to the one charged to you by MBNA, enter your charges in date order and the spreadsheet works out the interest for you. Check out the link below.

 

VAMPIRESS'S CHAMBER

 

If you want to pm me your email address I will send you a copy of my spreadsheet.

 

glav:)

[jackster77]

got the spreadsheet to work

charges = £1098 compounded contractual interest = £1580.63

 

My total claim is for £2678.63

 

prelim will be sent today