MBK vs MBNA...I may need some help!!

[MBK]

Hello everyone,

I fairly new, although I have been reading up for a little while about bank charges.

Anyway I thought it was time to start my own thread and will be posting any progress of my claim. No doubt MBNA will play hardball....and I am expecting a long fight!!

SAR sent on 26 Feb. Signed for on 27 Feb.

[Cornucopia]

Hello everyone,

 

I fairly new, although I have been reading up for a little while about bank charges.

 

Anyway I thought it was time to start my own thread and will be posting any progress of my claim. No doubt MBNA will play hardball....and I am expecting a long fight!!

 

SAR sent on 26 Feb. Signed for on 27 Feb.

 

 

Hi MBK, welcome to the lovely world of MBNA! We are all here to help!

 

Don't be too sure that MBNA will play hardball, you might be surprised. Let's see what happens when you get your SAR back! Keep us posted & good luck!

[MBK]

Hello Cornucopia,

 

Sorry about the late reply....busy daydreaming about a trip I am planning towards the end of this year!!

 

Thanks for the encouragement. I will certainly keep this forum updated with any progess. I found 2 old statements from MBNA yesterday....with charges applied...me not too happy:(

 

oh well....I look forward to claiming them back:D

[intercityman]

It very difficult to understand what going on at MBNA at the moment. They have 3 day left on the Letter Before Action I sent , and they haven't not as of today done anything with it. I preparing to send them a final a further letter giving them 7 more days and in that time I will then proceed to court.

 

Stick to the Step by Step rules thou and you will be ok.

[MBK]

Hi everyone,

 

Got a reply from MBNA today following my SAR sent on 26 Feb. It reads:

 

Dear MBK

Account xxxxxxxxxxxxxxxx

Thank you for your recent communication.......investigating yr complaint.......will provide a full response by 26 Mar 07.

in the meantime....further queries......please call 01244 672628 etc etc.

yrs sincerely

Steve Bailey

Head of Customer Advocate Office.

I am sure this is a standard reply.....what do I do next? Continue with the countdown? (I believe 40 days is up on 7th April). They are stating they will get back to me by 26th March - should I reply/call or just sit tight??

 

any thoughts guys???

[intercityman]

Some people have had success from Calling but in genearl they are not that helpful and will say they have x amount of days left to comply.

 

I guess you need to sit on your hands for the time being.

[MBK]

I think I will sit and wait. I don't really know how much charges they have applied over the years. I would like to see these before I do anything.

 

However once this comes through, I just might call them and try an negotiate.

 

Thanks for your input - much appreciated.

[nick200]

Hi MBK,

 

Phoning has helped some people (i think Kingsmill), but it depends on who you get. I have tried phoning about correspondance to my LBA and 7 day till county court but all I get is "We have 28 days to respond under FSA guidelines" I called FSA and they told me Credit Cards kind of fall under the guidelines but not really and to check with OFT...(currently checking) It seems that when you get to LBA, they seem to not respond at all until the 28 days?!

 

You could try ringing, the worst that will happen is that you get told that they are looking into it and to wait till 26th...but then if you are firm but civil they may speed it up a bit....

 

Good luck!

[nick200]

ps also responded to you on my thread

[intercityman]

My LBA expired today. And was told yesterday I would recieev something today or tommorrow. So I shall let you know how I get on. If this fsa ruling is right ( i am not entirely sure ) then i am wonder what to do next might have to send a lba giving them a further 7 days. Could you show where you found the 28 day ruling on the fsa site.

[nick200]

Thats the problem, MBNA told me that there was an FSA 28 day ruling, spoke to FSA and they would not entirely commit but said it was true but normally they would not be associated with credit cards. So now checking on the web and so far not found it..... .

 

Basically I have done same as you, 14 days for LBA, then 7 days further for LBA and county court which is now up but the 28 days finishes tomorrow so will call and see what their offer is!!

[MBK]

Hi

Be sure to keep us updated guys.....and good luck with the telephone calls!

[intercityman]

I rang once this morning and have sent my LBA 7 Days letter to Steve Bailey. Mr James Doherty reckons it is actually being worked on by a advisor as we spoke, so I said it will arrive by monday then. He said it may. So I have sent the lba give a further 7 days and mention the converstion. I want to be able to have the upper hand when it inevitable goes to the courts stage. I am sure a judge would be intrested to hear about there promise, lies and stalling tactics.

 

I am currently looking into the fsa points of view on timing fordealing with compliants. I am think maybe a letter to the fsa maybe useful just outline current law and how there guidelines contravene what laws suggests.

 

Need to do my homework first.

[MBK]

Hello

 

Here is the lastest.....

 

Was expecting a letter from MBNA end of last week...nothing came. Rang and asked for a callback - nothing.

 

Called them again - now being told that list of charges are to be sent ASAP. In the meanwhile a chq of £500.00 will be sent (separately from the letter). Now call me stupid, but I know my charges are probably more than what they are offering. Secondly why not send the chq with the charges? Could it be a case of 'sign this and agree payment in full and final settlement' etc and then we will send the chq?

 

What do you think - should I request the chq be sent out with the list of charges??? I woud be grateful for any input here.....

 

thanks

MBK

[MBK]

Can anyone online pls have a look at the above post? It is worth calling MBNA and asking for the chq to be sent with the charges (with the view accepting it as a part payment)?

 

I would like to call them before end of business. Any advice pls?????

[redsue]

Don't accept anything until you have seen your charges - I'd want a copy of all of my statements and not just a list of charges - they have shown how underhand they can be - so why would anyone believe their list of charges.

FWIW If they have offered you £500 straight off you must definately be owed a fair few quid.

Are they still within the 40 days deadline?

If so, just sit back and wait then if they don't comply hit them with a N1 or MCOL for non-compliance and add your complaint to the 'Mass complaint' thread here.

[MBK]

Thanks redsue.

 

I suspect they owe me more so I won't be agreeing to anything without seeing a list of charges. That reminds me, when you put in your SAR did you receive your statements or was a list of charges? I am not too sure what MBNA send. I suppose banks find it easier to send copies of statements....

 

40 days will be up on 7 April, however after I sent my SAR they sent an interim letter to say they would respond by 26 March. They didn't, which is why I ended up calling them, hence the offer of £500.

[RFisher33]

Hi MBK,

 

You can bet your bottom dollar that they owe you more than £500 if thats what they are offereing initially. In my case they just added the 'goodwill gesture' to my credit card account and I just persued them for the full amount once they had sent me a list of charges. In response to your question they only sent me a list of charges and not statements. This was fine in my situation but may not be for yourself. I know a lot of people are having all sorts of difficulty with their SAR's at the moment. If you do then their is a thread in this forum to add your details to a mass complaint to the FSA. Its located here http://www.consumeractiongroup.co.uk/forum/mbna/74790-vital-fsa-mass-complaint.html

[MBK]

Hi,

 

I have had a reply from MBNA...

 

Dear Ms MBK

 

Account xxxx xxxx xxxx xxxx

 

We refer to your recnt correspondence concerning default fees on your account. I would like to clarify the situation from our perspective.

 

We have always set out precisely what our charges are in agreement with you, as they are an intregral part of the terms and conditons 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 ver their credit limit, he or she is using the card ina way that is not allowed, in effect obtaining unauthorised borrowing. We, herefore, lend more than we agreed to, and take on risks, which were never acepted in the first palce. In the case of both late payments and overlimit usage, and also where a chq is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with uch defaults of customers overall, 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 agree to are valid, fair and enforceable. Prior to july 2006, term 3b of your credit agreement with us clearly stated that you must pay £25 each time yr payment had not reached your acct within one day of yr pymt due date, or when you exceeded yr credit limit, or a chq was returned unpaid.

 

As a requested, we have enclosed details of yr statement information. On this occasion we have provided the information to you free of charge, as we have not treated yr request as a formal data subject access request under section 7 of the Data Protection Act 1998. Please find enclosed your £10 chq pymt.

 

Shold this information be insufficient for yr purposes, and you wish to make a full data subject access request under the Data Protection Act 1998, please complete and return the attached form, Please ensure you include the fee of £10 and appropriate ID (photocopy of driver's license or passport).

 

We would like to resolve this matter and i have therefore arranged for a goodwill payment of £500.

 

You may know that the OFT issued guideline in April 2006 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 decided to reduce our default charges to £12 with effect from 28 June for late pymts and returned paymts and 28 July for overlimit fees.

 

I enclose a copy of 'Our Commitment to You' leaflet for your information. If we do not hear from you within eight wks of the date of this ltr, we will assume that the matter is closed.

 

Yrs sincerely

 

Rachel Nixon.

 

Now I am a little confused and angry!! I sent the required £10 and used the standard letter from this website. MBNA have sent me a list of charges, but are asking that I sign their 'Right of Subject Access' request slip with copy of my id. My letter to them (taken from this website) is absolutely clear and they know it was a SAR. WHY RETURN MY £10???

Can anyone please enlighten me?

[Cornucopia]

Hi,

 

I have had a reply from MBNA...

 

Dear Ms MBK

 

Account xxxx xxxx xxxx xxxx

 

We refer to your recnt correspondence concerning default fees on your account. I would like to clarify the situation from our perspective.

 

We have always set out precisely what our charges are in agreement with you, as they are an intregral part of the terms and conditons 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 ver their credit limit, he or she is using the card ina way that is not allowed, in effect obtaining unauthorised borrowing. We, herefore, lend more than we agreed to, and take on risks, which were never acepted in the first palce. In the case of both late payments and overlimit usage, and also where a chq is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with uch defaults of customers overall, 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 agree to are valid, fair and enforceable. Prior to july 2006, term 3b of your credit agreement with us clearly stated that you must pay £25 each time yr payment had not reached your acct within one day of yr pymt due date, or when you exceeded yr credit limit, or a chq was returned unpaid.

 

As a requested, we have enclosed details of yr statement information. On this occasion we have provided the information to you free of charge, as we have not treated yr request as a formal data subject access request under section 7 of the Data Protection Act 1998. Please find enclosed your £10 chq pymt.

 

Shold this information be insufficient for yr purposes, and you wish to make a full data subject access request under the Data Protection Act 1998, please complete and return the attached form, Please ensure you include the fee of £10 and appropriate ID (photocopy of driver's license or passport).

 

We would like to resolve this matter and i have therefore arranged for a goodwill payment of £500.

 

You may know that the OFT issued guideline in April 2006 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 decided to reduce our default charges to £12 with effect from 28 June for late pymts and returned paymts and 28 July for overlimit fees.

 

I enclose a copy of 'Our Commitment to You' leaflet for your information. If we do not hear from you within eight wks of the date of this ltr, we will assume that the matter is closed.

 

Yrs sincerely

 

Rachel Nixon.

 

Now I am a little confused and angry!! I sent the required £10 and used the standard letter from this website. MBNA have sent me a list of charges, but are asking that I sign their 'Right of Subject Access' request slip with copy of my id. My letter to them (taken from this website) is absolutely clear and they know it was a SAR. WHY RETURN MY £10???

 

Can anyone please enlighten me?

 

Hi MBK! This is normal MBNA practice, no doubt they have asked you for ID. Write back stating that the £500.00 is in part payment only and you will be pursuing for the rest. Do the following :

 

Ask they why they have not treated your SAR as such, it was clear what it was.

 

Enclose ID (driving licence copy, utility bill, whatever) and ask them why they need ID when they don't need ID to harass you, send statements, sets the dogs on you and ring you and your neighbours up whenever they feel like it.

 

Send back your payment.

 

Fill in the SAR form they have provided. Cross out the bit that says "copy of application form" and replace it with "true copy of the executed agreement".

 

Tell them in no uncertain terms that they DO NOT have another 40 days, because they will try and tell you they have and then stick to your guns and file an N1 when they don't comply.

 

They are idiots!

 

Hope this helps!

 

Regards,

 

Corn x:)

[MBK]

Hi Corn

 

Yes I agree, MBNA are a bunch of idiots.

 

Is there a standard ltr that includes all that you have mentioned? Another thing, i did receive the mentioned response within the 40 days deadline (with 7 days to spare but I did call to remind them). If I do as you have suggested (which I will do) what else should MBNA be sending apart from full payment? Should I expect more than the list of charges they have already sent?

[Cornucopia]

Hi Corn

 

Yes I agree, MBNA are a bunch of idiots.

 

Is there a standard ltr that includes all that you have mentioned? Another thing, i did receive the mentioned response within the 40 days deadline (with 7 days to spare but I did call to remind them). If I do as you have suggested (which I will do) what else should MBNA be sending apart from full payment? Should I expect more than the list of charges they have already sent?

 

Hi MBK, you really need them to comply with a full SAR because some people have found that they have left off charges or chunks of statements when they have "kindly" sent you your "free" statements. It is imperative that you get all information they have on you, including statements and the SAR should contain this.

 

I don't think there is a standard letter, I just wrote in my own usual cross way! The thing is, if you respond now with your payment, ID etc etc, they will decide they have another 40 days and they don't! If you send this, say tomorrow, by recorded, remind them you will be filing at MCOL the day after the 40 days have expired. They are just giving everybody the runaround!!!

 

Good luck!!!

[MBK]

ok - thanks for your quick response. Will get it sorted.

 

I have just re-read their request slip. It says

 

Please specify what you require:

 

1) Copies of statement of Account only (free of charge)

 

AND/OR

 

2) A copy of the original application form only (which u have suggested i cross out....)

 

3) A copy of all personal data held by MNBA, TO INCLUDE THE ABOVE......As soon as we have received a copy of your id nd request fee, we will provide a response within 40 days as provided by the Act.

 

Which box do I tick? I want all info they hold on me, but do not agree that the 40 days deadline (which has already expired) should start again!!

[Cornucopia]

ok - thanks for your quick response. Will get it sorted.

 

I have just re-read their request slip. It says

 

Please specify what you require:

 

1) Copies of statement of Account only (free of charge)

 

AND/OR

 

2) A copy of the original application form only (which u have suggested i cross out....)

 

3) A copy of all personal data held by MNBA, TO INCLUDE THE ABOVE......As soon as we have received a copy of your id nd request fee, we will provide a response within 40 days as provided by the Act.

 

Which box do I tick? I want all info they hold on me, but do not agree that the 40 days deadline (which has already expired) should start again!!

 

Hello again, cross out the app form bit and replace as earlier advised.

 

Tick No 3 for good measure and cross out the 40 days and advise them they have x amount of days. Give them 7 because you are kind and generous! But no more than that!!

 

Keep a copy of this form.

 

Hope that helps!

[MBK]

It certainly does help. Thank u so much.

 

ps - I have clicked on your scales!!