glav's o/h v MBNA ****WON****

[glav]

Hi all,

 

MBNA received SAR on 28 February, have until 9 April to respond. Today received statements (letters signed by Richard Honey, the statements came in five different envelopes) only going back to July 2006, so SAR request most definitely not fulfilled. They credited the £10 fee to the account in the form of payment. I need to contact them urgently to point out that they have not complied properly and that the clock is ticking. They cannot seek identification as evidently they are happy enough when they sent nine statements. Any advice on how to proceed and how to word my response? Do I write recorded delivery or does anyone have an e-mail address for Customer Satifaction? Any help greatly appreciated.

 

glav

[ladybird17]

Data Protection Act - Non-Compliance - Template Letters

[glav]

Hi ladybird,

 

Thanks for the very swift response. On Monday, will send the first template letter as the forty days are not yet up. Much appreciated!

 

glav

[ladybird17]

good luck - we shall be pleased to have you in our MBNA fan club! Have you read the other MBNA theads?

[glav]

Hi all,

 

Just to update, received remainder of my o/h's statements today following non-compliance letter. 40 days deadline up on 9 April so the letter certainly did the trick. In the correspondence it was also stated that it had been arranged that a goodwill gesture of £680.00 would be credited to the account, having totted up the charges now I know why!! Charges total £1617 for last six years. I want to claim contractual interest - not compound contractual interest - as I have to keep in mind the ceiling of £2000 for small claims in Northern Ireland. Is it okay to use the spreadsheet in Vamp's google chamber?

 

I am evidently going to write and accept the goodwill gesture only as partial payment - do I send rejection letter separately to prelim request for charges? Any help and advice greatly appreciated.

 

glav:)

[ladybird17]

I'm not too sure about the spreadsheets, my head always goes into a spin with them! You could search for "contractual interest" & see if any of the threads help you out - or you can pm Vampiress (if she is accepting PM's) she's very helpful.

 

Can you combine the partial acceptance with the prelim letter?

Or perhaps the partial acceptance letter does the trick on it's own?

[empowered]

Hi all,

 

Just to update, received remainder of my o/h's statements today following non-compliance letter. 40 days deadline up on 9 April so the letter certainly did the trick. In the correspondence it was also stated that it had been arranged that a goodwill gesture of £680.00 would be credited to the account, having totted up the charges now I know why!! Charges total £1617 for last six years. I want to claim contractual interest - not compound contractual interest - as I have to keep in mind the ceiling of £2000 for small claims in Northern Ireland. Is it okay to use the spreadsheet in Vamp's google chamber?

 

I am evidently going to write and accept the goodwill gesture only as partial payment - do I send rejection letter separately to prelim request for charges? Any help and advice greatly appreciated.

 

glav:)

 

Hi Glav - am in exactly the same position as you! I sent a SAR (which they have told me they have not treated as a SAR) but have returned listings of charges going back to 2001 and offered a repayment of £506 (how do they get these figures?) Am writing a rejection letter but accepting the £506 as partial settlement and am going to enclose schedule of all charges, plus contractual interest less the £506 and give them 14 days to reply - then put in a normal LBA. Perhaps we can keep each other company!

[glav]

Hi all,

 

Have spent the last 24 hours reading around the MBNA threads, decided to go for compound contractual interest - charges total £1588, CCI £2030, back to april 2001. Brings total of claim to £3600, WOW! Does that sound right? I can always forego the excess should the claim get to court stage. Any thoughts?

 

glav

[ladybird17]

can't comment on your CCI amount -I can do a gazillion spreadsheets & get a different result every time!!

 

But one thing I would say is.....go for it!!

[glav]

Thanks Ladybird for the positivity!!!

I have added the following to the prelim letter - "Further to your letter dated 2 April 2007, I am prepared to accept the goodwill payment of £680.00 on the clear understanding that this is a partial settlement only and that I will continue to pursue the remainder of my claim, with court action if necessary".

If this enough to combine prelim and rejection into one letter? Any thoughts?

glav

[ladybird17]

yes, that looks fine - says exactly what you mean succinctly& positively!

[glav]

Thanks again ladybird, much appreciated!!

 

glav:)

[ladybird17]

you're welcome, looking forward to next installment!

[glav]

Just to update folks. No response from MBNA to prelim letter, so today LBA e-mailed and posted recorded delivery. Think I will give them until end of week and get o/h to phone customer advocate office to see if they are interested in settling before claim time. Bring it on!!

 

 

glav:)

[jackster77]

Hi Glav

 

thanks for the email - I wanted to check your spreadsheet to see how much compounded contractual interest put on a charge - because mine seemed quiet high - but it looks right - looks like we are both singing from the same hymn sheet

 

keep me posted if you decide to ring them - and I'll do the same -

 

thanks again for the email

Jackster

[glav]

Jackster

 

Hubby did ring on 9 May as LBA deadline was up on 8 May. He has been waiting on a call back since, he was told they are working on a two week backlog. He plans to ring again tomorrow.

 

glav:)

[jackster77]

looks like mbna really have their work cust out then:grin:

[glav]

Hi all!!

 

What news I have for you! Hubby rang customer advocate office at 3 pm and was put through to Colin Pugh. Discussed repayment of unlawful charges and hubby remained calm but firm, acknowledged their goodwill gesture of £680 but clearly stated that he wanted all of his claim paid. Mr Pugh agreed to have a look at the figures and assured hubby that he would call him back if not today by tomorrow at the latest. Hubby's mobile rang at almost 6pm, Mr Pugh was offering most of the claim bar £8!!, which of course he said he was willing to accept. Account will be cleared and approx £1460 on way to us by cheque, which Mr Pugh said we will have by next week. Hubby described Mr Pugh as fair and reasonable to deal with. Can't believe it but will not change thread as won until cheque received and cleared in bank!!

 

glav:)

[empowered]

Hi all!!

 

What news I have for you! Hubby rang customer advocate office at 3 pm and was put through to Colin Pugh. Discussed repayment of unlawful charges and hubby remained calm but firm, acknowledged their goodwill gesture of £680 but clearly stated that he wanted all of his claim paid. Mr Pugh agreed to have a look at the figures and assured hubby that he would call him back if not today by tomorrow at the latest. Hubby's mobile rang at almost 6pm, Mr Pugh was offering most of the claim bar £8!!, which of course he said he was willing to accept. Account will be cleared and approx £1460 on way to us by cheque, which Mr Pugh said we will have by next week. Hubby described Mr Pugh as fair and reasonable to deal with. Can't believe it but will not change thread as won until cheque received and cleared in bank!!

 

glav:)

 

Wow Glav - what a result! My LBA letter deadline expires tomorrow so am going to ring them to say that N1 form all ready to send to court and do they want to settle?! Nice to hear that they do talk on the phone but I hope the cheque arrives. Keep us informed and WELL DONE!

[jackster77]

In the words of Victor Mildew - "I DON'T BEEELIEEEVVEEE IT" :eek:

 

only joking

 

what a result GLAV - I will definately be ringing them when I receive a response to my prelim

 

you must be estatic hope you have a nice hol planned -

thanks for all your help and I'll keep you posted on how my future phone call goes

[glav]

Hi all,

 

Received letter today from Stuart Johnson, Asst Vice President:

 

"I refer to your recent complaint and your telephone conversation with my colleague Colin Pugh.

 

We reiterate that we have always set out what our charges are ..............etc and it is our view that the charges you agreed to are fair valid and enforceable.

 

However, as we would like to resolve this matter we have arranged a further goodwill payment of £2972.45 to be credited to your account. This is in addition to the previous goodwill payment of £680 and on the basis that this is in full and final settlement of your complaint. You will appreciate that this does not mean we agree with your complaint. Any credit balances will be refunded by cheque within 14 working days.

 

You may know that the OFT issued guidelines in April 2006 etc etc... You will have received notification of the changes to the terms and conditions, which we expect you to honour."

 

Now we have it in writing I think it is safe to say we have WON!!!!!!!!, although still await the cheque.

 

 

 

glav:)

[glav]

Hi all

 

Cheque received today for £1448, balance of £2k cleared!! YES we really have WON!! Donation on it's way to this wonderful site, couldn't have done it without all the support and advice. Roll on Capital One and Northern Bank!!

 

glav:)

[mcfadzean1]

how long did it take you from start to finish ? i sent an s.a.r on 27/04/07 and got a repely from rachel claridge on 29/05/07 saying goodwill 900 blah blah blah , i phoned them yesterday at the advocates office say thanks but no thanks and come back with a better offer . my claim was for 1836 + 15.9 % intrest which took it to 4922.44 . do you think if i phone again tuesday they might have reconsidered ? any help will be much appreiciated as im in need of the money for my wedding in august

[glav]

Hi Mcfadzean

 

Statements and goodwill offer received 5 April

Prelim letter and schedule of charges sent 9 April

LBA letter and schedule of charges sent 23 April

Hubby rang MBNA 8 May and waited a week on call back

Rang again 16 May and asked to speak to Colin Pugh, who made offer that day on the phone

Letter confirming offer received 22 May and cheque arrived today.

 

Keep at it and you will win!! Good luck and happy wedding planning!!!!

 

glav:)

[xpuser]

Congrats on the win Glav. Can you tell me which spreadsheet you used to calculate the Contractual Interest?

 

I have one created by MINDZAI, however it does state in this one it can only be used for bank account and not credit cards (see notes tab, under the APR calculator section).

 

Does that mean there is a separate one for bank accounts and a separate one for credit cards?

 

Thanks