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taking on mbna


camuser
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Excellent!! :D

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Dear Sir or Madame

Re. Account number: ****

I am writing to request a fully comprehensive list of all the default charges for late payments and over limit charges I have paid over the last six years.

Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my card statements going back six years. I understand that statements on their own are not covered by the DATA PROTECTION ACT 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law.

I look forward to your response within 40 working days, as MBNA is obliged to reply under the data protection Act. If not I shall seek remedy from the Information Commissioner.

 

this is the letter I sent to MBNA it worked with the bank charges I got a full list of statements. Will this be enough for MBNA

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I got this template letter for moneysaving expert before I seen this site. Is the list of charges enough information needed to tackle credit card companys or would i need full statements :confused:

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I would think that a full set of statements would be better and the aboce letter should be good enough for them to send you a set.

 

It may be good to read some of the other MBNA posts just to get a feel as to how MBNA act on this type of request.

PPMAN159

 

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I have been reading alot of the threads the last two days, I'm ready for them. First letter posted 27/03 recieved by recorded delivery 28/03 not sit back and wait I suppose

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Still response from mbna from SAR. I take it that it is normal to wait full 40 days until a response from them and even then it is a delay tactic, should I phone to remind them that SAR is requested to get Bll rolling a bit faster.:confused: :confused: :confused:

 

if so what is best number to ring all I have 0800 062 062 given this by girl from customer support.

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Not sure if the act says that any requests for information should be responded to within the 40 days or whether banks etc have 40 days to reply and can then argue that if they send a reply on day 40 then they have complied with the terms of the act.

 

Maybe a mod can shed some light on this

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PPMAN159

 

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Still response from mbna from SAR. I take it that it is normal to wait full 40 days until a response from them and even then it is a delay tactic, should I phone to remind them that SAR is requested to get Bll rolling a bit faster.:confused: :confused: :confused:

 

if so what is best number to ring all I have 0800 062 062 given this by girl from customer support.

 

Hi, I hate to be the bearer of bad news, but unless you included ID, they will wait the full 40 days then send you a load of useless printouts, a form to fill in and ask you to pay £10. I know, I know.........:rolleyes:

 

They will then expect you to wait a further 40 days. It is shocking but usual practice for MBNA.

 

Don't bother ringing the 0800 call centre idiots. Go straight to the CEO office (number in the stickies). You MUST stick to your timetable. If they haven't complied within 40 days then you need to file an N1 for non-compliance. This will cost you £30.00. They have also started defending for non-compliance, which is absolutely ridiculous.

 

Lets face it, this ID thing is a farce. They don't need your ID to harass you, ask for money you can't afford, send you statements or sell your alleged debt, so why the hell should they need it for SAR? Idiots.

 

Also, send them a CCA for good measure. They are very lax with their paperwork and you might just have an ace in there!

 

Hope this helps!

 

Regards,

 

Corn x:)

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CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Not sure if the act says that any requests for information should be responded to within the 40 days or whether banks etc have 40 days to reply and can then argue that if they send a reply on day 40 then they have complied with the terms of the act.

 

Maybe a mod can shed some light on this

 

Hi PP, the act is quite clear. MBNA just use the most astonishing delaying tactics. It is pathetic really. They have 40 days from receipt of your SAR. They just reply within 40 days and try and twist the law by saying that you have to provide ID (see my post above) and then try and tell you they have another 40 days. They DON'T!!!!! It is absolute poppycock!!!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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Thanks Cornucopia

 

I have no intention of sending ID to them, if 40 days is up then striaght in with non compliance not to sure about this CCA. What is it. I have been with CCCS for about 2 years all creditors stop interest as I was making regular payments most of debt gone. MBNA waied until I got below my credit limit then started charging interest again at 29.9% thus making my regular payment through CCCS their minumum payment which is their interest charges now debt with them at stand still going nowhere.

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A CCA is a Consumer Credit Agreement. Under S78 of the Consumer Credit Act, you can request a copy of your originally executed agreement for £1. MBNA are notoriously lax with this, and if they either cannot supply agreement (they may send you a copy of your application form) or the agreement is not properly executed (i.e., does not contain terms prescribed within the Act) then the debt may not be enforceable.

They have 12 working days to supply this and if after a further calendar month, they still have not complied, then they have committed an offence.

I would certainly recommend sending off a CCA request.

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A CCA is a Consumer Credit Agreement. Under S78 of the Consumer Credit Act, you can request a copy of your originally executed agreement for £1. MBNA are notoriously lax with this, and if they either cannot supply agreement (they may send you a copy of your application form) or the agreement is not properly executed (i.e., does not contain terms prescribed within the Act) then the debt may not be enforceable.

They have 12 working days to supply this and if after a further calendar month, they still have not complied, then they have committed an offence.

I would certainly recommend sending off a CCA request.

 

So would I! If only to keep the manufacturers of pritt stick, play scissors and sticky back plastic in business!!!:grin::grin::grin:

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I have read about various delaying tactics used by the major banks but what MBNA do seems to be the worst.

 

I assume the answer to this is yes but have they been reported to the authorities?

PPMAN159

 

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ah well, if you've got about a year to spare, and like the feeling of hitting your head against a brick wall then do, by all means, complain.

 

On a slightly more serious note, a mass complaint to the FSA(or was it FOS - one of them anyway) regarding MBNA was submitted recently via this site.

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Anybody in similar position, advice needed,

 

Thanks CAM

 

Hi Cam, as the account is in dispute, they are not allowed to carry out any sort of enforcement action until they comply with your CCA. This doesn't, however, mean that they won't as many of us have discovered. You need to hang on tight until your 12+30 days are up. You could, in the meantime, continue to quote the parts of the acts they are not complying with if they continue to harass you.

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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  • 2 weeks later...

Sorry been away for a bit.

Just to keep you's updated, sent CCA on 13 April.

 

emailed gareth.tunnicliffe to remind him of 40 day limit soon aproaching for SAR. no response

Phoned COE got a nice lady :confused: :confused: :confused: who confired SAR request was recieved and would soon be processed. Did not mention CCA to her as I did not want to remind them.

 

Keep the struggle going.8-)

 

Cam

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well done cam.

 

watching with interest :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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Reading some more threads and it appears that this ID request from MBNA for SAR is a bid issue. I have not sent ID nor did I intead to. Has anyone recieved SAR without ID? It's not rquired by law is it? My intention was to ignore ID request and issue N1 is this correct or is it giving them more stalling time?

 

 

Cam

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12 days up tomorrow for CCA request still no response and no response for SAR. What is next step in CCA request write and inform them of their default on not sending CCA or wait 30 days.

 

After 30 days then what? do you contact police for criminal offence has anyone got to this stage.:? :? :?

 

CAm

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12 days up tomorrow for CCA request still no response and no response for S.A.R - (Subject Access Request). What is next step in CCA request write and inform them of their default on not sending CCA or wait 30 days.

 

After 30 days then what? do you contact police for criminal offense has anyone got to this stage.:? :? :?

 

CAm

 

Hi I have been advised that after the 12+30 days they cannot enforce the debt. I am checking what they would have to do to allow them to start enforcement again, IE take you to court or just find agreement etc.

 

good luck dpick:-D

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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