CrispDust v MBNA

[CrispDust]

DPA SAR sent 25th May 2006

[surreyscouse]

Well done , sit tight, this will be easy for you !

 

Any estimation on how much you will be hitting them for ?

[CrispDust]

No idea. I've got statements somewhere, probably, but somewhere is deep in the bowels of my loft and I'll get a migraine looking through all the stuff. Much better to let them do the donkey work for £10!

Probably alot as the debt was included in my IVA - all settled and paid in full 18 months ago. Although I discovered yesterday that they have had the cheek to put on my credit record with Equifax that it was only "partial payment" Yeah too damn right because most of the debt was hiked-up unlawful charges!

Little buggers aren't they?

[surreyscouse]

A law unto themselves this lot !

[CrispDust]

Little reminder to MBNA that the 40 days are up on 5th July.

They better get their finger out or its a MCOL for DPA breach

[CrispDust]

40 days expired, LBA sent for 7 days or its MCOL for DPA failure.

[dellydaisy]

Did you chase the dpa up with MBNA??

 

Only want to know as im gonna be in your position soon

 

still no word from our friends at mbna to my dpa.

[surreyscouse]

you can't claim online for DPA failure, you would need to do that in person at the court and remember you can only claim for distress on DPA actions if you have suffered a monetry loss e.g. postage, phone calls etc.

 

Issue the claim but they will file a defence around day 14 but give you what amount you want by way of a good will gesture and that will get rid of your claim as far as they are concerned.

[CrispDust]

soused scurry- why can't you claim using MCOL? Surely the whole procedure is identical, wether you use local court or not?

And how do I know the amount i I don't have the information to work out claim!

[CrispDust]

Well MBNA have failed to provide the info requested under SAR DPA depsote 7 day LBA 10 days ago.

Off to court tommorrow to file papers.

[surreyscouse]

you can only claim for monetry damages online not distress

[CrispDust]

OMFG!!

I don't like using the phone for these sort of things - letter always much more direct and simple but I thought what the heck - gave Gareth T a call today, before submitting Small Claims on DPA compliance. He wasn't in but the lady i spoke to eventually found that the SAR request info/transactions had been sent to an address last used over 5 years ago....

The 3 letters I have sent had my "new" 11 years old address on, clearly headed notepaper. Indeed they even replied to my current address on 23rd June!

Informed nice lady that i would be making a complaint to the Information Commisioner cos they had sent sensitive data to the wrong address.

 

And it goes on...

Returned home (to my "new" current 11 years old address) to find a letter from MBNA saying thank you for the letter of 16th June - yes this is true and "sorry to read of my dissatisfaction with the application of charges" - untrue. All i have done is submit a SAR so I can make a calculation of unlawful charges!

 

And it goes on...

There was some pathetic defence about T&Cs blah blah and then low and behold an offer (goodwill) of £450, credited to my account, plus the return of the £10 postal (enclsoed) order. It then goes on to mention that the credit raised will be forwarded to Eversheds (legal firm I think...) to reduce my outstanding balance.

Couple of eyebrow raisers here:

1. Refund even though I haven't yet asked for it 9it will be more than £450)

2. Credited to my account? the account was closed in 2001...

3. £10 postal order? I sent a cheque. The "returned" postal order was not enclosed as stated.

4. I have no outstanding balance and certainly no arrangement with Eversheds!

 

Looks like they are communicating with me over somebody else's claim.

Any takers?

Account number ending ....7183. Its possible they may have extracted the wrong account number as i did not know it.

[surreyscouse]

what a cock up !

 

I would call michael rhodes pa on 01244 672040 and go mad ! Why aren't they taking your claim seriously ? (well that would be my take) This should get it sorted in no time.

 

alternatively, wait until between 1 + 2 pm when the pa goes to lunch and then call, you may find you get Michale Rhodes answering himself, that's what happened to me a couple of weeks ago

[CrispDust]

Well I received some infomation from MBNA (to the correct address) - just a list of "unlawful" charges - about £500 or so, sort of transferred into a spreadsheet table. Looks "manually" done - can we trust this?

But nothing else.

The letter stated if I wanted a "full" Subject Access Request I would have to let them know and send £10.

 

Doh! - my S.A.R - (Subject Access Request) letter stated quite clearly I wanted all the data they hold on me. And they already have the payment - they didn't return the cheque they said they had in the letter. These people really don't know their a*@e from their elbow do they?

Anybody know what the monthly interest rate for an MBNA carde circa 2000-2001?

Does 2.5% sound about right?

[surreyscouse]

don't you be woring about the interest rate, let mbna work it out and it will come to much more than you think

[CrispDust]

Prelim letter sent today -on hols for past 2 weeks and forgot to post it at airport...

[CrispDust]

As part of my LBA (21/8/06) I sent a revised letter requesting the original amount PLUS contractual interest. This more than doubled the claim

I have received a cheque today for the original amount that MBNA "offered" in the cock up letter (see earlier in thread) - which is JUST charges - no interest of any sort and only 35% of total claim. NO conditions attached. Not even in FULL and Final Settlement". Which is weird.

 

Naturally I will accept cheque in part payment and wait for the remainder.

[TaylorMade]

I'm just about to start with my old 'friend' MBNA, but reading your thread makes it look like they have NO IDEA what they're doing

 

I've got old statements but can't find the new ones, so I'm going to try an open ended (non-date-limited) S.A.R and see what I get back. I'm sure they passed me on to a debt collection agency (Direct Legal and Collections) so I'll see if that information comes back as well.

[CrispDust]

Well nothing so far regarding rest of payment after partial payment cheque received last week.

If nothing in post Monday then MCOL here we come.

[bathgatebuyer]

Good luck with it - I'll be shortly on the heels of you against MBNA too!

[CrispDust]

N1 going into court tommorrow. Too tricky to get particulars of claim in on MCOL.

Look forward to the second cheque....

[CrispDust]

Papers "served 14th September, 10 days an counting until defence must be submitted.

[CrispDust]

Filed for judgement by default today. No acknowledgement or defence filed by the fools.

[CrispDust]

Judgement by default received.

MBNA filed an admission disputing but it was too late. Claimed they had paid everything I'd claimed. Er no check again. What a bunch of f*?$its.

[CrispDust]

And on it goes,

just got notice from court the the judgement was entered in error and has been set-aside.

No explanation as to why it was set-aside.