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    • Hobnail you don't know Elms too well yet. I am surprised that they got as close as they did to adding up to 30. I think the poor dears get confused because most other letters they send out are to give 28 days notice. They even  have difficulty with their two times table and often consult with the char lady to confirm that 2 plus 2 equals 4.  Just act on the notion that they are total numpties and you won't be far out.
    • To carry on from the above post it may be helpful to go through their WS using their numbers. 9] motorists do NOT accept the contract when entering the land. First they have to read it and understand it and then they realise that a] "No stopping" is prohibitive and cannot offer a contract. b] the signs around the bus stop do not mention who issued the No Stopping signs so it could not have been issued by VCS since the IPC CoP states that their signs should include the IPC logo and the creditor be identified.  10]There is no mention of £100 charge for breaching the No stopping request or if there is it is far too small to read even for a pedestrian. 11] no matter how often VCS say it, it is NOT a contractual clause   22]" the claimant has given the Defendant its contractual licence to enter the site". No it hasn't. This is a road leading to the airport. All sorts of people are going to the airport-travellers, taxis, fuel bowsers, airport staff, companies delivering food and drink for each aircraft, air traffic controllers, buses. It is absolutely ridiculous to attribute VCS wth any sort of permissions. The land owners yes, but not VCS . There can be no sort of analogy between a car park and a major thoroughfare where VCS have no place as it is not relevant land.   23] there can be no contract as there is no offer only a prohibition. And it is not relevant land no matter how Mr Walli attempts to prove otherwise. 25] VCS may have won a few times but none quoted was on an airport covered by the RTA and its own Byelaws. They also have lost more cases than they have won using their prohibitive signs. 26] First one has to consider if there is a contract. Is it relevant land? No. Does a valid contract exist betweer VCS and Peel? NO.  27] the signage at the bus stop may show the conditions ie  no stopping, and restricted zone but not the terms ie is there a charge for stopping and who is the creditor. The last section of the sign is illegible  29] already stated that a WS between VCS and peel is not a valid document 31] it will need more than the Claimants feather to outweigh the case against the Defendant no matter who was driving. 32] there is no law of agency involved. This is not a case of employer/employedd relationship. VCS are muddying the waters because they have no way of transferring the driver's liability to the keeper 33] this a red herring. There is no list of highways at all  on the Highways act 1980 so this is a deliberate strategy to debunk the fact that this road is not relevant land. VCS are put to strict proof that it is relevant land not covered by the Road Traffic Act nor by Byelaws. 34] there ican be no comparison between a railway station and an airport. Totally fatuous analogy.  35] yes the landowners can bring in their own terms but what the cannot do is overrule Byelaws and the Road Traffic Act. 39] surely the paralegal cannot be that ignorant of PoFA. If Bye Laws are involved then the bus stop is not relevant land and so the specious argument about FGW is rubbish   36] what on earth is he talking about with Permits. There is no mention of permits on the signage and even if there were  would it mean that Permit holders were allowed to stop on No Stopping roads? There are enough examples on CAG to counter act their idiocy on continuing charging the extra £60   46] VCS had NO reasonable cause to apply to the DVLA for the Defendants details. No valid  contract with the landowners No stopping is prohibitive therefore cannot form a contract the event happened on a bus stop over which VCS has no jurisdiction the signage either does not show that there was a charge of £100 for stopping, or the font size was too small for a motorist to be able to read it  the signage does not show the Creditor which fails the IPC CoP so not valid the WS contract does not appear to authorise VCS to pursue motorists to Court Given all these factors it seems that VCS have breached the GDPR of the Defendant quite substantially and it would appear right that an exemplary award is made against VCS in the hope that they will drop all further cases at Doncaster airport where they are pursuing motorists on non relevant land.   48] what is this guy on? You weren't in a car park you were on a bus stop 59] this case is totally without merit. I am not surprised that the paralegal will not be turning up. Some statements are pretty close to perjury and others are designed to mislead or misdirect. None of the analogies seem appropriate or relevant. Could have been said in at least half the time without the repetition and trying to make a case where none was there. One particularly bad example of misdirection was in the photographs. The Clearway sign shown near the bus stop is very unclear  unlike the Clearway sign two photos before it which may well include terms and conditions. The one by the bus stop is totally different.      
    • just type no need to keep hitting quote...   your defence doesnt need any return of docs.. carefully read what has been posted here and in the other threads i pointed to in your old thread merged here too.   redwood/harwood or STA or brachers.   just use our enhanced google search box.   uni fees is useful too.   this guy is just in front of you    
    • Tech firm CEO Jeff Lawson warns bosses not to make hasty judgements about their employees.View the full article
    • I have just spent last few hours registering and signing up and filling in all the details.   Below is a POC I have drafted.   The defendant is a parcel delivery company DPD (UK) LIMITED On 09/08/2021 the defendant agreed to deliver the claimant's parcel containing a PlayStation 5 Disc Version value £530, to an address in the UK. The delivery fee of £7.79 was paid by the claimant. Parcel tracking number: ???????? Parcel reference no: ????????? The defendant failed to deliver the parcel and have reported it as lost on 20/08/2021. The defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £530 being the value of the item, £7.79 delivery cost and legal fees.        (Sorry for being stupid but this POC is supposed to go where it says    " Claim details Why you believe you’re owed the money: " right? Reason why I'm asking is because I don't see anywhere it specifically says what are your particulars of claim)   Tomorrow being the 15th day, I will be ready to click it off (assuming the POC is ok)    I have read a few more hermes/packlink etc stories where they were resolved and gives me hope I will regain my lost money.  Will carry on reading up as much as I can.  
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MBNA/A&L credit card


pennypenny
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Hi all,

 

I recently claimed my charges back from Halifax and am in the process of claiming from Barclays and my A & L credit card.

 

I sent my SAR off to MBNA for my A&L credit card on 7th March along with my cheque for £10. Along the way I received a letter from them saying they will deal with my "complaint" by 12th April. Well their 40 days were up on 16th April and I'd heard nothing from them, so I waited a couple more days and then sent the non compliance letter off to them yesterday.

Today in the post I receive a letter about how their charges are valid,fair and enforceable but as a gesture of goodwill they will credit my account with £300, but as I am above my limit they will take it of the outstanding balance and not the arrears.

Then they say they have provided my information free of charge (but did not return my cheque,and didn't send statements, just 4 years worth of payments and charges) and they have not treated my request as a full data subject access request!!! WHY NOT!!!!

They then asked me to send a fee of £10 and appropriate I.D. and included a form to send back to them.

I've worked out in the 4 years alone I've been charged £800 so with the other 2 years I'll nearly be able to clear the whole balance.

What I was wondering is because I sent the non compliance letter yesterday should I wait and see if they send the statements or should I send the form back with I.D.? On the form it says I will have to wait another 40 days and I don't want to wait that long again.

 

Thanks in advance for any advice.

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Hi Penny, not sure about the non compliance letter, but i have read a few threads here and they say that MBNA wont treat your SAR request as such without ID, i was given this bit of advice on my thread, it might help,

 

Also, did you include ID? If not, they will leave it until your 40 days are up and then send you some random statements and a letter saying that they have not treated your SAR as an SAR. They will then tell you they have another 40 days......I don't think so!! If I were you, I would follow up with a short note, referring to your SAR, include a copy of your driving licence for example and say that for the avoidance of doubt, you SAR is to be treated as such.

 

Also, stick ridgidly to your timetable, not theirs!!

 

Hope that helps, maybe someone with a bit more experiance with MBNA can be a bit more informative

 

Lee:D

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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pretty much right lee in wales! This is their standard tactic - you could try sending them another letter & do this in one of 3 ways- if you want to be the nice guy, send them a utility bill or similar, remind them that you have already sent them £10(they've probably credited it to your account) and as a"gesture of goodwill" on your part, you expect to receive the information in 7 days, even though they are past the time limit.

 

If you want to play the not so nice guy, write back saying they have had had no problem with your identity prior to this,as they are corresponding with you at your address, you've got the £10 so give me the stuff in 5 days, or if you feel like it, you could write & say their letter advising you they need identitiy has been superceded by your non-compliance letter and you are reporting them, where's my £10, send it back to me and go take a hike.

Then take them to court for non-compliance.

 

Personally, as a long time MBNA battler, I prefer the final option - but the choice is yours!

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I like your style Ladybird:D

I am slowly getting the hang of this MBNA forum, and ive come to the conclusion that there are 2 people to be scared of Ladybird and Cornucopia lol:D

 

sorry to hijack your thread

Lee:D

:)I am not an expert at this, any advice i give is from reading posts on this site, its all in here somewhere :)

 

:) If i have helped please click the scales:)

 

NatWest Settled 16th february 2007----£3902.67 All charges, costs and s.69 interest

 

MBNA- S.A.R - (Subject Access Request) sent 25th March 2007

MBNA missed deadline, LBA for SAR sent 8th May 2007

CCA request sent 8th May 2007

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Hi Thanks for your replies.

Unfortunately I didn't send any I.D. because on my other two claims I didn't need to. So after sending off my SAR I started reading up on the other MBNA threads and realised they do this to a lot of people.

I think I will go with Ladybirds 1st option, i'm not brave enough for the others. Halifax weren't too bad to deal with compared to Barclays and MBNA. I think I've started with the easiest and they're getting steadily worse.

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you go with whichever is the most comfortable for you penny,in the end I don't suppose it will make a jot of difference!

 

Historically MBNA are absolute so and so's in their practices and to deal with.

I really do think that they were completely unprepared for the onslaught, and their staff training must be positively abysmal, so they now have adopted the approach of using every trick in the book to delay and stall while they run around like headless chickens completely at a loss as to how to deal us all. Their knowledge of Consumer Law is about on a par with what I know about Nuclear Geophysics!

 

Good luck - keep us posted!

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Thanks Ladybird

I'm going to send them a letter first thing Monday morning recorded delivery with I.D, saying I will give them a further 7 days as they have already received my £10 and a full SAR.

I actually received a phonecall this morning while I was out and a Mrs Gibson from Alliance and Leicester left a message on my answer machine saying to call her and it was about a letter I had sent her. Maybe she wants to offer me all my money back:) (well I can live in hope can't I)

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Letter was sent this morning recorded delivery giving them a further 7 days for my statements but I won't hold my breath. It seems to me they will try anything to delay sending them, the more I read about MBNA the more the more I dislike them.:-x

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Out of interest...what sort of ID do they need?

 

I'm going to send a photocopy of my drivers licence card...will that do?

MBNA

A&L

BARCLAYS

CO-OP

NATWEST

SAR'S sent 24th April...Come and 'ave some!!!

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They said either a copy of passport or drivers license but I didn't know whether to do just the card or the paper document aswell of my drivers license so I have sent a copy of my passport. I think just the card will be fine cos it has a photo and signature and that should be enough info.

 

Good luck with MBNA they are not easy to deal with.:mad:

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Yeah...that's what i figured...sent them off this morning...

 

All I can do is follow the procedure and hope for the best...

 

Does most of the trouble with MBNA occur becuase they fail to release the info on transactions and charges requested in t the SAR?

 

If so then I have fairly complete set of statements, so it shouldn't be too much of a hassle...or am I missing something?

MBNA

A&L

BARCLAYS

CO-OP

NATWEST

SAR'S sent 24th April...Come and 'ave some!!!

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Yeah I think most of the problems with MBNA are actually getting statements out of them. Most of the threads I've read seem to have had the exact same letter as me asking for I.D.

I don't really know what to expect next but I have heard of people ringing up MBNA at the LBA stage and getting full settlement plus interest. Lets hope thats true. My charges would probably clear my card off altogether:) .

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  • 2 weeks later...

Well, I still havent received my statements off MBNA....:mad::-x

I read somewhere that MBNA took over a & l credit card in 2003 so I was wondering if thats why I received a list of transactions and charges from 2003 to 2007 and non from before that. Would MBNA be able to provide info from before that or would I have to contact A & L for that? I know I have had the card since 1998. I sent the non compliance letter and I also sent them I.D. but they are not replying at all now.

Ohhh they are soooo annoying:-x ......

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MBNA/A&L

 

Hi there - you may be in for a surprise when you receive your statements as I just have - I have never ever seen such downright thievery in all my dealings with credi cards.

 

Firstly, they offerred me a goodwill gesture payment of £337 pounds - they took over 900 off me - next letter is about to be sent.

 

secondly, look at the transactions they charge for - list below:

 

1) Promotional cash intrest charged

 

2) Promotional retail interest charged

 

3) Cash interest charged

 

4) Credit Insurance fees

 

5) Late fee charge

 

6) Unpaid fee charge

 

and so on etc...

 

I worked out from the information provided that my £3500 balance without fees would be around 1200

 

Anyone else had this shock....????

 

Good luck in your fight - they really are the lowest of the low.

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Hi Penny

 

I've only just found your thread, in your first post, you say they didn't treat your letter as a full S.A.R - (Subject Access Request) but provided you with 4 years worth of payments and charges.

 

They then asked you to send I.D.

 

The question you should be asking is: If they are unsure of your identity did they not brake the Data Protection Act by sending you any infomation in the first place???

 

This is a BIG BIG no, no, opening them up to all sorts of trouble.

 

The main point of the matter is, that it is not up to them to decide what is or is not a full S.A.R - (Subject Access Request).

 

My opinion is stick to your original time frame and throw the book at them

lazybones :D

 

All opinions expressed by me are my own personal ones........

If in doubt seek Professional Advice

__________________________

 

MBNA....... S.A.R....Posted..12/3/07

Delivered..13/3/07..Replied..20/4/07-- Incmplete

Non-compliance letter sent...01/05/07

LTSB........S.A.R. ..Posted..14/3/07

Delivered..20/3/07..Replied..21/4/07--Incoplete

Non-compliance letter sent...07/05/07

AL+LE...... S.A.R... Posted..14/3/07

Delivered..15/3/07..Replied..20/4/07--Complete

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Yes I wondered that about the I.D. and they seem to be sure of my identity when they are sending letters or ringing me to ask for money or if I go over my credit limit. I have had the card since 1998 and have lived at the same address all that time so I dont know why they even ask for it. Its obviously just to waste more time.

It is shocking what they charge you. I have got a few of my recent statements and I didnt realise how much it all added up. Over the last 4 years they have charged £844 and I am still waiting for the other 2 years, I dont even know if there is any more charges but I think I will wait to find out.... if I ever get my statements!!!!!!!:roll:

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I have FINALLY received my statements:o !!!!!!!! 71 days after sending my S.A.R.

I have just added it all up and it comes to the grand total of £1126 and thats without interest. I really want to go for contractual interest, so I'm going to have to do some research on that cos it looks verrrryyy confusing:confused: :confused: .

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Well, I've just spent nearly 2 hours filling in my spreadsheet for contractual interest. I hope I've got it right. Does any one know if this sounds about right? I have £1126 in charges and the interest works out at £820.55 which gives me a total of £1946.55 that was at a rate of 24.9%. I hope thats right cos it will pay off my card with more to spare.

I'm gonna get working on my prelim letter and hope to get that sent off today.:-D

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Sent Prelim this morning recorded delivery. Is it worth giving them a ring just before LBA stage to see if they will settle? I've read a few threads where they have settled either just before or after the LBA letter.

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Sent Prelim this morning recorded delivery. Is it worth giving them a ring just before LBA stage to see if they will settle? I've read a few threads where they have settled either just before or after the LBA letter.

 

Hi Pennypenny - yes your figures look OK - after all its the amount they have taken from you over the years but it sure does stack up! I tried twice last week to get them to settle as my LBA time had expired and they were adamant that they were taking 28 days to reply and for me to expect a reply by end of month - so rather than go through the hassle of issuing a court claim, I will sit quietly drumming my fingers! I think they were settling in the earlier days when they weren't so busy but at the moment they are in absolute meltdown.

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Hi Empowered, thanks for your reply.

 

I have been following your thread, hope they pay up soon for you. They do seem to be really busy at the moment (I wonder why:rolleyes: ) but they do seem to be settling around MCOL stage. Good luck, I'll be watching your thread with interest.

 

Penny.

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hi-which spreadsheet did you use to calculate interest-i know you should use a different one for cards to bank accounts-i thought i might use vampires no 12 but i see others have used 13 or 16-help please

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hi Jubaxt, I used vampiress spreadsheet number 12 "throughout claim with" contractual interest, I tried loads beforehand, it took me ages but hopefully I have got it right.

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hi-i tried that one too-get completely different results when you use 13 and 16!?

 

i've got £1100 to claim back over 4 years with crap one-on s.sheet 12my claim goes to about £2000 but with 13 it goes way over-i'm a bit apprehensive about cci incase it goes to court but the extra money would make a big difference

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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