Paddywack41 -v- MBNA

[Paddywack41]

Just a quick start to let people know the background to this claim. I had a MBNA card from around 2000 - 2004. As par for the course with MBNA they started with a low credit limit and before long it was up to £5000. As I was in financial diffs at the time I quite stupidly used up the limit and was then constantly hit with charges which I was never able to pay.

 

Again stupidly as I am sure many people have done I tried to buy my head in the sand but things just got worse. Eventually after having the debt passed to DCA's I eventually managed to get it paid off (Unfortunately some of my others still exist...but at least i am paying them off slowly).

 

Now i feel it is time to start hitting back. I know I am responsible for part of my predicament but I think it is time that the Financial Institutions started to pay a little for their part in getting me into that predicament as well.

 

I will obviously keep everyone informed on this thread on how it is going.

 

29 May - SAR Sent

[wednesday1867]

Paddy, similar situation to me, i was always over my limit and paying late, got to the stage i was paying above the minimum payment and my balance was still going up, not coming down

 

Have you thought about sending them a cca request? To see if they have a copy of your original agreement?

[Paddywack41]

Hi Wednesday - CCA Request? Apologies but what is this? I really must get a list of abbreviations somewhere.

 

I do have a copy of their terms and conditions from around the 2002 mark. As I discovered them on the back of one of their old documents that I found when trying to find the old account number.

[wednesday1867]

CCA is Consumer credit agreement, or at least i think it is

 

Theres a template knocking about, its just a request to receive a copy of your original agreement, the one you signed, should also state a few other legal things too.

 

They have 12 working days to send it to you after receiving your request, if you havent received it after those 12 days, the account is then in dispute and you can stop paying them.

 

If they still havent produced it after a further calendar month, then they are committing a criminal offence.

 

I think i took my card out with them roughly round 2001, i could be wrong tho, gave me a free scarf at the footy on a cold day for applying, never in a million years thought theyd accept me....

 

Anyhow as per my thread, they have told me they havent got my agreement, someone else should have it, so at the minute i dont have to pay them, i am doing, but i will be telling them its a "goodwill gesture" until the time they commit the offence, then its no more money for MBNA.....because the debt becomes legally unenforcable.

 

 

Have a search for CCA or have a look at these threads give you more of an idea.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/82492-cca-agreements-mark-ii.html

 

[url=http://www.consumeractiongroup.co.uk/forum/general-debt/82492-cca-agreements-mark-ii.html][/url]

 

http://www.consumeractiongroup.co.uk/forum/mbna/72811-mbna-properly-executed-agreements.html

 

 

Theres some good reading to be done there, the second one is where i started, so similar to a sar, a cca request costs £1, but if they cant produce the agreement, you dont have to pay them.

 

To be honest, i probably dont describe it best, but check those threads out and see what you think.

 

All the best

[Paddywack41]

Slight update as of 18 June - Recieved a letter from MBNA to say they had recieved my complaint (obviously just the standard letter as the SAR isnt so much a complaint as a request for my statements). They say they will respond to my "complaint" by 4 July. Slightly outside the 30 day limit for the SAR but I can forgive them the few days....unless of course the 4 July slides.

 

On a side note they havent yet cashed the cheque for the SAR - Not that I care its only a tenner and well worth it to get a dig in at them for a change.

 

Will try to keep these updates coming to give as others have done a full history of the case.

 

Onward and Upwards.....

[xpuser]

Good luck paddywack41, hope it all works out well for you.

[dizzy delilah]

Hi Paddywack41, MBNA didn't cash my cheque either, and I didn't have any problems getting list of fees, so I think I've been lucky so far. Mind you, their 14 days for my prelim are up on 25th June - and I haven't even been worthy of a letter from them...I just got my list sent through in an envelope and haven't heard anything since.

I think I might complain about that....

Good luck with your claim!! Dizzy

[Paddywack41]

Update and a bit of advise needed:

 

Pretty much on the button MBNA sent me a list of my charges from 01 - 04 (when the account got sold on). Along with this I got what I assume is the standard letter stating that their charges are valid, fair and enforcable...bla...bla...bla.

 

Now here's where the questions start (I apologise now because I am sure that the answers are simple and out there in the forums but there is just so much to wade through).

 

1. They have stated in my letter that "in order to end matters in this case they have credited my account with a payment of £200.00" and "As this account has been legally assigned to Link Financial, due to the fact that you defaulted on 3 September 2003, we have contacted them to request that the goodwill payment is removed from your remaining balance". Now having used one of the spreadsheets to work out the amount i have been charged it comes to £494.00 (This does not include any interest charges). Is there any standard letter that I can send to say thank you but no thank you.

 

2. Assuming that I get the above letter, is the next stage the prelim letter? And if so do I include interest in this letter? I think one of the guides says "not at this stage" but the prelim letter I found seemed to have a space to include interest (but maybe it was the wrong letter!)

 

3. Lastly (Im sure your getting bored already), what is the interest rate that I should be putting on these charges...they are all Overlimit fee charges and Late Fee Charges. On the excel spreadsheet that I got it has interest calculated at 8% but i think i have seen elsewhere higher amounts used. Im afraid maths, interest rates and such is not my speciality and may explain how i got into this mess in the first place.

 

As always your help is invaluable and eagerly awaited.