Pabtyf Vs MBNA (A&L Credit Card)

[Pabtyf]

Hi,

 

I'm a little bit lost with all of this, my claim from Marbles went through very easily with minimal haggling and the full amount repayed. But MBNA are a whole different kettle of fish!

I've read up on a lot of the threads regarding MBNA (including the legendary Battleaxe saga!) and am unsure where I should go next..

 

I sent the orignal SAR off 17/03/2007

 

Recieved partial information back on the 4th May (only back to 2003) with letter saying they didn't treat it as a SAR etc. etc. and offering £390 goodwill.

 

Sent copy of drivers liscence and their comleted form back 10th May stating that they had not complied and giving them a further 10 days to (1 recorded delivery & one standard delivery just to be sure).

 

Sent another letter 25th May saying that extending their deadline again by 7 days (am I being too leanient??).

 

Recieved a letter 16th June, with the same set of statements and offering a further £662 (calculated claim as £976 so their offering more.) includes the line: "In regards to your SAR, we are currently dealing with this and your requested information will follow".

 

I have a couple of questions though:

 

I know I have been completely c##p at handling this account, but the minimum payment goes out of my account every month by direct debit. Invariably I recieve a monthly letter stating that the amount has not been recieved etc... I have not had an A & L card for at least 2 years (they stopped sending them) and there have been no purchases on the account since 2003 (still a whopping great balance though!)

 

What should I do next?

Should I just accept the offer and have done, or should I enquire about my CCA as I know for a fact that I have never signed a credit agreement with MBNA! or recieved anything with my new cards (as I haven't had any for at least 2 years.)

 

Help please.:?

[Pabtyf]

Just had a conversation with James Docherty ( 01244-672628 ) regarding my S.A.R (initially sent in March, and followed up with ID and a filled in form in May recieved by them may 14th). they've sent info back to march 2003 (account was opened in 2001).

 

What he had to say was quite interesting, if you mention that you are intending to claim back the fees in your letters they will treat it as a complaint and instead of sending out the complete requested data will generally make goodwill offers instead.

 

I pointed out that they are required to supply the information under the data protection act, and he just repeated the same thing...they treat it as a complaint etc etc. and that he'd speak to someone to get the information sent out!

 

is this a new tactic??

 

I've been trying to work out contractural interest on this card but don't have the balances as they just send a printout of transactions. Is there any way to do it without the balances? Shall I just add 29.9% everyday from the day the charge was made:-|

[ukiainib]

pabtyf,

 

They are in breach of your request, but I do not know if the breach comes into effect if they have cashed your £10 payment or not (may another person can confirm this)

 

Youll need the information from a SAR as it tells you all the information you need, as in interest rates at the time, which might be why they just gave you a print out of the account transactions.

[Pabtyf]

That's what I thought So what do I do next? I've sent of a CCA request today, it'll be interesting to see if that turns up

[dizzy delilah]

Hi Pabtyf, I'm not sure I'd give them any leaway at all. All I got was a list of dates and fees from them after my SAR request (which was all I asked for). My hubby phoned MBNA because we wanted to know the interest rate they charged . It turned out we were on 24.9% from the very first late fee we ever got. I might be tempted to estimate the charges, claim 24.9% (or whatever you think your rate is) and send the LBA. It's then their job to prove otherwise. Good luck, Dizzy

[Pabtyf]

Right then now just got to try and get my head round Vamps CI spreadsheet:confused:

[Pabtyf]

Update: Finally recieved my full S.A.R - (Subject Access Request) today (including my £10 cheque). Unfortunately it also contains my original CCA so no line there:( .

 

I called them today to say that I'm not happy with their current offer, apparently the Defalt Charges team are no longer taking negotiation calls and you have to put it in writing (I was going to anyway) and send it to:

 

Default Charges Team

Customer Advocates Office

MBNA Europe Bank Limited

PO BOX 1004

Chester Business Park

Chester

CH4 9WW

 

(Not sure if that's a new address).

 

Anyways I think I have calculated my interest now (£672.92 not sure if it's right but it's enough:) ) so I'll send them my initial claim and see how it goes.

[pennypenny]

Good luck Pabtyf, you will get there in the end.

I ve just received all my charges plus contractual interest off them today.

They kept sending offers and I kept sending rejection letters until I had the full amount. I had four offers altogether.

 

Penny.

[Pabtyf]

Thanks Penny, good that you got somewhere with them, I'll keep at them till they give me what I want

[standingupformyself]

Good luck, and keep us posted.

[wednesday1867]

I'll keep at them till they give me what I want

 

 

And they will