Are MBNA in default of YOUR cca request?

[redsue]

Hi Everyone

Just out of interest, when anyone has spoken to these members of staff, who I understand are really nice and helpful - did anyone mention to Paul or Gareth how they knew these were the guys to speak to? I'm just wondering if anyone had mentioned that they got their names from this forum

I'm anticipating giving them a call in a few days time.

[Glenn UK]

Dont forget MBNA are not your friends, read the link in my post to make sure you get back what you are entitled to and nothing less.

 

They will not unless asked/pressed pay you everythng you are entitled to.

 

HTH

 

Glenn

 

PS Gareth reads this forum and im sure his friends do too.

[dreaddan]

I didnt but I would assume that they would have ppl monitering bords like these anyway.

 

Dan

[redsue]

Hi everyone, sorry if I waffle on but could do with some advice -

We are just about to send our prelim letter to MBNA. Due to them offering settlement (about 40% of charges) and also not treating our S.A.R - (Subject Access Request) as such and returning payment. After a swift phone call today they ask us to write in, hence the prelim letter below.

 

Would it be possible for someone to take a look at this for us before we send it out.

 

We are claiming contractual compounded interest at a typical rate of 16.9% (the card retail rate at the moment is 13.9% but I know it has been higher than this before and of course not supplying us with our S.A.R - (Subject Access Request) request we can't verify the actual rate).

 

 

Request for repayment of charges

 

Dear Sir,

 

ACCOUNT NUMBER: XXXXXXXXX

 

T..................................................standard template letter

 

What I require

I calculate that you have taken £XXX plus £XXX of compounded contractual interest on the sum that you have taken. Total £XXX. The compounded contractual interest rate has been calculated at a typical rate of 16.9% per annum.

 

MBNA has ignored my full data Subject Access Request, dated 14th September, and has chosen not to supply me with the information requested. May I remind you that by law you have until 25th October to supply the necessary information to myself or I shall inform the Data Protection Commissionaire. I have already supplied MBNA with £10 cheque for this information, which you have chosen to return. I do not feel it necessary to send appropriate ID, due to you personally corresponding with me on previous occasions at the above address me regarding this issue.

 

My targets to resolve this matter

I ..........................................................

 

Yours faithfully,

 

 

the bloke who wants his cash back

 

thanks you lovely people out there

[Glenn UK]

Hi everyone, sorry if I waffle on but could do with some advice -

We are just about to send our prelim letter to MBNA. Due to them offering settlement (about 40% of charges) and also not treating our S.A.R - (Subject Access Request) as such and returning payment. After a swift phone call today they ask us to write in, hence the prelim letter below.

 

Would it be possible for someone to take a look at this for us before we send it out.

 

We are claiming contractual compounded interest at a typical rate of 16.9% (the card retail rate at the moment is 13.9% but I know it has been higher than this before and of course not supplying us with our S.A.R - (Subject Access Request) request we can't verify the actual rate).I would recommend that if you want to claim contractual interest you need to think of some logic about the rate you want to use. WIth bank charges its quite logical, in fact id go further, its only logical to apply the unathroised overdraft rate, it isnt as clear with credit cards. I applied the cash advance rate for my account which was 22.4%. The logic is that you have to pick a rate which is applied in similar circustances as if you were taking the companys money without their consent. I am no expert but it seems if we are to argue successfully that we are applyng a rate from the contract under the principles of reciprocity and mutality then we have to try to gety as close as we can in concept at lerast. The actual rate is important to the claimant of course, but i think in legal terms it is the reason you pick the rate that matters more.

 

 

Request for repayment of charges

 

Dear Sir,

 

ACCOUNT NUMBER: XXXXXXXXX

 

.....................

 

.......................................standard template letter

What I require

I calculate that you have taken £XXX plus £XXX of compounded contractual interest on the sum that you have taken. Total £XXX. The compounded contractual interest rate has been calculated at a typical rate of 16.9% per annum.

 

MBNA has ignored my full data Subject Access Request, dated 14th September, and has chosen not to supply me with the information requested. May I remind you that by law you have until 25th October to supply the necessary information to myself or I shall make a formal complaint to the Information Commissioners Office. I have already supplied MBNA with the statutory fee of £10 cheque for this information, which you have chosen to return. (Personally I would omit this bit, its irrelevant since they havent asked for it or have they? if they have it chages the advice i think )------I do not feel it necessary to send appropriate ID, due to you personally corresponding with me on previous occasions at the above address me regarding this issue.)

 

My targets to resolve this matter

 

I.......................................................

 

Yours faithfully,

 

 

the bloke who wants his cash back

 

thanks you lovely people out there

Hope that helps

 

Glenn

[redsue]

Thanks Glenn for the reply, my hubby tried the cash advance rate on the phone after he had been fully briefed about what to say and was dismissed straightaway - but then he would be I suppose (cue light bulb over head)...

MBNA have returned the cheque to us for the SAR and said if we want a full one then we need to send it again with ID - they are treating it as a complaint, which is wrong and just a way of stalling you for another 40 days.

I'll get this letter in the post today and keep you posted... thanks again

[Glenn UK]

Redsue

 

Good luck re the contractual interest i think the overriding argument is what view you think the court will take?

 

I argued that if it goes to court i would let them decide, I also argued that since it was pretty certain the court would find the charges unlawful it was probable that they would agree with me charging the MBNA this rate.

 

I think its a moot point anyway, i would carry on with your procedure sounds like you have it pretty much wieghed off and if it comes to it enter a court claim for the total value.

 

JMHO

 

Glenn

[redsue]

Thanks Glenn, yes I've claimed also from Nationwide and in my particulars of claim - I offered the judge the option of -

a. Compounded contractual Interest (CCI) unauthorised rate 24.9%

b. CCI authorised rate 7.75%

c. Simple s.69

Nationwide have paid out on B - but I'm going after the rest. As you said before it's more straightforward with bank accounts than CC - I'll send the letter out today to them - but I think we are going to go for the cash advance rate - why not eh?

They took the cash off us but just as charges.

[Glenn UK]

Redsue

 

Best of luck if theres anything i can do, just holler

 

Glenn

[redsue]

will do - thanks v much for your help

[melanieh364]

Has anybody got the address of MBNA, I no longer have any paper work at al, i'm not even sure what my account number is now so I hope it will work without it.

[Glenn UK]

Melanie

 

you could look at the sticky at the front of the MBNA forum or try a google for MBNA Europe bank limited.

 

Edit forgot to say welcome to the forum, when you send your request for information give them all the details they would need to identify you, IE address you used when you operated the account, DOB and enclose a recent utility bill or similar for id purposes.

 

HTH

 

Glenn

[redsue]

You could also mention at the end of the letter that you don't want them to treat it as a complaint but as a full data subject access request - thats the whole reason you are enclosing payment for £10 and ID.

[redsue]

Hi all

Just got back £215 which included all charges, interest on all the charges, contractual interest too (oh and at 24.9%).

This was after a long and drawn out S.A.R - (Subject Access Request) nonsense, prelim (they offered £40), LBA (they offered a further £70) I called them back to thank them for the goodwill payments but thought I'd give them one last chance to settle before I proceed with MCOL.

Guess what they did - "what would it take to settle this matter redsue?"

Just give me back what you owe me please

"ok" she said we'll credit your account but we don't agree and we don't admit to doing anything wrong (yeah right)

I forgot to mention to her though that I'm now just going to start the ball rolling for a SAR for charges relating to 1993 until 2000. ho hum

 

keep at it my friends - donation on its way once I've got my hands on the cash

[Bicester1]

redsue

 

Hi.Well done! Like you received partial offer after my LBA, about to tell them no, want it all! Who did you speak to? Do you have a number? I got a letter from a Rachel Claridge.

 

Bicester1

[redsue]

Well I just rang the customer advocate offices on 01244 672628 and I spoke to Nicola and then yvonne. we'll be making another call on Monday as my hubby has one for £700 - good luck

[Bicester1]

redsue,

 

Thanks a lot for the reply I will give them a ring. I am really enjoying this like the man says in "Indpendence Day " "Its payback time!"

 

Will let you know how it goes.

[TINK660]

Lucky you, I phoned on Thurs after sending prelim. They offered 660 after SAR. I spoke to Emma who said they had a big queue which I was in somewhere and that they would deal with it and anything agreed had to be put in writing in case it went to court. So unlucky me - not quite so easy. But will get there in the end

[androobe]

TINK660... they will deal and give you an offer over the phone, but not usually until the LBA is almost up. It has to be at the stage where they are doing it to save the court fees - and they know you're a few weeks away from that yet. Send the LBA at 14 days, then phone them after another 14 and you'll get a settlement.

[redsue]

Yes, my hubby rang up to get his cash and thanked them for the goodwill gesture but he was about to issue his MCOL for the rest and thought he would give them one last opportunity to settle.

The told him to write in which we had done 3 times and generally tried to confuse the issue - he simply said you have all the details and it is not up for discussion anymore - they paid out in full.

He was payed out in full - result

[rob14973]

Congrats redsue well done

 

[TINK660]

I recevied another £890 after prelim letter, but LBA went off same day. SO I phoned to say thanks but still going to proceed with claim for the rest, and LBA has been sent. They told me that they would respond in 28 days so I said I would be sticking to my time schedule which is 14 days before I do MCOL. You cant seem to get to speak to Paul Miney or Rachel Claridge. Should I still phone them after 14 days or wait for their response?

[rob14973]

Yes phone once your 14 days have expired.

 

Rob

[redsue]

thanks everyone - Can a mod change this to WON please - donation on its way

[TUTTSI]

WELL DONE.... great result