MBNA admitted no CCA, so I want to claim interest back.... Need help though!

[standingupformyself]

Hi

I have sucesfully claimed back penalty charges plus 24.9% interest from MBNA, I have had the account since 1995/6 but have only got details from 2001 onwards... I am in the process of calculating how much interest I have paid to them over the years..

From this site I have realised the possibility of re-claiming these interest payments back from them, on the basis that they cannot produce a true copy of my CCA, therefore they are unable to prove the terms and conditions that we mutually agreed.

 

Has anyone else sucesfully done this yet? I hope so! If so, I would love to read your threads and seek advice from you.

 

Thank you for taking the time to read this, look forward to hearing from any of you. xx

[standingupformyself]

Total interest £3316.08

[wednesday1867]

Dont mind me subscribing do ya standing?

I have got a question tho, obviously i want to do this too, but you have collected interest on the charges, so would this come off total interest charged?

Reason i ask is, as you know i won too with interest, when i claim back ppi and interest, im thinking there wont be that much interest to reclaim, cos you cant claim back what youve already claimed back or can you?

Good Luck as always x

[standingupformyself]

I am hoping that one of the experts will take an interest Wednesday, cos I really don't know, did wonder that myself.

 

xx

[davefirewalker]

Hi Standing

 

As you may or may not know, I am in the middle of this already as documented on my thread

 

http://www.consumeractiongroup.co.uk/forum/general-debt/84285-ccas-dave-against-world.html

 

Things have gone a little quiet recently...(before the storm i think)

 

Basically put If they dont have or cant supply the original agreement then:

 

1 they cannot prove that their was one

2 they cannot prove how much it was for

3 they cannot prove if it was a VALID agreement

4 they cannot prove that you AGREED to them charging interest

 

plus lots of other stuff they cant prove

 

So.....

 

I would write them a letter saying something like

 

[Name]

[address]

 

[theirname]

 

[date]

 

Account no

 

Letter before action

 

Dear sirs

 

I write with regard to my alleged debt to your company, and your inability to provide me with a properly executed agreement. I would like to inform you that as you cannot provide any evidence of the agreement or any evidence as to its contents I suggest that any alleged agreement is void and unenforceable, and has been since its inception.

 

As such I believe that you have had no right to charge interest on any money forwarded.

 

I therefore request the return of any such interest taken without authority.

 

By my calculations this amounts to £3316.08

 

I will give you 14 days to refund the money to me unconditionally, if after this period you have not replied favourably, I will give you a further 14 days to reconsider. At the expiry of this last deadline I will issue court proceedings without further notice.

 

With the issue of the court proceedings I will also claim the court fee and 8% interest from the date of each charge which will affect the outcome significantly.

 

I hope to hear from you in a timely manner

 

Yours etc

 

-------------------

 

just off the top of my head, may need refining

 

Dave

[davefirewalker]

Dont forget to work out the 8% (or contractual) on the date of each charge

 

Dave

[Josie8]

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

Edited January 21, 2009 by Josie8

[wednesday1867]

Did you send a letter Standing?

[standingupformyself]

Hi Wednesday... how are you?

I haven't done anything yet, cos I have been away on family hols for the week, just got back this afternoon...

I have received some negative information about this thread, basically saying that because I have already received my charges back then that would amount to agreeing to the terms of the CCA......

I am puzzled to be honest, I DO WANT to see this through, but really would like to follow the footsteps of someone who has already trod this path..

I think though that the prelim and lba letter could be sent anyway, whilst waiting for any more experts out there to help me further.

I also intend to follow information I have been given (but cant find yet, but will send you the links) regarding getting all my defaults removed from my file...

I will stay in touch xx

[wednesday1867]

Im good thanks Standing, sorry forgot about your hols, hope you enjoyed yourself;)

Im waiting on 4 cca requestds, all up on Friday, ive sent 2 pre lims, only for a couple of hundred quid, think i may have to hang fire with the charges and go for the no cca

[dpick]

Hi just subscribing I have an old Bank of Scotland credit card now MBNA, for CCA MBNA have supplied copy of original application form??, copy of a microfiche copy of original agreement almost unreadable and current T/C with the prescribed terms on those T/C not on the agreement been advised that at they stand now without producing T/C for original agreement and those T/C have to be referred to in original agreement (IE there is a link between the two) then agreement is irredeemably unenforceable

 

will be watching dpick:mad:

[ony]

51 days and MBNA not provided my original agreement. I was due £2600 via SARS but cant go for that now. Can I/we indeed claim interest back for entire 6 years? How is this calculated, spreadsheet?

 

thx

[Josie8]

Hi Wednesday... how are you?

I haven't done anything yet, cos I have been away on family hols for the week, just got back this afternoon...

I have received some negative information about this thread, basically saying that because I have already received my charges back then that would amount to agreeing to the terms of the CCA......

I am puzzled to be honest, I DO WANT to see this through, but really would like to follow the footsteps of someone who has already trod this path..

I think though that the prelim and lba letter could be sent anyway, whilst waiting for any more experts out there to help me further.

I also intend to follow information I have been given (but cant find yet, but will send you the links) regarding getting all my defaults removed from my file...

I will stay in touch xx

 

In Wilson v Secretary of State for Trade & Industry the law lords stated that though a creditor could not enforce an agreement without a properly executed agreement & then could not sue under contract law, BUT a debtor COULD STILL enforce the agreement (i.e. sue for return of unlawful penalty charges).

 

My understanding of that is that you were entitled to claim refund & now you will be entitled to take the action you were proposing.

 

If you have stopped payments are they adding charges? If so send them a 14 day letter before action reclaiming charges unlawfully applied, refund of interest for that period & refund of all interest charged prior to that plus a declaration of unenforceability from the court with subsequent default removal.

[standingupformyself]

Hi Josie, and thank you for your input.

Situation now is, they have offered charges and CI back, I imagine it has gone into my account by now,,, statement usually dated the 9th of the month so I should be able to tell within a few days.

 

I think it will leave a balance of around £100.

 

I went onto a payment plan with them about 10 months ago, and was lucky enough to have not had any interest charged since then, so there are no further charges going on to the account.

 

You seem to be confident that it is indeed possible to reclaim all interest paid to them.... that is good news. I would love to start this process but to be honest I am more than a little out of my depth with this one!

 

Am I entitled to demand all interest paid since the account was opened? Which was 1995/6, however the SAR only provided me with information from 1991 onwards,

[standingupformyself]

51 days and MBNA not provided my original agreement. I was due £2600 via SARS but cant go for that now. Can I/we indeed claim interest back for entire 6 years? How is this calculated, spreadsheet?

 

thx

 

 

I am pretty sure that your true copy of CCA will not materialise, although you do need confirmation from MBNA that they do not have it.... This they will send in the form of a letter stating that they do not have it but the debt is still valid and enforceable, blah blah.....

 

AS for the claiming interest back? I beleive so, but I am relying on help from others at present! Mr DaveFirewalker (!!) and Josie have both inputted on this thread and they seem very encouraging....

 

I will post anything I find out, in the hope others will benefit too

 

 

xx

[dpick]

Hi standingupformyself you seem to be a little bit ahead of me with MBNA. I have issued proceeding against MBNA for none compliance of SAR(I wanted more than just last 6 years of statement I wanted everything they hold on my account) I have an irredeemable agreement re s127(3) and am looking at reclaiming charges plus ci on charges and all interest applied to account this would clear balance and leave me a very little bit. Will be watching your thread will post on yours if I get anything that may be of use to you.

 

dpick:D

[davefirewalker]

Hi Standing.....

 

I think I may have just lost my mbna loan after some months of research and questions asked on here it looks like my agreement may be irredeemably uneforceable. (I do hope so)

 

but in answer to your last few posts, If they cannot supply you with the cca, it then follows that the cannot prove a contract, or at least the form of contract. That being the case they cannot prove that you EVER agreed to them taking interest.

 

CLAIM IT BACK.

 

I am doing the same with Morgan stanley. just wrote them a letter saying......

 

I dont owe you any money and will not comunicate with you further if you dont like, this take me to court !

 

my plan is for them to take ME to court I can then get this crap agreement sorted and countersue for the interest

 

good luck with your case, I'm sure that you will get everything back

 

rgds

 

Dave

[standingupformyself]

Thanks Dave for the encouragement..... Is your advice literally to send a prelim letter asking for all the interest over the last 6 years back? Even though I received contractural interest back already with my charges...

 

Should I adapt the letter from templates?

 

Thank you x

[davefirewalker]

I'll have to get back to you on that... I'm just on my way out

it s a tiny bit more complicated

 

but as an aside....MBNA have just wrote to me out of the blue and said I can settle the debt for just over £5k......(about £10k oustanding)

 

WHY......

 

they must be rattled I think

 

speak later

 

Dave

[standingupformyself]

Thanks Dave.

I won't do anything until I hear back from you

xx

[Josie8]

Thanks for the reputation points......

[davefirewalker]

Hi Standing

 

It matters not what you have had back as regards charges....and the interest thereon, no matter how it is calculated. they took the charges unlawfully so they should pay them back.

 

what matters is the interest THEY have charged you. They are working on the premise that a contract existed. They lent you money.......and you agreed to pay it back with interest added each month.

 

Now then they have admitted that a contract does not exist, or they cant find it (same thing)

 

So they cant prove that you ever agreed to pay interest, or if you did at what rate. Similarly the same applies to your agreement to let them process your data. It was on the contract.

 

If no contract exists they have no right to have charged interest or to process your data

 

do you follow?

 

Send them a letter along the lines of.................

 

Dear Sirs

 

You have admitted that you cannot supply a regulated agreement that documents our alleged contract.

 

As such I believe that no contract exists or has existed.

 

Therefore I revoke any right that you might have or had to process my data, and to pass that data onto third parties. You do not have my permission to start to process any new data and any data already passed onto third parties must be withdrawn and destroyed.

 

As no contract exists you have had no right to charge interest on any money lent.

 

Therefore I am demanding the repayment of all such interest taken from ddmmyy plus I demand statutory interest at 8% from the date of each charge.

 

This totals to (interest) + (stat interest)

 

I expect the money to be paid as a cheque and not to an alleged account that may or may not exist.

 

I hope to hear from you positively within (time limit) if not I will file a claim in the county court for non compliance with the consumer credit act, and I will also ask for the alleged agreement to be pronounced void. In which case I will ask the judge for the return of all monies paid to the account.

 

I expect a timely reply

 

Yours etc

 

this is work in progress...it will need editing and I hope that some one else on here will pass some oppinions.

 

rgds

 

Dave

[standingupformyself]

Thanks Dave.

I certainly follow what you are saying..In a nutshell, there has never been any doubt that I borrowed money from them, hense repaying money each month to them. However the terms under which this money was borrowed is certainly in dispute, what rate of interest etc....

I definately see the principal of reclaiming all interest paid to them.

 

What do you think my chances are? Will this have to go to court do you think?

 

I am not concerned about them paying any wins back into the account, as I now owe them £106, they have not charged me interest since last September, so demanding payment in a cheque should not be an issue since the accout should be on nil shortly.

 

I look forward to anyone else adding to your letter (if needs be) as I would like to post this tomorrow.

 

again Dave, thank you

[davefirewalker]

I dont think it will go to court.......what would they tell the judge?

 

Judge "how much interest did you agree to charge"

MBNA "I'm sorry but we dont have an agreement"

judge "did she agree to you charging interest"

MBNA "I'm sorry but we dont have an agreement"

 

etc

 

etc

 

btw if you win this (sorry when) there will be NO ACOUNT to pay into !!

 

Dave

[standingupformyself]

I dooooooooooooooo like you Mr DaveFirewalker!!!

I do appreciate the help and encouragement you are giving me.. I think I shall use the letter above, to send off tomorrow..... By the time it is time to send the LBA letter off, hopefully I will have read up enough to put some legalities in

Thank you