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

[standingupformyself]

I have tweaked around with Mr Firewalkers letter slightly....I will print this one off first thing in the morning, unless anyone wants to add any constructive comments to amend it...

 

Thank you Dave for your help in this,

 

What does anyone think? Is this ready for posting.....? Which address should I use for this letter and is there anyone in particular that I should address it to?

 

Mrs Standingupformyself

addres**

Account number ***

 

9th July 2007

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 You do not have my permission to start to process any new data and any data already passed onto third parties must be withdrawn and destroyed.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. I have not paid any interest to MBNA since September 2006, but now realize that I have been paying interest prior to this date, when I shouldn’t have done so. The capital that has been borrowed is not, and has never been in dispute. I am sure that I do not need to point out to you, that without a true, executed copy of my CCA we are now unable to ascertain any of the terms and conditions that constitute our alleged contract.

 

Therefore I am demanding the repayment of all such interest taken from 28th April 2001 plus I demand statutory interest at 8% from the date of each charge. I reserve the right to amend these amounts, as I have contacted MBNA, requesting that they send me details of this account back to when I first opened it.

 

This totals to £3316.18 + £843.16 (interest at 8% to today’s date, which is 9th July 2007) Total amount to date is £4159.24

 

I ask please that this money is returned to me by cheque.

I hope to hear from you positively within 14 days of the date of this letter, 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 sincerely,

Mrs Standingupformyself

[davefirewalker]

sounds good to me

 

address should be

 

mbna

customer advocate office

chester

etc

 

it will be on here somewhere

 

good luck

 

Dave

[Goldlady]

:D Go for it Mrs Standing. I will be very interested to see how you get on with this one.

[Josie8]

I have tweaked around with Mr Firewalkers letter slightly....I will print this one off first thing in the morning, unless anyone wants to add any constructive comments to amend it...

 

Thank you Dave for your help in this,

 

What does anyone think? Is this ready for posting.....? Which address should I use for this letter and is there anyone in particular that I should address it to?

 

Mrs Standingupformyself

addres**

 

Account number ***

 

 

 

9th July 2007

 

 

 

Dear Sirs

 

You have admitted that you cannot supply a regulated agreement that documents our alleged contract. Therefore no contract exists or has existed.

 

Therefore you have never had my permission to lawfully 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. I have not paid any interest to MBNA since September 2006, but now realize that I have been paying interest prior to this date, when I shouldn’t have done so. *

I am sure that I do not need to point out to you, that without a true, executed copy of my CCA we are now unable to ascertain any of the terms and conditions that constitute our alleged contract.

 

Therefore I require repayment of all such interest taken from 28th April 2001 . I also seek statutory interest at 8% from the date of each charge. I reserve the right to amend these amounts, as I have contacted MBNA, requesting that they send me details of this account back to when I first opened it.

 

This totals to £3316.18 + £843.16 (interest at 8% to today’s date, which is 9th July 2007) Total amount to date is £4159.24

 

Please forward payment by return by cheque.

 

I expect to receive a positive response to this letter within the next fourteen days. In the event of either no response or a negative response I put you on notice that I will file a claim in the county court for non compliance with the consumer credit act, and I that I will at the same time ask the court to make a declaration that the alleged agreement between us is void. I will also ask the judge to order the return of all monies I have paid to the account.

 

Yours sincerely,

 

 

 

 

Mrs Standingupformyself

 

 

I've made a few suggested changes to your letter for you to consider.

 

I'm sure MBNA are going to just love receiving this one............ :p

[wednesday1867]

Go get em standing All the best.

 

 

 

I still have a question about the level of interest, in the last 6 years youve paid £XXXX in interest and you are now asking for that back, but recently you received your charges back, which is right and you also received £YYYYY back as interest on the charges.

 

So do you need to take YYYY from XXXX for a total interest paid, otherwise they would be paying you twice?

 

Just want clarity as i had an account with MBNA and ill be doing the same, but want to make sure my numbers add up, before i go down this route ive already got charges and interest back, currently pursuing PPI and interest, so i doubt there wont be much interest left to claim

[wednesday1867]

PS Standing im working in Chester tomorrow, want me to pop round and tell em your coming and to get their cheque book out?

[davefirewalker]

Hi wednesday

 

I think you have it wrong... think of the interest what THEY put on the account as a charge for borrowing

 

Standing claimed the charges back which were taken unlawfully. she is allowed to add interest to them

 

The interest on the account is a completely different thing, this is money they have taken from her each month for the priveledge of using their money

 

I think its the term " interest " that you have got confused.

 

rgds

 

Dave

[wednesday1867]

I think its the term " interest " that you have got confused.

 

Dont doubt you for a minute

 

Me being a bit thickie here then

Say Standing has a £100 balance, she misses a payment, which adds £25, new total is £125.

Now interest is added to the balance of £125, to make it easier for me , say interest added is £10, so new balance is £135.

Now what i meant is, if she reclaims the £25 plus interest, the interest would be say £3, new balance of £107. £100 + £7 interest on the £100 balance.

So with no CCA i thought as £3 of the £10 interest applied to the account as already been refunded, she would now only be able to reclaim £7.

Its not that simple is it?

 

How lost am i

Think i should just go back to staring at the wall :D

[davefirewalker]

Hi wednesday

 

I can see the point you are trying to make

 

but

 

She can claim the £25 back. she is then allowed to add interest to that.

 

All she has claimed back is the £25

 

She has in fact leant them £25 so SHE can charge THEM for the priveledge.

 

Look at it another way

 

1. If she claimed all the interest ever paid back eg £nnnn.00

 

2. then claimed all the charges back as wel £nnnn.00

 

she could claim interest on the amount she leant them as interest (1)

she could also claim interest on the charges (2) as well

 

hmmmmm

 

I'm not explaining this well at all am I

 

anyone ?

 

Dave

[wednesday1867]

Ive definately got my wires crossed somehwere

[davefirewalker]

yes

 

youv'e got

 

by jove she's got it

 

 

Dave

[dpick]

Hi wednesday

 

I can see the point you are trying to make

 

but

 

She can claim the £25 back. she is then allowed to add interest to that.

 

All she has claimed back is the £25

 

She has in fact leant them £25 so SHE can charge THEM for the priveledge.

 

Look at it another way

 

1. If she claimed all the interest ever paid back eg £nnnn.00

 

2. then claimed all the charges back as wel £nnnn.00

 

she could claim interest on the amount she leant them as interest (1)

she could also claim interest on the charges (2) as well

 

hmmmmm

 

I'm not explaining this well at all am I

 

anyone ?

 

Dave

 

Hi dave do you mean

 

refund charge + interest applied then charge the bank interest on that total

 

all the best dpick:D

[wednesday1867]

yes by jove she's got it

 

(Gruff Voice) Ahem....................

 

I edited it out

 

I still dont think ive got it lol

 

Its just im thinking im in the middle of reclaiming PPI back plus interest. So with the interest from the PPI and charges, obviously if im succesful in the PPI claim, im claiming back around £3000 in interest alone and from what i now understand i can go back to MBNA as they dont have my agreement and try to reclaim a few thousand pounds more?

 

Is MBNA my own personal cash cow

 

 

Dpick your as bad as me:p

[davefirewalker]

YES they are your personal cash cow go get them

 

get all the interest back (and then charge them interest for the priveledge of having YOUR money)

 

in reclaiming the charges all you are claiming back is the charges.

 

you can if you wish add interest to this

 

what standing is trying to achieve is the repayment of the Interest THEY have charged each month.

 

She is considering each amount of interest as a loan to them, and can charge her own interest on that if she wishes

 

ow....my head hurts

 

Dave

[wednesday1867]

ow....my head hurts

 

 

Now i do understand that

 

Cheers Dave

 

 

Standing i might send this letter tomorrow as well then, 2 pronged attack, we could just take the keys of Chester Towers and lease them back to MBNA what do ya reckon

[wednesday1867]

This totals to £3316.18 + £843.16 (interest at 8% to today’s date, which is 9th July 2007) Total amount to date is £4159.24

 

Just done a spreadsheet in anticiaption of me doing this and i would be reclaiming £4166.60 including interest, thats £7.36 difference :o

[davefirewalker]

you go for it

[wednesday1867]

you go for it

 

 

Theyve only just refunded £3000 to my account.

 

I sent a pre lim for £2500 other day for PPI taken without my authority.

 

And you want me to send a letter for £4000 more :o :o

 

In for a penny in for a pound i spose

 

They surely arent gonna pay all that to me tho are they

[Monty2007]

I am also proposing to follow this approach, with the interest repaid it would essentially bring the account to zero. My CCC can only produce the T&C's for one card and an application for the other. They seem to be in a panic.

 

The issue of the default notice and credit reference agency issue is confusing though, since there seems to be an opinion that by using the card you have agreed implicitly for them to process your data. I agree with Dave that with no CCA you have not given consent as such but I am not sure about this area. Any experts on the Data Protection Act and their implicit rights to process data? Has it been tested or are we in new territory here?

[davefirewalker]

Most of this is new terrirtory......we're making it up as we go along

 

but they are using contract law to process data and to charge interest.

 

If the contract cant be proved then all terms are void.

 

(I would think)

 

Dave

[davefirewalker]

Theyve only just refunded £3000 to my account.

 

I sent a pre lim for £2500 other day for PPI taken without my authority.

 

And you want me to send a letter for £4000 more :o :o

 

In for a penny in for a pound i spose

 

They surely arent gonna pay all that to me tho are they

 

 

jeeeez they are becoming a cash cow arent they

 

 

WHY NOT

 

do they have a contract that will allow them to charge interest?

 

if so where is it ?

 

think about it

 

If you really wanted to (but it would be a brave choice) you could ask them for every penny youve ever paid them EVER !!

 

no contract.... any money they have taken would be unlawfull.....

any money given to you would be frozen by virtue of an unenforceable or void contact

 

but as I said that would be a BRAVE choice

 

Dave

 

Dave

[wednesday1867]

And to think i only applied for a MBNA card for a free scarf at a cold footy match

[davefirewalker]

Sorry standing we seem to have hijacked your thread.....

 

It can happen really easily

 

Sorry

 

Dave

[wednesday1867]

Sorry standing we seem to have hijacked your thread.....

 

It can happen really easily

 

Sorry

 

Dave

 

Ditto

[standingupformyself]

NO!!!! You are welcome. I wasnt online last night, and am really pleased to see the questions and answers that you have all raised.... It makes things clearer for me, and others too I would hope.....

 

Thanks everyone xx