Intrigued v MBNA

[Intrigued]

Hi All,

 

Been trying to take on MBNA without having to ask too many questions on here but I'm a bit confused about CCA's and sending a £1 Postal Order etc so any help would be greatly appreciated .

 

Sent S.A.R - (Subject Access Request) to MBNA, got paperwork back after about 3 weeks (bit shocked as many people on the forum seem to be having a nightmare getting hold of them) with an offer of £160 as full settlement and this was credited to my account.

 

I amended one of the Template letters to decline the offer that this would be as full settlement, accepted it as part settlement and asked for the remainder of the £640 worth of charges (with contractual interest added).

 

The bottom of the template letter reads:

 

'If you dispute that I am entitled to a refund of these charges, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action'.

 

'If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect.'

 

 

 

This is where I'm getting confused.........

 

1. Is that request a CCA request?

2. Did I need to send a £1 Postal Order?

3. Do I need a CCA request for Credit Card charges? (account is not in default or DCA etc).

 

Just one more..........!! - MBNA have not replied to the above letter (been 20 days) so am I in a position to send them the LBA now?

 

 

Thanks in advance!!

 

Intrigued

[wednesday1867]

'If you do not respond, or you do not respond positively, within this time period, I shall send you a Letter Before Action giving you a further 14 days in which to reflect.'

 

 

Youve sent a pre lim saying MBNA you owe me X in unfair charges, the above paragraph is telling them, that if they dont respond positively within 14 days, you will send them a LBA giving them a further 14 days and if they still dont respond, meaning pay up all charges, you will then start a county court claim.

 

A CCA request is totally different, with a CCA request, it costs a £1 and you are asking MBNA to provide you with a copy of your true executed agreement, the agreement they supply should contain a number of different things. With a CCA request, they have 12 working days to supply it, if after 12 working days they cant supply it, then the account is in default and you dont have to pay them anymore, if after a further month at the end of the 12 working days, they are still to provide it, they have committed a criminal offence. Which all means the debt to them is there, but they cant make you pay it until the agreement is found, if after 12 working days and a further month, they would need to take you to court to enforce the agreement, which they are unlikely to do, cos it would mean admitting the criminal offence in a court room.

 

Now the key point here is, do your charges cover your balance? If so, reclaim charges and clear the balance. If the charges dont come near your balance, try for the CCA, if they cant provide it and depending on when you took your card out, they may or may not, if they cant, then you dont have to pay them.

 

Hopefully i kinda explained it for ya :)Maybe someone with more knowledge will put me straight if im wrong on anything

 

By no means am i legal whizz, this is what ive picked up from reading a lot on here and you will too, just got to read read read and then maybe read some more

 

Have a look at these threads, a lot of reading but interesting.

 

http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

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

 

Edit

 

If its been 20 days since you sent it or they received it, i would send an LBA, keep pushing them

[Intrigued]

Many Thanks Wednesday1867.

 

LBA sent Recorded Delivery 1st thing this morning (already had it printed!!).

[wednesday1867]

No worries, ill try and guide when i can, not clued up legally, but can speak from expierence ( i hope )

[Intrigued]

Hi Everyone,

 

MBNA have ignored my LBA aswell so filed a claim via MCOL yesterday.

 

I've just been reading the following on the OFT site:

 

The Office of Fair Trading: Questions and answers for OFT test case announcement 26 July 2007

 

 

Section 11 mentions a 'waiver' can be issued meaning the banks don't have to handle any charges complaints..........

 

 

Have I just wasted £80 in Court fees .......

[lemma1968]

As far as I am aware, it does not apply ro credit charges - its about overdrafts and charges. I am sure if I am wrong I shall be corrected.

 

Have a look at the MSE website as well as this one for further info.

[subsys]

As far as I am aware, it does not apply ro credit charges - its about overdrafts and charges. I am sure if I am wrong I shall be corrected.

 

Have a look at the MSE website as well as this one for further info.

Hi all,

I would also like to know if the anouncement covers credit card charges?

[Intrigued]

Thanks lemma

 

Been reading the Banks involved own take's on this, Lloyds TSB FAQ's (link below):

 

Lloyds TSB - Answers to questions on bank charges

 

 

The 2nd Q / A from last clearly states that the test case AND suspension applies to unauthorised overdrafts, NOT Credit Cards.

 

 

Fingers Crossed........

[Intrigued]

Hi All - HELP!!!!!

 

I seem to be invisible to MBNA as far as claiming is concerned, although somehow they still seem very able to get statements to me on time.......

 

I submitted a claim through MCOL and tomorrow will be 15 days from the 'served date'.

 

I have not heard a thing from MBNA, but am now worried I've messed up (been trying so hard to read posts to get this right!!).

 

I was expecting a defence letter off their legal people so that I could then send them back a list of charges and interest etc.

 

1. As I've have no idea who to send it to, what am I supposed to do now.? :-?

2. If I click on the default judgement, will MBNA get this overturned by saying they have not had a list of charges (even though they have been sent with both the Prelim and LBA)?

[dpick]

Hi All - HELP!!!!!

 

I seem to be invisible to MBNA as far as claiming is concerned, although somehow they still seem very able to get statements to me on time.......

 

I submitted a claim through MCOL and tomorrow will be 15 days from the 'served date'.

 

I have not heard a thing from MBNA, but am now worried I've messed up (been trying so hard to read posts to get this right!!).

 

I was expecting a defence letter off their legal people so that I could then send them back a list of charges and interest etc.

 

1. As I've have no idea who to send it to, what am I supposed to do now.? :-?

2. If I click on the default judgement, will MBNA get this overturned by saying they have not had a list of charges (even though they have been sent with both the Prelim and LBA)?

 

You will probably not get any response from MBNA to yourself, I issued court proceedings for S.A.R - (Subject Access Request) none compliance and they just sent out required info in full and entered a late defence.

 

With charges when you did mcol you should have sent 2 copies of your schedule of charges to the court and the court would have forwarded one copy to MBNA. MBNA should still acknowledge your claim to the court even without list of charges as you can still get judgement by default if they don't acknowledge the claim. I would check with court office if you have not sent schedule of charges.

 

all the best dpick:)

[Intrigued]

Thanks for the words of wisdom dp,

 

MBNA have now entered into a last minute defence.........

 

What happens now??

 

1. Does this mean we both need to go to court to let the judge decide on the outcome?, how long does it usually take before we attend court?

 

2. Should I send the court (MBNA's) schedule of charges, if so, which court, the Moneyclaim one or do I wait until it's assigned to my local one?

 

Thanks

[dpick]

Thanks for the words of wisdom dp,

 

MBNA have now entered into a last minute defence.........

 

What happens now??

 

1. Does this mean we both need to go to court to let the judge decide on the outcome?, how long does it usually take before we attend court?

 

2. Should I send the court (MBNA's) schedule of charges, if so, which court, the Moneyclaim one or do I wait until it's assigned to my local one?

 

Thanks

 

Hi the court will send you a letter detailing what you are required to do next any problems just post but for unless you get an offer from MBNA just wait for the court to write to you

 

dpick:)

[Intrigued]

Thanks once again dp.....

[Intrigued]

Hi Everyone,

 

Been away for two weeks, just got back to find a lovely letter from MBNA stating that they don't agree blah blah blah - but the full amount and interest has been refunded to your account.......!!!! :o yippeeee .

 

 

What do I need to send to the court to stop the court process and do I need to send a copy of this letter to MBNA ??.

 

 

Finally.........

 

Thanks to everyone who has helped me along the way, very much appreciated .

 

How do I changed this post to WON !!

 

And how do I make a donation ??.

[standingupformyself]

Hey! Not sure about the court question, but congratulations... another MBNA slayer

[thelightbrigade]

Well done!

Did they pay Contractual interest?

[Intrigued]

Thanks,

 

Yes they did pay contractual interest - Go for it !!!!!

[dpick]

Thanks,

 

Yes they did pay contractual interest - Go for it !!!!!

 

Another win for the members of the MBNA get stuffed club. WELL DONE

 

dpick:D