Lemma V MBNA

[lemma1968]

I have had my mbna card for many years...probably about 10 oir so.

 

I was always very good at repaying, doing it via DD to save me being late etc.

 

I then went through financial difficulties and into arrears. Had lots of postcards and phonecalls from them, and even though i offered a reduced payment each month they said it would show on my credit file as a reduced payment. My account also went through a period of time when it was said to be "delinquent" as a result of a number of months where I could not pay at all. I have not checked my credit file (too scared to be honest) to see if there is a default on it but i am sure there must be if my file with them has been marked delinquent.

 

I have now been paying £300pcm to cancel the arrears (which I have now done). I am still paying a set £300pcm which is over £100 more than the minimum payment. My outstanding balance is over £10K. My account facility remains withdrawn and there is no hint of it being reinstated (not that I care too much but I wonder if that fact appears on my credit file as well).

 

I am thinking about CCA'ing them but am a bit anxious about hacking them off so they get nasty with me.

 

Any advice would be welcome, as would be some positive info re successes against these clowns.

 

I know about Wilson v DTI and have printed off a copy.

 

I;m just wondering if it may be asking for trouble to CCA them when I have been such a compliant customer.

[lemma1968]

*bump*

[wednesday1867]

Any advice would be welcome, as would be some positive info re successes against these clowns.

 

Cant mention success regarding the CCA aspect.

 

I had a balance of around £4500 when i went onto a DMP, MBNA dropped interest to 3%, i sent them a sar and in the end i got a £3000 refund to my account. I did CCA them, they told me that they didnt have a copy and i would have to contact HBOS, replied telling them its up to them blah blah blah, i didnt go down the CCA route because as there is no agreement, i can now reclaim PPI as there is no proof i accepted it, which leaves me with a clear account and a few quid

 

When the refund went thro, they said it wouldnt affect my interest rate or my payments. Obviously not paying on a £10k balance is a bit bigger, so this is a win against them, not sure how relevant it is to you tho

 

If i was you i would send a sar and a cca, if they produce the agreement, at least youll get your charges and interest @ 24.9% off your balance so should lower the balance a bit more.

 

A couple of people are going thro the CCA's with MBNA heres a few threads from memory

 

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round.html

 

http://www.consumeractiongroup.co.uk/forum/mbna/90242-josie8-mbna.html

 

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

 

Last one will keep you going a while

[lemma1968]

Did they give you your charges back after a fight or were they reasonable and only battled for a short while?

 

I think I will S.A.R. them as well.

 

Thanks for your help. I have seen from reading some of the posts that MBNA do not usually give up and argue black is white until we are all blue in the face!!!

[wednesday1867]

My claim was a strange one, i sent the sar, i received a list of transactions, the transactions didnt have monitory values on them, so i had to go back asking for a proper list of transactions with numbers next to the charges.

When i finally got the transactions, included in the letter was the paragraph that they were going to pay it all back

Thread is here http://www.consumeractiongroup.co.uk/forum/mbna/84974-wednesday1867-mbna.html

They have never produced my agreement, so it is thought i got them back easier as they dont have an agreement.

You should definately send them a sar for starters and as your on a payment plan and still paying them £300 a month, id send them a CCA as well, im only speaking from expierence tho, got no legal knowledge, just what id do

[animaleyes76]

Hi Lemma,1968

 

I just finished battling MBNA .

 

The SAR part is going to be the most tedious I'm afraid. They are still in total meltdown. I just got letters replying to my SAR (for the 2nd time) despite them having paid my claim a few weeks ago.

 

After that they will make an offer after your LBA, I got the rest when i filed in court (within 5 days)

 

Hang in there no matter how long they drag it out (especially the SAR), you will get your money and there are loads of people on here that will support you (me included)

[lemma1968]

Thanks guys.

 

I'm a bit peed off with them. They have not frozen interest etc so I am just getting my usual monthly credit card statements from them with the minimum payment on the statement and then a note that the "agreed" monthly payment is £300. The total is coming down, but very, very slowly.

 

Thanks for all your helpful advice. I shall SAR them and see what comes up. I'm in it for the long haul already so i may as well see what reductions time will bring me if they do use delaying tactics!

[lemma1968]

Update:

Received a letter from MBNA with letter saying the usual - "Please find enclosed 1. Copy original CCA 2. Terms and Conditions, 3. Copy statement of July 07.

 

The thing is it is NOT my CCA but belongs to some poor chap who lives in Cornwall. It looks like an application form but I have not read it fully cos it contains certain security details such as his name, address, profession, income, MOTHER's MAIDEN NAME etc etc.:o :o

 

What should I do?

 

Clearly they think they have complied....do i send it back,,,or a copy of it back and say Oi!!!

[wednesday1867]

Id say thats a major breach of the Data Protection Act, id be inclined to report them for their behaviour, if you received his, got to ask yourself who received yours

[lemma1968]

Sadly that point is not lost on me and I am a tad worried in light of an increase in I.D fraud etc.

 

Should I write to the poor person whose form I have been sent and inform him? I'm really very unhappy and am stunned that an orgnaisation such a MBNA would allow this to happen...it seems to be qite common though throughout the industry. I am concerned that the number of times it seems to be happening is an indication of the level of disregard these institutions have for their clients.

[wednesday1867]

Im sorry im not more clued up, but i think you could kick up a huge stink for MBNA, bringing into the question of their right to hold a credit licence if they cant even send letters to the right people and to add to the fact the most secret of information they send willy nilly, someone not as honest as you, could and probably would use the information you received for unlawful gains.

 

Id use it as a bargaining stick and after youve won, id then still inform the authorities, this isnt the first time and it wont be the last.

[lemma1968]

Sent them a humdinger of a letter stating how upset I was to receive someone else's details, amd where have mine gone? I was honest, lucky for the chap whose details I received, and could they give to me a written guarantee that none of my personal data has been sent out to a complete stranger.

 

Said breach of Data Protection Act 1998, wanted complaints procedure and was considering a complaint to the Information Commissioners.

 

Also decided to S,A.R them for good measure. Hope it might focus their minds.

 

All agree?

 

Monty and Rory on the DCA sections have been helpful too. Thanks to all and keep all crossed for me.

[lemma1968]

Received a letter today from Rachel Claridge - Asst Vice President that deals ONLY with my S.A.R request and encloses a list of transactions from August 2001 i.e. exactly 6 years but no statements etc as requested. They have not cashed my cheque either.

 

Notwithstanding my letter of the 21st July there is absolutely NO mention or inclusion of:

 

complaints proceudre

CCA

Apology for sending someone else's Application form

 

Nothing at all.

 

Cr*p really.

 

My original CCA request went out on the 9th July and was delivered on the 10th. By my reckoning they have until the 26th August before they are in criminal default.

 

Suggestions everyone as to what my next move should be?

 

I am really hacked off they seem to have completely ignored my letter of the21st July.

[lemma1968]

Well both MBNA and Fredrickson have defaulted on my CCA request.

 

Can anyone point me in the direction of a breach letter please cos I can't find it although i know they are around somewhere?:-?

 

Still no compaints procedure either from MBNA or any apology...knack all in fact.

 

And nothing at all from fredrickson, not even an acknowledgment of my request.

[miss muppet]

Hi lemma, look at Zubo's thread, forum search Consumer Credit Agreements/Resources workshop, loads of template letters on there

[Hopeful1]

Hi Lemma

 

I've been dealing with MBNA for OH's card. i think i am coming close to the end, but i don't want to post any details yet. We didn't receive a CCA but i haven't mentioned it, i've just focused on reclaiming the charges...for now

 

They are fantastic at ignoring you. Dpick posted some e-mail addresses on his thread. I started to send e-mails to each and every one as well as the customer advocate office, i also faxed and posted copies of the letter too. Eventually they get picked up.

 

Recently i have sent a "i've had enough of this, respond by such and such a date or else" and it seems to have worked. Like Wednesday, that may be because they do not have a CCA.

[Woolleykat]

Question? I've had a run in with said MBNA, card ran out end July won't renew due to credit rating, always paid DD above interest, won't consider renewing due to said circumstances, how do you lot get away with it? (Was issued on behalf of A&L who got a dispute with, apparently nothing to do with that)

[Hopeful1]

, how do you lot get away with it?

 

Sorry Woolleykat, i'm not sure what you mean by that. Could you explain?