MBNA No CCA, Gimme my interest :)

[wednesday1867]

The registered office address is Stansfield House, Chester Business Park, Wrexham Road, Chester, CH4 9QQ. MBNA can be contacted on 08000 922955.

 

Found this one instead

 

On MCOL, it comes up as MBNA International Bank instead of MBNA Europe Bank Ltd, does it matter?

[wednesday1867]

Cant file it with MCOL, not enough room for the POC

 

IVe found the N1, im stuck on wording the Brief Description of claim

 

Is it as simple as "To reclaim all monies plus interest paid to MBNA in relation to Interest they have wrongfully charged me"

 

How brief is brief?

[ony]

Am I right in thinking that as I am asking the court to declare the agreement void and return of all charges/interest paid on it then I to go back to when the account was first opened and not the 6 years used for charges alone?

 

Or should I go for the 6 years now, as I have the statements for those and come back for the rest after MBNA supply with me with all statements?

[wednesday1867]

Suppose it depends on how much longer youve had an account Ony, maybe use it as a bargaining tool with MBNA, say you will accpet 6 yrs, if they dont agree, youll go for the full history.

 

 

How about this for a "brief description" for my N1

 

I asked MBNA to supply a copy of my agreement in conjunction with Section 78 of the Consumer Credit Act 1974. MBNA failed to supply this document. As MBNA have failed to produce my agreement, i now require the account to be closed as there is no agreement, i also require all data MBNA have reported about me to be removed and deleted, again no agreement, no authority to report my data and finally as there isn't an agreement in place, i believe no interest rate was agreed, so all monies i have paid in interest, should be refunded.

[hellhasnofury]

Suppose it depends on how much longer youve had an account Ony, maybe use it as a bargaining tool with MBNA, say you will accpet 6 yrs, if they dont agree, youll go for the full history.

 

 

How about this for a "brief description" for my N1

 

I asked MBNA to supply a copy of my agreement in conjunction with Section 78 of the Consumer Credit Act 1974. MBNA failed to supply this document. As MBNA have failed to produce my agreement, i now require the account to be closed as there is no agreement, i also require all data MBNA have reported about me to be removed and deleted, again no agreement, no authority to report my data and finally as there isn't an agreement in place, i believe no interest rate was agreed, so all monies i have paid in interest, should be refunded.

 

Hello Wednesday,

 

Don't shout at me please, I feel that you are rushing this.

 

Personally I don't think your brief is adequate. truthful, but not quite enough. I am not saying I could do better, these things are not easy. Maybe ask dfw or uniboy or somebody who has done this before for assistance. You will get one bash at this, or if you need to change anything it will cost you.

 

Please don't be mad at me, for saying this. I am trying to be constructive and help

[wednesday1867]

I agree with ya Hell, ive given up on that for now and gone back to the PPI, im about to post the letter for advice on my PPI thread, feel free to offer your opinion, i think it needs work

[wednesday1867]

Ive just found this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

On there, the brief is a lot simpler than i had, as simple and brief as

 

Money claim for return of interest the defendant has applied to the claimants account without an agreement.

 

Ere i dunno :o

[ony]

Suppose it depends on how much longer youve had an account Ony, maybe use it as a bargaining tool with MBNA, say you will accept 6 yrs, if they dont agree, youll go for the full history.

 

Point being, and this may be a bit short sighted of me, but I have had it up to my eye teeth with MBNA; I dont want to bargain with them anymore and waste additional time. I just want to stick it to them for all the 'love' they've shown me. Payback is a b****!

 

In my POC would I, could I;

a) mention that I am claiming back 6 years only and reserve the right to hit them, MBNA, again or

b) specify the claim for 6 years and with judgement in my favour then submit a new claim for the preceding period and now ask for summary judgement based on the earlier court ruling.

 

Are MBNA required by law to supply statements outside the 6 year period in a SAR request?

 

Thx

[steven4064]

Under the DPA they should supply you with ALL information they hold on you - there is no time limit.

 

You are probably wise to seperate the pre and post 6 years stuff - they are different arguments. The post-6 years stuff is just contract penalties and that is (fairly) straightforward. Pre-6 years you have also got the Limitations Act to contend with so you would not be able to go for summary judgement.

[ony]

I think the various cases that have been decided over the last couple of months indicate you can claim

 

a) charges

b) interest levied on those charges

c) interest on both a) and b) to compensate you for the bank having you rmoney

 

c) is discretionary - I think you should claim compound at a typical authorised borrowing rate but give the court the option of giving you s69 instead.

 

Just to clarify on calculation is that:

 

2001 (charges 2001+interest 24.9%)*14.9%=Total 1

2002 (Total 1+ (charges 2002+interest 24.9%))*14.9%=total 2

2003 (Total 2 +(charges 2003+interest 24.9%))*14.9%=total 3

 

Or

total value of charges +interest for 2001-2007*14.9%=Grand Total

 

[charges + interest calculated using the charges spreadsheets]

 

I'm assuming option 1

[wednesday1867]

I thought it would be

 

Charges + 24.9% + 8% stat

 

But to be honest my mind is a blur

[ony]

Thus, IMHO, what you should claim is:

 

a) charges

b) interest levied on those charges by MBNA at 24.9%

c) i) interest on BOTH at 14.9% (to replace the money taken from you, using Sempra as precedent)

ii) if the court won't wear that, then 8% compound (again based on Sempra)

iii) if the court is REALLY mean, 8% s69 interest

f) costs

Post

 

I thought it would be

 

Charges + 24.9% + 8% stat

 

But to be honest my mind is a blur

 

 

I hear you . Post 99 by Steven is my source. As he advises go for 14.9% but leave the alternative to go for 8% + as I read an additional 8% statutory.

[steven4064]

In wednesday's format my 3 cases are:

 

i) (Charges + 24.9%) + 14.9% conpound

ii) (Charges + 24.9%) + 8% compound

iii) (Charges + 24.9%) + 8% simple

[wednesday1867]

So i can add 8% on top as well?

 

This is just going up and up and up

 

Can anyone get any of vamps spreadsheets up? I cant

[ony]

In wednesday's format my 3 cases are:

 

i) (Charges + 24.9%) + 14.9% conpound

ii) (Charges + 24.9%) + 8% compound

iii) (Charges + 24.9%) + 8% simple

 

Steven do excuse my question but I'm still to get my head round the proper format for calculation.

 

Is that total charges + interest+14.9% compounded over 6 years. So in my case with total charges and interest from calculator of £2700 thats £2700*14.9% =£243 [YR1]. (£2943)*14.9%=£438 [YR2], (£3381)*14.9% etc.

 

Or yearly total charges+interest*14.9% compounded over 6 years.

 

thx

[steven4064]

You really need to use a spreadsheet because it needs to be done charge by charge and compounded on a daily basis.

[wednesday1867]

You really need to use a spreadsheet because it needs to be done charge by charge and compounded on a daily basis.

 

 

Thats what im trying to do, but Vamps's spreadsheets arent working

[steven4064]

Ah!

[wednesday1867]

Ah!

 

Guess they aint working for you too?

[steven4064]

I've not tried - I just assumed they would be. I'll look into it.

[wednesday1867]

Thanks

[ony]

I've not tried - I just assumed they would be. I'll look into it.

 

Thanks

 

Ditto

[wednesday1867]

I want to get the letter off about the PPI, but im still unsire of this paragraph

Quote:

I confrim that the terms and conditions of the policy state if payments are not maintained, the PPI will be automatically suspended. I understand that you are concerned that on the occasions that your account has been in arrears, you have continued to pay premiums for a covere that was void. I confirm that that when the cover is automatically suspended, the premiums also stop. When payments are again maintained, the cover reinstates and premiums recommence. I have enclosed a copy of your XX statement which shows that as your account was in arrears, no PPC premium was charged.

 

DOes being over the credit limit mean arrears?

Or is just months when i didnt pay on time?

 

Hoping to get the letter off this week

[M.Willows]

Hi Wed

I would of thought that when you were in arrears of the payment due , not over your limit, anyone else?

[steven4064]

I agree with MW