MBNA No CCA, Gimme my interest :)

[steven4064]

It looks like Vampiress' spreadsheets have disappeared. I'll keep tryingto find out what happened. In the meantime I have put together a quick spreadsheet to do the calcs. (Health Warning - it is not very user-friendly and it has not been thoroughly tested - however, I would like your opinion). It does the calcs on a monthly basis rather than daily (you'll see why when you look at it) but that is a good approximation since card companies add the interest monthly (although they calculate it daily I think)

[wednesday1867]

Hi Wed

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

 

Yeah thats what i would think in normal circumstances.

 

I seem to remember tho, on MBNA statements, when i was over my limit, it would say your account is in arrears by X and requires payment now, blah blah blah, or something along those lines.

 

Anyone got a statement on a month they were over their limit and can confirm if it says anything like that?

 

Thanks

[wednesday1867]

Can i ask again regarding the application form they sent me.

 

Date of application 1974

 

Signed by me 2002

 

Its an obvious genuine mistake, but does it affect it at all if so in what way?

 

Thanks

[steven4064]

But how has the mistake arisen?

[wednesday1867]

I dont understand what you mean?

 

The girl who filled it out, dated the application 1974, which is the same as my birth year, so she obviously got mixed up, probably taken aback by my boyish good looks . ( Only Joking .........unfortunately )

[steven4064]

In that case the mistake is onvious - you are not allowed to take out a credit agreement if you are under 18! I would suggest that it shouldn't affect anything but it would be worth drawing attention to it to make sure.

[wednesday1867]

How we all doing? Gone a bit quiet lately

 

This post is just to set out the facts so far. Im gonna fill the N1 in today and do all spreadsheets, so if there is any mistakes, i or we can iron them out, |£250 is a lot to pay, to then realise ive made a balls of it

 

Situation so far:

 

CCA'd and S.A.R - (Subject Access Request)'d MBNA

 

MBNA have repaid all charges and interest in association with the late fee's and over limit fee's

 

MBNA have failed to produce any documentation in relation to my CCA.

 

With no agreement i am also reclaiming PPI. In my complaint about the PPI, MBNA provided the Application Form, ive posted pictures of it already on this thread.

 

As MBNA have not supplied any agreement, ive sent letters informing them of ceasing payments and my intention to take them to court for repayment of monies paid in interest. Nothing received in reply.

 

Im still unsure on which way im going to calculate interest on the wrongful interest charges . Obviously i want the easiest argument but with the maximum reward I understand Sempra might be dificult to argue. So i think i will go as follows.

 

Calculate all Interest ive had levied against my account for interest

 

Use Vamps spreadsheet to calculate the charge plus interest @ 24.9%

 

Then add each individual charge and individual interest together and then put that into a spreadhseet to calculate 8% which as im going to court i believe i can. So as an example

 

Interest Added £3.28 Date 01 May 02 24.9% interest £4.29 Total for that charge £7.57

 

So then put £7.57 in the 8% spreadsheet for 01 May 02, interest =£3.18

 

So total to reclaim is £10.75.

 

Is this the proper way to do this?

 

I will be having another think today about the Particulars of the Claim too, im just a little disheartened by the lack of response from MBNA, maybe nothing will kick in til they realise i havent paid

 

This is what ive got so far for the N1

 

Brief Description of Claim

 

MBNA have failed to produce any kind of agreement in response to my request under Section 78 of the Consumer Credit Act 1974. As no agreement exists, this claim has been raised to have the alleged account ruled unenforacable, then to have all data removed from the Credit Reference agencies and all monies wrongly paid in interest payments returned. (Not very brief....)

 

Particulars of Claim

 

1.The claimant made a request dated XX/XX/XX in accordance with Section 78 of the Consumer Credit Act 1974 for a true copy of the original exectued agreement for the alleged account XXXXXXXXXXX. The defendant has failed to supply any kind of agreement.

 

2.The Defendant has failed to produce any agreement that complies with The Consumer Credit (Agreements) Act 1983 (as amended)

 

3. Under Section 78 (6) of the Consumer Credit Act 1974, if the Defendant cannot supply this information within the prescribed time they may not enforce the agreement and if the default continues for one month further, they commit an offence.

 

The Claimant Claims:

 

4. As no proof of contract, and no proof of any contractual terms actually exists between the parties, that the agreement must be declared void.

 

5. The removal of the account data and any defaults or negative markers registered with all Credit Reference Agencies

 

6. As no proof of contractual terms exists that allowed the creditor to charge interest then the Claimant asks for the return of all interest paid to the account, namely the sum of £XXXX

 

7. Interest on the wrongly paid interest at MBNA's own rate of 24.9% giving a total of £X,XXX

 

8. Interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% a year, from XX XX XX to XX XX XX and also interest at the same rate upto the date of judgement or earlier payment at a daily rate of £X.XX.

 

9. Court Costs.

 

 

 

Seeing as MBNA have failed to supply any agreement, can someone point out which section of the Consumer Credit Act, MBNA have breached. I know you can quote section 61 (1) (a) for no signatures, but cant make head nor tail of the rest and id like to quote something for the reason for the Judge to make it unenforcable.

 

Ive had the same trouble with HSBC, they supplied an agreement without signatures and that N1 is filled and is getting posted/dropped off at court tomorrow.

 

Thanks one and all for any kind of input.

[wednesday1867]

How hard will it be to argue Sempra?

 

How likely will this get to court?

 

 

Just had another thought, is the 8% only claimable on the original charge or can i claim it on the charge plus interest?

[wednesday1867]

Changed my mind

 

Particular of Claim No 7 will be changed to this....

 

 

7.Interest which should be compounded and at MBNA's own rate of 24.9% as per Sempra Metals Limited (formerly Metallgesellschaft Limited) (Respondents) v. Her Majesty's Commissioners of Inland Revenue, giving a total of £X,XXX

[shane5408]

subscribing

[wednesday1867]

Wow just calculated the 8% statutory interest on top of the compounded ands this makes my claim over £10,000

 

Im wondering if a final letter, informing MBNA that if they dont settle, the claim will rise by nearly £2,500 might be worthwhile?

 

Maybe there isnt any point and i should just file at court with the above POC's?

[shane5408]

Wow just calculated the 8% statutory interest on top of the compounded ands this makes my claim over £10,000

 

Im wondering if a final letter, informing MBNA that if they dont settle, the claim will rise by nearly £2,500 might be worthwhile?

 

Maybe there isnt any point and i should just file at court with the above POC's?

 

hiya,

 

i would just file at court, i can't see mbna changing their stance with regards the above and sending them a letter saying if you settle now u can save urselves £2,500 etc etc probably wouldn't portray you in a very professional light IMO.

 

You've got them by the scruff of their necks, it's time they realise it!

 

regards,

shane

[Tartanscouser]

Interested in where this is going. Unfortunately a complete novice at what's the right and wrong way to go about it. I have been chasing MBNA on a number of fronts

 

Refund of penalties

Abuse of my data as per data protection act

Lack of valid CCA's for 2 accounts

Not satisfying 2 S.A.R's

I have reported them to Information Commisioner and Financial Ombudsman

 

Contemplating reporting them to FSA and OFT but need to gather some additional information.

 

I have numerous letters from them where they have claimed that they have enclosed data/information and no such information has been enclosed. I also have various letters and documents which at best are intimidating at worse constitute harassment.

 

Is there anyway we can file a complaint about their ability to act as a responsible lender?

 

I suppose I should start another thread. Any advise accepted, in the mean time Wednesday go for it, you have lots of support.

 

Regards

[steven4064]

Hi TS

 

Yes, please start your own thread - it will keep things simpler.

 

You could write to the OFt and ask them to investigate whether MBNA are fit persons to hold a consumer credit license on the grounds that

 

1) they ignore the CCA

2) they ignore the DPA

3) the make unlawful charges

 

The address is

 

Office of Fair Trading

Fleet Bank House

2-6 Salisbury Square

London

EC4Y 8JX

 

FAO: Credit Enforcement

[wednesday1867]

It has just been pointed out to me on my HSBC thread how can I be claiming theres no contract but then be claiming contractual interest? obviously its the same with MBNA. so should I just be claiming the 8 percent stat?

 

Thanks tartan

[shane5408]

It has just been pointed out to me on my HSBC thread how can I be claiming theres no contract but then be claiming contractual interest? obviously its the same with MBNA. so should I just be claiming the 8 percent stat?

 

Thanks tartan

 

Not to sure on that one, i don't think it represents to much of a dichotomy though. The fact there is no proof of contract would only strengthen your argument as the creditor should never have 'unlawfully taken monies from your account' in the form of contractual interest and if i remember correctly from reading your thread earlier on you have a letter from them stating what they set the rate at?

[wednesday1867]

Yeah when they settled the charges, and in the letter confirmed interest at 24.9%.

 

Its too hard to type up and word correctly what I'm trying to say :grin:

 

The questions are on my HSBC thread in the general debt forum

[standingupformyself]

HIya Wednesday, sorry haven't been around for a few days. I am at stalemate at the moment myself... been thinking about my Barclaycard milarky too......... probably could do with some advice on that one from you if you get the time.

I have LBA'd MBNA and in theory am ready to think about court, however to be truthful I cannot afford it at the moment, so am spending my time reading and re-reading everything to keep informed.

 

Have a look Wednesday, if you would.... all advice appreciated http://www.consumeractiongroup.co.uk/forum/general/107198-cca-application-form-please.html

[wednesday1867]

probably could do with some advice on that one from you if you get the time.

 

That might turn out to be the blind leading the blind

 

Ive still kinda got no idea what im doing well thats kinda not true, im just got no idea when it comes to the interest

 

For instance, MBNA have charged me X in interest, as no agreement stands im perfectly ok to reclaim this, fair enough. Now apparently i can claim compounded interest on the wrongful charges, ok, lets add that up, so that gives me Y, so when i add X and Y together im ok to reclaim this, now im going to court, i can add further interest, call it Z, when i add that to X and Y, it totals more than ive paid MBNA in the total time ive had the card

 

Now i dont understand how thats possible maybe i feel slightly guilty in claiming, but i think my main problem is, how they can owe me more than ive ever paid them?

 

And then to top that off, i was ready to file at court for same with HSBC, but got advised not to reclaim contractual interest, cos im argueing there isnt a contract, so surely same should go for this?

 

Ive had a shocker of a day and im just at a loss, think i may give it up for today

[Hopeful1]

Oh Geez Wednesday i so wish i could help you.

 

I've followed the main gist of your thread through my e-mail alerts, but it all just makes my head hurt :-? i just can't get my head around it all.

 

I can understand how they could owe you more than you've paid them, because the interest added to loans and cards is crazy. That's how they make so much out of us.

 

I daren't even try to comment on the rest. I really hope you can work this out and win - you deserve it for being determined.

 

Well don't hurt yourself rushing to click my scales for all the help i've given you. Have this one on the house

[standingupformyself]

Clicking Wednesdays scales........................never thought of that...until now!!

[Hopeful1]

Just cracked a rib laughing. If i claim compensation for my injury with contractual interest how much would that be after the compound, confound and con-blooming confusing interest is added on?????

[standingupformyself]

Hopeful, I could come in handy there... my Dad is a Health and Safety executive and sues people on behalf of injuries!!!

[Hopeful1]

Clicking Wednesdays scales........................never thought of that...until now!!

 

I've been told to spread it around - i thought that gave you a different type of reputation altogether!

[standingupformyself]

well darling, the less said about that the better........ Wednesday will only get ideas....