Non-Compliance CCA & SAR? HELP!

[choppers]

hi, i sent off my SAR & CCA 2 weeks ago (not recorded)

and have received no response.

 

i was unaware of the need to send recorded and the cheques sent were cashier cheques so i cannot tell whether they have cashed them or not.

 

should i send another? or go ahead with non-compliance procedures (which is my next point:oops: )

 

what are the non compliance procedures and are there any templates around for CCA NC

 

also how far has anyone got with a CCA NC against MBNA?

 

cheers for any help (all help welcome:D)

[Hopeful1]

Have you checked your statements? More often than not, they add payment to the account!! Is there really no way of tracing the cheques? Can't the staff at the bank help? I'm not familair with them, so excuse me if i'm asking stupid questions!!

 

There are templates for non-compliance on the site, i will post a link tomorrow if no-one else has done it before. MBNA can be quite good at ignoring correspondence.

 

If you can't prove they received the info i would consider re-sending just for the sake of evidence.

[choppers]

hi, thanks for your help.

 

i have not received statemtents since sending off the SAR and CCA.

 

however looking at my last statement they made me an offer a couple of weeks ago for my fees back of £39 which is about 10% without interest or PPI (which i will be claiming)

 

and said i had 8 weeks to accept it otherwise the matter would be closed, well they have paid this money into my account 2 weeks after the offer was made.

 

what's that about.

 

i may go to the bank tomorrow and ask if there is any way of checking when/if a cashiers cheque was cashed.

 

thanks again, your help is appreciated and welcome

[standingupformyself]

They seem to make a quick payment to most people. Thats absolutely fine as long as you write and tell them that you accept this amount as a partial payment only and you intend to persue MBNA for the balance of your claim, which you will be in contact with them about as soon as you receive your SAR information.

As you did not send the information recorded I wonder if you realised that with MBNA you need to send them proof of your ID? If not, then please send them another letter, reminding them of the date you sent your original one (ignore the fact you did not send the first one recorded, but make sure you send all the other letters to them recorded) and enclose a photocopy of your ID, otherwise they will get to the end of the 40 days and then send you a standard letter requesting this information, it is just stalling tactics, so pre-empt them to it (did I spell that right?)

 

How old is your account with MBNA? Chances are they have not got your CCA, so that could be interesting.

 

Also remind them in the letter that you are waiting for your CCA, sent to them on XX date, not sure if there is a template, but you could just adapt the original letter

 

Keep in touch, there are quite a few of us now that are experienced with MBNA and are ready to help xxx

[choppers]

cheers S.U.F.M, my account with MBNA is about 12 years old.

 

i will get on to doing the things you suggest and send off 1st thing tomorrow.

 

cheers

[standingupformyself]

Your account is 12 years old! Excellent! Who did you open the account with initially? For example mine was Abbey National and a friend of mine had a Homebase card?

[choppers]

the account afaiac was opened directly with MBNA and not a subsidiary?

 

it was at a motor show and they were there with different themed CC's

 

the credit card only has MBNA's name on it and no other bank. (well had, it is now in little pieces)

[standingupformyself]

I still doubt they will have the CCA after all this time, let us know how you get on..... xxxx

[Hopeful1]

it was at a motor show and they were there with different themed CC's

 

That's looking good Chopppers. You would have only filled in an application form. My hubby filled his out at an airport and i think Wednesday did his at a footie match (where else??!!!)

 

I'm just off to look for the non-compliance letter, you're bound to need it at some point

[Hopeful1]

Here is 1 example of a non-compliance letter with regards to a CCA request. Adapt to your needs.

 

Don't forget the timescales:

 

CCA - 12+2 working days after which they're in default. If you wish you can withhold payment to them.

After a further 30 days (calendar month) they are in summary criminal default.

 

S.A.R - 40 days to comply.

 

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice

 

[standingupformyself]

Hey! Hopeful is not just a pretty face then!

[choppers]

Thanks for that hopeful one.

 

from that template i take it that i need to send off a follow up letter before sending a default (after 30 days)?

 

also i just received a letter from MBNA today re. my S.A.R

 

stating under section 7 please find the information enclosed.

 

all that is enclosed is my cheque and a short list of charges incured over the last 2 years?

 

what's that about? and how should i respond?

 

cheers

[standingupformyself]

ok, you need to get back in touch with them.... It is not unusual to only receive a couple years worth at first, but I would have expected it to have been more like about 4 or five years.

I found this lasy quite helpful, if you email her she usually responds within a day or so (unlike others at MBNA that do not answer at all) and if she cannot help you then she will put you in touch with who can.

 

Dont put your full details on an email, they are not secure. I usually put my name, post code and asterix out some of my account numbers 1234 **** 01** **33 you kow, something like that.

 

State in the email the date you sent the SAR request, the date the 40 days run out (which is the day after you posted it) and how much you have received so far. I would if I were you push my luck here and state that you wish to receive ALL information since you opened the account, rather than just the six years worth, they will possibly refuse, but is certainly worth a try. Pleasantly, politely but firmly remind MBNA that they have to send you this information by the suchandsuch date.

 

If you need a hand with the email give me a yell, or PM me, happy to help!

 

[email protected] she seems very nice and tries to be helpful.

 

xx

[choppers]

hi, just wondering, why would a follow up letter be sent for a CCA?

 

it's unlikely that you will send one inside the 12+2 day limit, so why not just a default letter?

 

i am just pondering whether to send a follow up letter or go straight to the defauly option.

 

any opinions?

 

cheers

[Hopeful1]

To be honest Choppers, whilst you're reclaiming charges I wouldn't worry about the non-compliance of the CCA. You can't not acknowledge a debt through lack of CCA and then reclaim charges. I'm sorry i should have thought about this when i posted before.

 

After charges are settled on my OH'S account, we'll pay the outstanding balance and then i will be reclaiming PPI on the grounds of no CCA. Until then, i will not be letting them know i know they haven't got one!!!

[choppers]

the thing is i am already in arrears on two months payment, i was advised by CSSS to offer token payment or go bankrupt, i offered token payment which MBNA rejected.

 

the Interest i have paid alone would clear my MBNA balance.

 

i think next step i will claim PPI back as i was definately mis-sold the policy.

[Hopeful1]

We were struggling prior to starting this off. We paid what we could, but as the situation dragged on, we ceased payment maintaining that we needed to know the true balance.

 

If you are being advised to go bankrupt, i'm assuming you have other debts. Have you got other threads to help with other situations?

 

Take a breath and start from the beginning. I think the 1st thing to focus on is getting your S.A.R sorted.

 

Write and thank them for the refund they've credited but it will only be accepted as a part payment as you know there will be further charges.

 

Remind them they have until xx/xx/xx to respond to your S.A.R request and take it from there.

 

Do things slowly step by step and we will all help. Once you have your S.A.R add up the charges and we can take it from there.

 

Best wishes

[standingupformyself]

hi, just wondering, why would a follow up letter be sent for a CCA?

 

it's unlikely that you will send one inside the 12+2 day limit, so why not just a default letter?

 

i am just pondering whether to send a follow up letter or go straight to the defauly option.

 

any opinions?

 

cheers

 

 

I think you just need to chase the SAR for now....

[out of cash]

hi all,

 

just a note to say barclay card came up with my cca which is 25 years old how the hell they have this on file i do not know but i am really going to fight this even though it has all the prescrbed terms like copy and paste springs to mind:D