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  1. Hi looking for some advice on a potential PPI complaint I received my SAR pack back 3 months ago, today I unexpectedly received the agreement back and am slightly confused the application was on the phone or postal can't remember .but the agreement as you can see the box for PPI had a small typed cross in it, above it read please tick if you wish PPI insurance then there was a box next to it that read if you don't want ppi please tick. I didn't ask for PPI the agreement was was typed and sent for my signature and the box for marking title ie Mr had a cross placed by who ever typed my details. but the cross is totally different to the cross in the PPI box ! if that makes sense. does anybody knew if Alliance-Leicester (MBNA) used forms that were already pre crossed. thanks I have loaded the agreement [ATTACH]45777[/ATTACH]
  2. Dear sir/madam, My husband and I had quite large debts with mbna, we choose (stupidly) to borrow on 0% credit cards instead of borrowing on a loan with a fixed rate and an end date. (we all live and learn). We ran into difficulties reducing the balance because the cards went form charging 0% - 29.9%, paying £700.00 per month and reducing balance by about £30.00 per month, you probably don't need me to tell you that we could not keep this up, we wrote to mbna who were quite helpful and put the accounts on 0% and reduced payments, we were paying £460.00 per month and made great strides in reducing the debt. Then out of the blue, we got a letter saying that the debt was being transfered. This is where the real troubles started. (by the way we have experienced cards being transfered before and nothing has changed with regards to paying). People have been ringing us night and day for huge amounts of money. Plus sending the odd letter. Now my husband has received a claim form for an CCJ. I have filled out the request for more time on moneyclaim site. I have been getting advise from payplan who are really saying we need an IVA. This is not what we want. Surely there is another way. We are in our late 40's and have always paid back what we have borrowed plus interest. Really don't know where to go with this? We have all the paperwork etc. hope someone can help or point us in the right direction? Many thanks for your time regards
  3. I have a question, has anyone sucsessfully claimed interest in restitution as part of a PPI claim on a closed account & if so is it easy to incorporate in the POC? To be brief I had an account with MBNA running for 7 years with PPI before it was closed. I made a complaint about PPI & my complaint was upheld but they have to date refused to fully refund all PPI charges & have included on £34 interest as part of their settlement. I have subsequently had another account with MBNA for a number of years with interest charged at 29.95%. I am now preparing my POC & considering the fact that they have accepted the miss selling of the PPI they have effectively taken my money & then lent it back to me at 29.95%. So rather than the standard 8% simple interest I was considering a claim for interest in restitution as damages for the interest that they have charged me & to balance the unjust enrichment that they have received. It's easy to justify the rate I'm using it's what they are still charging me, but I was just wondering how simple a case this was & how easy it is to include a claim for damages in restitution rather that statutory interest.
  4. Hi, I hope someone can help, I went bankrupt in May 2010, included in this was £3000 to a Virgin (MBNA) credit card, I was discharged in May 2011, after looking at my credit report today I noticed I have a CCJ in March 2012, I contacted the courts and they told me it was from Varde Investments who bought the debt from MBNA. What I want to know is how to get this CCJ removed, I know I can apply to the courts to have it removed and pay £80 but then I guess Varde could just reapply the CCJ and I'd be back to square one, How do I get it removed? Any help would be much appreciated
  5. Hi I have just finished populating the "FosRunningPPI v102.xls" for a claim with MBNA, I had all my statements. Can someone offer to have a quick glance and see if I am doing something wrong as my PPI balance is not being carried forward, i.e. it rests itself to £0.00. Was going to use a claims company until I found this site and thought I would give it a try. Any pointers or help to point me in the right direction would be greatly appreciated. Thanks.
  6. I'm writing about requesting PPI from MBNA re: my old credit card account. I am also wondering about claiming back charges to the account i.e late fees, overlimit fees, interest. etc. The monthly interest rate charge was 1.6674% . MBNA c/card a/c was opened on 7th May 2003 and on the statement it clearly shows Payment Protection Cover. The opening credit limit was £4,100.00 and the closing balance on 8th December 2005 was £5,926.16 . The a/c was sold to 1st Credit dca in January 2006, and then I started receiving discount letters from Connaught Collections. To date I have estimated that my account with Connaught, has a current outstanding balance of about £5,530.00 . I would really appreciate your advice on the first steps to dealing with this. I bank with Natwest and have a new Select bank account which was set up to replace my savings account (which I was using as a current account). From August 2013, the savings account will no longer accept direct debits and standing orders, and I have been advised by Natwest to inform all companies accordingly. I have yet to do that with the c/card dca's, especially when I saw this post here http://www.consumeractiongroup.co.uk/forum/showthread.php?37604-Connaught-Collections-uk-ltd&p=314480&viewfull=1#post314480 where a respondent called HUSBANDKHAN is informing the OP to not contact Connaught, as that will cause a roll-on of 6 years further debt. Is this true? Can you elaborate further? It made me think of my own situation which is summarised below: - Made redundant from my full-time job in April 2003 - became Self-employed in January 2004 to date - Currently in repayment plans of £5 and £1 via advice from CCCS since July 2005 with different c/card companies and one bank – First Direct. - I also have three closed accounts i.e. HSBC bank account, HSBC credit card (a joint account with ex-boyfriend), and Lloyds TSB for Car Insurance that I will want to investigate. - This week, I contacted Kwik Fit Insurance by phone for PPI redress on car insurance payments dated November 1998 to November 2002. They told me that they stopped selling PPI, but didn't state when this decision was made. - Upon their request, I quoted all the relevant details and was told that there was no record of my account. I do have my paperwork with details to hand. Kwik Fit were courteous and I received a prompt email response and a letter the very next day. It stated that they will investigate my complaint and get back to me in 20 working days. There is a lot going on with my accounts, however I want to now focus on the open accounts that I am currently paying, first. Re: MBNA, I believe that I last contacted them on the 26th February 2007 to set up automated bank payments. This was in response to their letter dated 19th February 2007 where they had ~ “intention to issue a Statutory Demand under the Insolvency Act 1986 (Bankruptcy) as we are unaware of any valid reason for your non-payment”. They went on to say ~ “Should you fail to contact us within seven days then our designated agent will be asked to attend your property in due course within the hours of 8:00am – 8:00pm for the purpose of serving you with the said notice.” Please let me know if there is any other information you require? I welcome your advice on the first thing to do to get claims of PPI with related charges, and with other relevant guidance. Also, am I legible to claim back main payments made on the accounts over it's duration? Thanks in advance. Regards, AdvS1
  7. Hi I recently sent a SAR to MBNA for a Credit Card. They have responded today with a letter saying in order to process my request they need a form of ID and then in bold 'Which includes your signature'. Surely they are trying it on here? What would be a suitable response? I take it they are talking rubbish.
  8. Hi All, This is my story I hope you can help. I signed for an MBNA credit card 6 years ago with a £6000 credit limit and 0% interest - this quickly changed and they increased the limit to £7600 and they kept increasing the interest rate beyond my means. I lost my job which put the repayments beyond my reach. I tried to sort this however i defaulted on the debt at the end of last year. I wrote to MBNA explaining my situation and thought they would give me sometime to sort my fiancial situation. I thought wrong! In March this year i was contacted by Link Financial Outsourcing acting on behalf of IDR Finance UK Ltd. This company was demanding the full amount owed (Nearly £9000). The phone calls became more threating and I advised them I didn't have the money and I would only communicate with the by means of letters. I wrote to them at the end of March with the template on this website asking for a copy of the signed agreement. They failed to deliver the signed agreement until the end of May. I wrote to Link and put the account in dispute on the grounds that I was not satisfied that they where the legal holders of the account and I stated that i would write to them again when I had received confirmation from MBNA. I received another letter back from Link at the start of July with a lot of legal jargon which said they didn't have to prove themselves any further. I chose to ignore this as I had no word back from MBNA as to their position on the title of the debt. Link have been phoning my home number and leaving messages which I have ignored because I told them I would on communicate by writting with them. However, I got a message yesterday to say I had to reply within 3 Days which I am quite worried about. I was going to wite to them again maintaining my "In Dispute" stance and write to MBNA asking again what their postion is. Can anyone help. Many Thanks in advance. I live in Scotland if that makes any difference.
  9. dpick

    MBNA and defaults

    Hi all I have a friend that has a problem with the initial default date from MBNA and when I looked at my own CRA files I have a similar problem. When he looked at his CRA file MBNA did not apply a default to his CRA file until 12 months after his last payment. So in January 2014 his MBNA account will be statute barred (no acknowledgement or payment since December 2007) but the default date still has 12 months to run before the CRA file will be dropped from his CRA files. I have something similar MBNA put default on my CRA files in June 2008 my last payment/Acknowledgement was May 2007, thus my CRA file will have MBNA default on until June 2014 and will not drop off until June 2014 when it is already statute barred now. For myself I am not worried the default date entered by MBNA is the date they accepted that the debt was unenforceable and I will not be applying for any credit. For my friend it is a bit more difficult his debt is not unenforceable and he is keeping his head down until his debt is statute barred. dpick
  10. I've recently not been able to make the interest payments on my cc - due to personal circumstances (unforseen and largely unavoidable). I'd like to see if MBNA have a copy of the orignal loan agreement (it will be pre-2004). At the moment all I've had (for missing one payment) is a formal letter stating that if I default they will take action. Should I ask for a *copy* of the original loan agreement, or ask for the original? Or should I phrase this some other *legal* way? Hut123
  11. Hi cagers, I have an MBNA Virgin card with £5000 on it. Lost my job and was out of work from august till now and i wont get paid untill the end of this month. I informed MBNA of this and that i would not be able to make a payment until the end of this month. Now i am getting bombarded with calls from them and have stopped answering but still they try despite them being fully aware of the situation and the fact they WILL get paid on the 29th Oct. As a result i have decided to see if they actually have the correct paper work and do a CCA request. Does anyone on here know a good contact name and adress for MBNA? Also if you could take a look at my letter below and see if it looks ok. would be much appreciated. Dear Sir/Madam Re:− Account/Reference Number ********* This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you. Yours faithfully
  12. Thanks for reading! Briefly: - I developed serious chronic incurable illness over last few years and got deep into unsecured debt on various - I acquired 5 figure balances on 3 MBNA cards - haven't used the cards for years - got to stage where couldn't make payments - cards originally taken out during 1996 - 1998 - LINK taken over 2 of the three cards from MBNA - CCA requests sent to MBNA (1 card) and Link (2 cards) on 22/05/13 -re 1 card: Link reply 30/5/13 saying IDR FINANCE UK purchased debt from MBNA EUROPE in August 2012 and have requested copy documentation. - re other 2 cards - no response from link or MBNA - the claimed amounts do appear on my credit file Questions: 1. Will MBNA e documents going back to 1996 -1998? 2. Is there any point in sending a SAR to either MBNA OR LINK? 3. Would it be best to let sleeping dogs lie re charges etc whilst they can't enforce? 4. Should I chase link and MBNA re 2 cards where no response to CCA REQUEST. 5. CCA request was to MBNA EUROPE, but I think that company is now called MBNA BANK. Should I make a new CCA REQUEST using. tthe correct compsny name just to be certain? Many thanks in advance.
  13. My husband and I have numerous debts amounting to approx. 60k and everything started going wrong for us back in Jan 2010. ..with a business that was failing and 4 bereavements in one year to say I wasn't myself is an understatement!!! I tried best I could at the time to deal with all our creditors which eventually made me ill and I was under a heart specialist myself due to the stress etc but I agreed to making payments that were far too high after being bullied both on the phone and by letter and was terrified of what would happen. We have kept up these huge payments until this Jan when we sat down and had a long hard look at everything and after doing our income and Exp realised that there just wasn't any money left after living expenses and priority debts to pay anyone! It was then I started looking on here and read a few books and as I'm now in a better place fel ready to sort this mess out. Like I said we have numerous debts.. bankruptcy isn't an option because of our business and I am dealing with them all but they are all different so I'll post one at a time so I don't get confused! This post is in regards to two MBNA account we have both with balances of around 6k. these were one of the worst with the bullying back in 2010 but to sum up it took them months to freeze interest and charges dispite knowing of our problems and well just would not accept anything else as payments even though they knew all about our finances etc. Both accounts are very similar ie Bal in Jan 2010 was about 9500 on each.... ..interest and charges applied even though they knew we were in severe financial hardship as approx. 2.5k on each account. We have paid approx. 6k since this time. I am trying to write a letter asking them to accept a Full and Final as we can see no way of starting payments again etc. The bal on each account is about 6k but in view of what we have paid whilst being in the arrangement etc the balance in my opinion should be around 3.5k I was thinking of pleading with them to accept a full and final of £500 for each account as my mother in law has offered to lend us some money . I really am so bad at writing letters and need to ensure I have all the legal bits in it so that the debt is finished once and for all so can anyone help? Well that's two of them I have also been working on my Citibank then Opus then Cabot one today but will have to post later about that one as have to get my little one to bed. I would really appreciate any help at all as at the moment there just doesn't seem to be any light at the end of the tunnel and I'm so scared they are going to start bullying again.
  14. Hi all hjust to let you all know I issued MBNA with a Subject Access Request and after being messed about a little (but not as much as some banks) I have received all information MBNA hold on me for credit card dating back to 1995 upto 2003. Next step is to pursue a PPi claim, I have good reason. Good luck to you all and keep puching the banks you will get there eventually
  15. Hi All I have received a claim form from Northampton ( CCBC ) 04 Apr 13 in respect of a credit card agreement between myself and the Claimant Britannica Recoveries S.A.R..L - Mortlake acting for MBNA with an accrued balance of £5509. although now £5819 including court and solicitor fees. I admit i have over the last few years run into financial difficulties because of divorce and been left with a lot of debt and a mortgage to cover. Depression followed this and my head went into the sand. During this time i read about not paying debt for a while so try and establish a full and final settlement. I wrote a letter explaining my situation and made a fair offer which they refused so i thought ok i will ignore them for a little longer, but now i am in this situation of court proceedings.. I am seriously worried as i do not want this CCJ against my name yet if i agree to paying so much a month from what i've read in the last few days this will happen. I have no recent statements regarding this debt, but have thought of applying for some although I'm concerned about time. I have read loads on this site yet i am so at a loss as what to do to prevent this CCJ, is requesting a CPR31.14 a viable route or should i just accept my fate?
  16. Hi Guys. Sorry i am posting this thread again. There where some tech issues with the previous ones. I had two credit cards with MBNA, one was Sony and the other Virgin (thread found here) This one received a county court claim last month. I owe around £3000. I acknowledged the service, extending my 19 day deadline to 02/01/2013. I have tried my utmost to get legal aid, but i am in a black hole situation where unless i or my partner move out (we recently split up, but still live together), i cannot get legal aid. I called Santanders Legal Assistance service which i get with my premium account which i found out about as few weeks ago. The girl on the phone said i should dispute full liability and base a defence on the fact that no Default Notice had been received in accordance to the Consumer Credit Act 1974 Section 87 and 88. Is this correct? Can someone help me word this please, i am a bit apprehensive of doing my own defence, seen as the one in the other thread has complicated things. Any help is much appreciated.
  17. Hi, my oh has two accounts with LINK , i have been a reader of the forum i did a CCA for both accounts . I was supplied with a copy of the CCA and in my mind they may be unenforceable through reading other threads. Therefore i sent them the write off letter i found on a thread here and stated that they had not supplied me with the relevant information adn requested they both wrote off the debt and that i would receive a reply in 14 days. That was 6 weeks ago and no reply despite the recorded letters having been signed for. At this stage is there a next move i should make , currently i pay them £1 pcm Many Thanks
  18. Hi, I have 2 credit cards with MBNA: Alliance & Leicester opened July 2005 and Thomas Cook opened Sep 2005, because of financial difficulties in 2006/07, these debts have now been sold on to Link Financial. I am planning to make claims for PPI and charges on A& L and charges on the TCook card. I sent off and have received the SAR details from MBNA but they have only included computer printout lists of transactions, not full statements. As I paid the £10 fee, which they never cashed, I requested the statements but they want £4 per statement, so I have requested them again as they are a main part of the SAR. I have been looking through the list of transactions and found various charges that have been added to the accounts. I am baffled by transactions listed as Special Cash Interest and Cash Advance fees. I asked for an explanation of this, MBNA replied: " Cash advance; obtaining cash or cash substitute by use of your card including through an ATM, over the counter, purchase of foreign currency or travellers cheques, gambling and electronic transfers (other than a balance transfer or a money transfer". I have never obtained cash by any means using a credit card and have no idea why I have been charged these fees. Would full details of these transactions be on the statements I have requested? There are also Finance charges listed, apparently this is MBNA's historical term for interest charged to an account, and is also the term used when interest is not broken down into Special Cash interest or Posted Retail interest. Any ideas as to why there are 2 charges posted on the account on the same day? I know I can reclaim late fee/admin charges, can I reclaim any of the list below: Special Cash interest Card protection fee Cash advance fees Overlimit default sum Electronic balance transfer fee Should I wait for the statements to arrive or work off the computer printout lists and send the reclaim now? I would appreciate any advice as how to proceed with this. Thank you.
  19. Hi, Im new to this forum and would appreciate some advice please. MBNA sold my alleged debt to Moorgate, despite doing a SAR to MBNA about how the debt but up, they have not responded. Moorgate have been chasing me for the debt for about 1 year now and have recently appointed Arden Credit Management to pursue the debt. Moorgate have sent me some statements but the debt already existed before this and they cannot supply anymore. They have told me to contact MBNA. I have and they have not responded. I have noticed though from the statements supplied by Moorgate, that in May 2011 MBNA closed my credit card debt and transferred the balance to a new account with MBNA. As MBNA were not sending me statements I was unaware of this until recently. Is this legal? Will i be bound by the original agreement given that it appears MBNA created a new account without any knowledge to me?? Also, Moorgate have sent me a copy of the agreement I had originally with MBNA. The print is so small that I cannot read it. I do not think that all of the prescribed terms are in this agreement. Should I be supplied with a copy that is legible? Also, do Arden/Moorgate have a legal right to pursue this debt. I have no agreement with them and I have not received any Notice of Assignment from either MBNA or Moorgate/Arden. Thank you in advance
  20. Hi, MBNA have already admitted PPI was missold on my CC account but refuse to reimburse penalty charges that were a direct result of the PPI premiums. Between 2001 and 2006 I incurred charges of £1226 in late payment fees and over credit limit fees. Often the over limit fees were because of the late payment charges. Never more than £100 over credit limit. Account was opened in 1995 and when the penalty charges started in 2001 I had already paid PPI premiums of over £1800, which with interest would have been several thousand pounds more. I am about to issue an N1 and would like a few pointers. Where I advise how much the claim is for do I use the £1226 amount I have been charged or do I use the figure including interest in restitution at the contractual rate of 24.9% which amounts to £7781. The guideline from FSA stipulates that the account should be put back in the position it would be in if PPI had not been applied. Would the 6 year rule apply in my case? Thanks for any advice maxdoubt
  21. I have an amount of default charges relating to an Amazon card for late payment ( 1 day) - formerly Bank of America now sold to MBNA. They have refused any refund. I made a c omplaint to FOS. They responded and did not accept my complaint on the basis that MBNA had advised FOS that between 2005 - 2009 the average cost of default was £12 and that their judgement was based on MBNA's pre estimate of the cost. Is this correct? Grateful for any advice as to what to do next here? Is a court claim a possibility? My charges relate to 2012 thanks
  22. hi i owe mbna £2000 I am on esa , i contacted mbna to tell them i could not afford my payment, and was told i would need to pay £60 per month or they would sell it to dept collecting agency, they have stoped interest, i have a lot of medical problems including dementia, do i have to pay £60 a month , i dont want them to sell it to a dept collecting agency
  23. Help pls, i have got a credit card with MBNA and owe £10500, due to personal reasons i have been on arrangement with them for the last 5 months which is coming to an end. They said they wanted the arrears of £1400 in May and to start paying back monthly which i cannot afford now or ongoing, my Dad offered to lend me the money which we thought he could get £5500 to settle the account, so rang MBNA last week and went through it on the phone, they said it would show as a partial settlement on the account but the account would not default. My Dad can only raise £3500 so i rang them yesterday and they agreed that was ok and they would get forms out, this morning i have a phone call saying it was flagged and i had entered into a legal agreement to pay them the £5500 so they cant accept the £3500 but would review the account and settle for this amount if it went into default at the end of June I am desperate to pay this card off but not affect my credit rating any more than it is Help - what do i do and protect my credit rating ?
  24. I Have recived today a letter regarding my ppi on a mbna loan for 12,000 over the term of 84months at 7.4% apr. The letter states payment protection cover premuim for the above account was 3,991.87.This was based on a loan principle amount of 12,000 over the term of the term of 84months at 7.4%. should you have any questions ring...... please can you tell me if the above figure 3.999.87 is what i am entitled to ? even if i paid the loan off earlier. please advise me what i need to do many thanks
  25. Hi please help Having spent over a week reading posts i am more confused than ever,i went to the bank asking if they could help with a loan to buy a taxi as i could not find any work after losing my job.I was very stupid really, but they gave me a loan of £7,500 on our joint account on my wife's part time income but she was not present and did not consent to it.Basically the business failed as the car i got was in the garage more than on the road and cost me every penny we had + i made a total lose. When we unable to pay for these loans anymore(i already had 1 and so did my wife with same bank)i contacted them for help and thought at first they seemed very helpful,they said not to worry they would put me on to a company that dealed in IVA's (payplan)plan plan took £289 of my wife a month and £189 off me,this was a little better than what we was paying the bank but after nearly 2 years of this and seeing the statements that showed the bank + max credit (was virgins cc mbna must have sold)we was barely paying anything to the bank or MC some months as little as .18p. We have failed our IVA and have received letters confirming this.We asked PP for help on a few occasions and the best they would do was drop £5 a month which was a kick in the teeth as in that 2 years our expenses had gone though the roof.The new job i got after the failed taxi business has ended(2 yr contract) Now the bank has sent a letter to me about the overdraft but still not received anything about the loan which my wife has, the letter was dated 3/4/13 recieved on the 11/4/13 and we have not heard from Max Credit YET.We have been to see a advice person from a local charity who has said for my wife to go Bankrupt,she also said with my debts been less than 15 k they should have advised me to go for a debt relief order and that is what she is saying i should now do. Ok to the point now as we have no assets and a car we need for work and school which is less than £900 should we go ahead with BR or should we try and fight this by asking for original paperwork or sar which i no nothing about yet or should we just go with the advice center and after the BR is over the 6 yr make will our credit rating start to improve,and can Debt people still chase us for money. (Deep Breath)I have tried to put as much info in this and i thank anyone that reads this and i will answer any questions if i have not got it all in,but my head is spinning now. Kind Regards Mark & Clare P.S my wife still unhappy about bank giving me loan on the strength of her wages which she believes this was illegal.They included our tax credits which that lovely man Mr Cameron has since stopped. also our income is soily my wife's wage which is only P/T and we get very little child tax credit.
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