Hello All, I sent in a SAR to MBNA recently, in relation to a credit card and yesterday I received 6 pages detailing charges that I paid on my credit card from 2002 to 2006. When replying back to MBNA to reclaim these charges, do I complete the "compound interest calculator" at 8%, listing all the charges that I paid in that time period? Are there any other calculators I should use? Is the compound interest rate always at 8% or at the rate I was initially charged by MBNA (which is not mentioned on my sheets I was sent) Advice would be appreciated Many thanks Wulfen40

Hi Everyone! With the lovely support on this site, i sent a CCA request on Monday to Ruthbridge who i have been paying a token payment of £1.00 for over a year and to Direct Legal and Collections prior to this. This is an old debt of MBNA going back as far as 2005 for £15,107.00. Today i recieved the postal order back, with the CCA letter stampted recieved and also a slip stating "account returned to our client Direct Legal and Collections", question is do i now send a CCA request to Direct Legal and Collections or wait to hear from them. i also have recieved the credit report and do not see anything relating to this debt on there. thanks!!!

Hi I am trying to help a friend with a court action brought about by Aktiv Kapital for an MBNA Credit Card account for c£12k for which no payment has been made for three years. An initial claim form was received in January to which a defence was submitted on the 9 February 2014, a CPR 31.14 request was also submitted (Copies attached). To date no reply to the CPR request has been received and a notification of allocation to the Fast Track has now been received. I am unsure as to the best way to complete this and would be grateful to receive any guidance that can be offered at this stage. I am aware of the cost implications of the Fast Track process but do feel that as no evidence has been supplied the only option is to defend. Can anyone please help me progress and return the allocation form? Many thanks B

Hello people - I recently received a demand from Westcot for a CC debt - so i did the usual thing of asking for a copy of the CCA. I sent the request to Westcot ( with a £1 PO) and i received a letter back ( with my PO) saying that i should send the request direct to the original creditor and not them as they were acting on behalf of the original creditor and that i should make arrangement to pay westcot IMMEDIATELY. I already know that there is no copy of CCA available as 3 previous DCAs have tried this on me and failed - On every single encounter with a DCA i have requested the CCA from them and NOT the original creditor. In my previous experiences of westcot they have NEVER written back to me and tell me to send the request to the original creditor - they just havn't supplied it!!! ...so are they trying to be clever ( don't ask me how!) or are they just stupid?!!!! many thanks OOT

Hi everybody, After your expertise and great advice again please. Story so far..... Sent SAR to MBNA, successfully reclaimed PPI, all done and dusted within 2 weeks of receiving SAR. The charges, not so easy. Here is what I sent to MBNA in April COMPLAINT Dear Sir or Madam, Following media reports and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand that the regime of fees which you have applied to this account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations in that they did not represent a genuine pre-estimate of your actual costs. It is my contention that you have failed to operate my account in a manner conducive to the above and have demonstrated a lack of fiduciary duty. Additionally, these unlawful charges have contributed to undue stress, unnecessary distress and years of harassment from both MBNA and the debt collection agency appointed by MBNA, namely LINK Financial. I calculate that you have taken £xxx.00 plus £x,xxx.00 which you have charged me in interest which total £x,xxx.00. In recent years, Courts have been happy to accept claims for bank charges that exceed 6 years, whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the Limitation Act 1980. Should County Court action be needed to recover these charges, I will be seeking to rely on this. Therefore this letter requests a refund of all charges indicated including interest within 14 days from the date of this letter. I request that payment is made directly to me by cheque and that any refund in whole or part should not be allocated to any set off or third parties. Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery. You now have 14 days to respond positively and in the absence of this I will put you on notice with a further 14 days letter before action I trust this clarifies my position. Yours Faithfully I had an acknowledgement and then a 'we will respond by' letter, and yesterday I received this. Dear Up2 We refer to your recent correspondence concerning default fees on your account. I would like to clarify the situation from our perspective. We have always set out precisely what our charges are in our agreement with you, as they are an integral part of the t&cs under which we are prepared to provide credit facilities. In the case of all the charges we apply for breaching our credit agreements (including overlimit usage of the card, making a late payment, or writing a cheque or authorising a direct debit which is returned unpaid), we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied. You may know that the OFT issued guidelines in April 2006 in relation to the level of credit card default charges across the industry. MBNA disagreed with the OFTs interpretation of the law and continues to maintain that it's default charges have always been fair, legal and transparent. However, we decided to reduce our default charges to £12 with effect from 28th June 2006 for late and returned payments, and 28 July for overlimit fees. We do wish to resolve this matter, however, our records indicate that you have not been charged any default fees over the past six years. Therefore I am unable to offer any goodwill credit on this occasion. I trust this response is acceptable. We have now exhausted our complaint process; therefore I must advise that this is our final response on the matter. If the response is felt to be unsatisfactory, the complaint may be referred to the FOS, within six months of the date of this final response. Sarah Harrowsmith Vice President. So, What would be my next course of action please? I am prepared to go to court, but do not know the best way to proceed. (I got my POC for BC from other threads, but can not find anything suitable for MBNA) As always, all advice and thoughts gratefully received. Many thanks Up2

Hi Have looked the forum but cant seem to find address for MBNA that I should send my SAR form to , any help here would be very much appreciated. thanks

Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back

Having successfully claimed against lloyds i decided too try my luck against MBNA but they refused my application saying PPI was not msisold. They sent me copies of my agreements except my first one which they no longer had copies of. The one agreement shows the tick box for ppi blank so not ticked therefore not wanted but they state following a phone call several weeks later that i agreed too have it .. ....and on the original one with no paperwork they state that i asked for it. Should i now challange them through the financial ombudsman? Many thanks Greenige.

what a joke 6 years ago got in to trouble just like other people sent all letters to mbna turned down all offers of lower payment sent final response letter - i see you in courts no reply been taken to count by aktiv never had any letters from this company at all , taken to court in the other side of the country had a attachment of earning order made against me went to court fill from in put offer of £10.0 in the court said i had put £100 in the box there was a point in there £100 from my pay, court told this debt is my wife to ?? why my debt is my not my wife ?? so what if my pay goes down will this stop this order and how is this work out as the said my wife should pay half of the bills ???

Hi can anyone help me, I have sent a SAR request to HSBC, I used the following address: HSBC Bank Plc Service Quality Team Arlington Business Centre Millshaw Park Lane Leeds LS11 0PP I sent the letter Signed for delivery with Royal Mail. My problem is when I track the letter on royal Mail it says that they (RM) have the letter, does that mean that no-one signed for the letter at the address and it is sitting in the Post Office. Is there another address I should be sending the request to, how long will I be expected to wait for the information? Grateful for any help!

I have sent in a claim to MBNA for a credit card agreement that clearly had no signature in the PPI box but it as added and so they have upheld my claim. Its only a small one in comparison to some others that are still ongoing but I'm not sure about the figures they have sent ie. Total Premiums £122.18 Associated Interest £11.70 8% Gross Intrest £138.03 Less Tax £-27.61 Total Payable £244.30 Now I attach my spreadsheet that I sued but this has no 8% interest on it and was wondering if you guys could just check it for me please? Thanks

Hi everyone, Great site with lots of information but I wanted to clarify the followiong. I got a CCJ claim from Hegarty acting for Aktiv Kapital on 20/05/14 for a MBNA Credit card (POC attached) I had a few years ago and fell behind on payments (A dark period) I have acknowledged service and sent a CPR 31.14 request and CCA request. I then received the attached letter. My question: Do I have to agree the extention and is it in my best interest to do so? Any info greatfully received PS. I posted here first, because I wasn't sure where to post this thread, Sorry feel free to move it, thanks

Hiya Ladies and Gents, A few years back I had a CC with MBNA which I disputed due to them being unable to provide an enforcable credit agreement. They pursued me for the outstanding balance for a while and eventually passed it over to a company called Optima (i think) who harrassed me for a few months and then gave up after offering a settlement figure of approx 10% of the balance which i declined. I haven't heard a peep from them since. This was 3 years ago but last week I got a letter from MBNA stating that they transferred the right to collect this account to a company called MFS Portfolio Ltd. Just wondering if anyones had any dealings with this company and what to expect now. Thanks in advance for any advice. Travis

hi i had an mbna cc from 2001, sold to moorgate 2012, there was an arrangement on it to pay 57.00 per month from 2008 as balance was well over 5000. i paid mbna all this time, i didnt know moorgate purchased the debt and they rang and wrote saying to change my standing order to them, i refused saying ive no agreement with you bla bla. they then wrote saying my account would be paid late as mbna takes 2 weeks to give them the money, i again said not my problem my agreement is with mbna not you. ive since (apr 14) found Removed website read up etc and stopped all payments and sent the letters requesting CCA agreement etc ive also sent mbna letters requesting the accounting of the account as it was sold to morrgate. MBNA have not written back at all. moorgate are treating as complaint but are in tact agreement and nearly at estoppel in 5 days time. i am wanting to claim the money back paid since it was sold, as its all unfair, i bet ive paid in the region of 20,000 for a credit card they gave me when i was 20 with a limit of 5000, stupidly i did use it as a twenty year old who wouldnt, but its been a hold on me all my life and to me they shouldnt of gave the high limit in the first place being a first credit card, second mbna have recd money on an account that they sold so is this right, and please could someone point me in the direction i need to go to start this claim against them. oh and moorgate havent provided any info requested so all this will be my defence.

Dear Caggers, MBNA have sent this out twice it looks like a long form asking lots of questions about PPI on the credit card account. Not sure what to do. I have not claimed the PPI reclaim yet. Account is old going back to around 2005 went into DMP around 2010.

Hello, Please can someone give me some direction regarding the following claim MKDP LLP pursuing an MBNA Business Credit Card debt? I have filled out the pdf of questions required before a reply is received (see below.) The claim has been issued to the defendant as my previous business name (sole trader) not my name – it’s simply business name and my address not `Trading As’ or alike. Does this mean that the claim is invalid? Also does it still matter if the default notice is invalid (as mine is see attached?) Or can they simply issue a new one? The agreement is pre 2007. Do they still have to produce the original signed agreement? I have no way to pay this or even contribute a small amount monthly, just do not have the money anymore. Thank you and I have compiled a list to the pdf questions below. Claim is issued from the `County Court Business Centre?’ does this make a difference. Name of claimant - MKDP LLP Date of Issue – 01/05/2014 Claim Value – Circa £7000.00 POC – As follows; The Claimant claims the sum of £7000 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and MBNA. The Defendants account number was XXXX and was assigned to the Claimant on XX 2010, notice of this has been provided to the claimant Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of £7000 and costs. The Claimant has complied, as far as necessary, with the pre-action conduct practice direction. Value of claim £7000 (Circa) Claim is for business credit card – MBNA. No `Notice of assignment’ receive to my knowledge – still searching for it. Default Notice from original creditor is attached to this post. Is invalid from Dec' 2008. Not received “Notice of Default Sums” – again to my knowledge. Payments ceased due to child being born disabled – massive life change for us. No original dispute. NO DMP. I will send CCA1974 asap I did do this direct to MBNA on 10th March 2010 however I do not have the proof of postage and MBNA never replied. I will send CPR31.14 to MKDP. I will send a CPR Part 18 request. I will defend. Thank you for your help......

Hi there, wondered if you could give nay insight on how to respond to a letter we received from dlc in response to a CCA request, especially in light of their last 2 points - Thank you for your recent letter regarding the above account. I can confirm the following - * I acknowledge receipt of your payment of £1 in connection with your data request under the Consumer Credit Act 1974. * We are still awaiting a copy of your original agreement and statement of account from the original lender MBNA. When these become available they will be forwarded to you. * If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the consumer Credit Act 1974. * We would like to draw your attention to the ruling in the case of McGuffick V RBS judgment dated 6 October 2009 in relation to "what is considered enforcement", the judgment stated that the bringing of proceedings is not enforcement. It follows that demanding payment is a step taken prior to the commencement of proceedings and therefore not considered as enforcement. We will continue to report the account status to the Credit Reference Agencies as this is also not considered as enforcement. * Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to repay remains intact. In view of the above judgement the account will remain with our collections department for collection activity to continue. Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand. We have heard from them since a couple of weeks ago and they are still waiting on the "documentation". They have now had 2 months to deal with this and I am not sure how we should respond or proceed. Anyone got any advice on this one please? Thank you.

Hi All I had a credit card with MBNA which I defaulted on, as I couldn't afford the payments on it. I sent a CCA request many moons ago (Feb 2009 to be precise) and all I received back was a template CCA with no signature. I have now received a letter from Drydens Fairfax stating that I must pay the outstanding amount (£10K). It also states if I do not respond by 9th May 2014 then they may commence legal action. I have not paid any money since I sent my original CCA request back in Feb 09. I am also aware that in Feb 2015 this would be Statute Barred ? Is it worth me asking Drydens for a CCA ? Or is there anything else I could do, such as asking it to be passed back to the original creditor ? Regards Lee

Hi, if this has posted twice, apologies. I just tried it and it didn't seem to post. MBNA sold my partner's credit card account on unlawfully while under investigation for a PPI claim. We offered without prejudice to settle the matter for £250, twice, and this was ignored. Experto Credite and associated companies have chased my partner for the outstanding amount. They disappear off when confronted by one of your template letters. They cannot provide the original, full size, legible agreement. We did not accept the Ombudsman's negative decision, as their original adjudicator was awful. Any thoughts please, as to whether we write to HL or ignore them? I am running out of things to state and re-state. Many thanks, AvengingAngel.

OH just got letter from MBNA selling and assigning CC debt to ARROW GLOBAL telling her to pay debt or contact AIC. This relates to CC taken out around 2001 and defaulted 2010, previously done SAR to MBNA and found lots of charges on account. Now that MBNA do not own debt we feel time is right to reclaim charges. Looking over SAR can find lots of late payment charges of £20 and £25 around 2004 - 2006 and many £12 charges 2007 -2010. Whilst I understand that reclaiming bank charges is a no no would I be able to claim back all charges for previous 6 years from now or could I only reclaim those over £12. Also is it too late to CCA MBNA, or should I in fact CCA ARROW or even AIC. My OH will not want to fight legalities of account in court even though she could win regarding T & Cs on reverse of Credit Application/agreement. So would really like to a) claim back charges from MBNA (as they have been awful to deal with). any b) put a good case to ARROW to accept a reasonable F & F settlement. and help would be welcomed, sleepingdog

Hi All, I have received a claim form, today, this is what I have done so far. Prepared but not sent - SAR, CCA Request, CPR 31.14. My Answers to your questions are shown in RED. Thanks all You have received a claim form. In order for us to help you we require the following information:- Name of the Claimant ? Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 14th April 2014 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. 1. The claim is for the sum of £8400 in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account ****** upon which the defendant failed to maintain payments. 2. A default notice was served upon the defendant and has not been complied with. 3. By virtue of a sale agreement between MBNA and the claiment, the claim vested in the claiment who has a genuine commercial interest. The defendant has been notified of the assignment by letter. What is the value of the claim? £8400 Has the claimant included section 69 interesticon (8%)within the total claim or is it shown separate within the Particulars but not added to the debt? No Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Original agreement was 1999 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, I had one this year, not in 2013, not in 2012, 2011 - 2008 Why did you cease payments:- Was there a dispute with the original creditor that remains unresolved? Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, paid for about a year, disputed interest and charges, told them I would pay what I had borrowed but nothing else What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Request 1 - Loans/Credit Cards Request 2 - Current accounts Thanks for reading, look forward to your thought.

Received a court claim for £14,300 for disputed MBNA card agreement assigned to Arrow Global from Restons Solicitors. Card was sold to me at Heathrow airport, face to face in 2002. I seem to remember something about the process of the sale not being normal. But in any case, it is 6 years since any money was paid to this account. I issued a S78 request in December 2007 and did not get a satisfactory response including no terms (not even reconstituted ones). No money has been paid since December 2007. So I think the alleged debt became statute barred at the turn of the year. It seems this has been the trigger for Restons to take this to court. Does anyone have any pointers of what I need to write in the defence to this case. Thanks

With respect to the MBNA accounts there are no negative markers against these accounts. At the current rate of repayment they are due to be paid in full in approx 18months time. I would just assume they would stay on my cra as no default was logged against them. Surely these will just show as settled in full or will they be removed once the final payment is made? I'm not looking to F&F these two accounts purely arguing whether they are enforceable by correct execution of the CCA.

Hi. new here but i recieved a letter this morning from MBNA stating that my outstanding debt with them had now been sold to idem servicing. along with this letter was another letter from idem servicing detailing new account numbers to pay them ,needless to say i have not done this i called them and i was told that i was going to have to fill out and expenditure form so that they could then work out an amount for me to pay them back. when i asked why i had to do this i was simply told, this is how we do things. i then asked ' so are you saying you work out what i need to live and then take everything else?' hesitant responses and avoiding the question was all i got i have been paying mbna back for a while now and they have been very helpful so i am unsure as to why this has now happened .idem have also said that my original payment agreement with mbna will not be honoured. now i was happy paying off my debt etc b ut i am getting a suspician that i am now going to find myself in a whole world of trouble with idem, nothing seems to add up and i now find myself quite stressed and concerned that i am now in a worse off situation. any help and advice would be very gratefully recieved

Help Please, I have an MBNA debt which is about 5 years old since the last payment. They did make offers of settlement for approx. 40% over time but I ignored those. However recently, on moving, I was tracked down - I think because I paid my TV license. They sent a CCJ Notice for Northampton County Court for £14000 which I didn't appreciate was the real thing and 4 weeks later I received a CCJ with a payment schedule of £100 per month. The claiments were a company I have never heard of and have no idea who they are - am I done for? Is it too late or in my interests now to challenge. I tried to seek some CAG help earlier but think I didn't post it under the right section so haven't had a reply. Can anyone give me some advice as to what I can do please? I am terrified that having battled on for so long they will send Bailiffs around