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Getting MBNA before they get Me!


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Welcome to the funhouse FUWW :D

 

I think you are right to tackle each issue seperately. Reclaiming is worthwhile but time consuming. Your organisational skills will be invaluable!

 

To retrieve all paperwork regarding your different accounts, you could send a Subject Access Request. I'll post a link seperately.

 

The SAR should send all the info they hold about your account, INCLUDING the credit agreement. Even if you already hold agreements, it is worth requesting one from them just in case they haven't kept them.

 

If they cannot provide a true copy of a signed, properly executed agreement they have no right to enforce the debt - leaving the ball / control firmly in your court ;)

 

You may find the older accounts particularly the credit card do not have the correct agreement.

 

Anyway, that will do for starters. Post your progress and any questions you may have.

 

These should be interesting battles, i shall look forward to following them.

 

Best wishes ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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This is the link for the bank templates letters. The SAR is the 1st one:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

 

Also, it may be worth having a mooch around the PPI forum. It may even be worth starting seperate threads for each battle and put the PPI claims in the related forum.

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/

 

You could keep the MBNA charges on this thread.

 

It's your call!

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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I dealt with my OH's charges and reclaimed them back to reduce the balance. Like you, we are happy to repay what we've used but not their charges which they think they can add willy nilly.

 

We did not receive a CCA but we never mentioned this. We reclaimed the charges and are now going for PPI. We've ended up sending this to FOS and have only now 'mentioned' how we cannot find a copy of the agreement to prove we agreed to the PPI.

 

Best wishes ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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My apologies for this, but what does "OH's" mean? Just getting a handle on all of the Jargon, but that one escapes me at the moment?

 

Ah, sorry, it's obvious now that I have asked..."OH = Other Half"? I was thinking MBNA there and Credit Agreement Terminology!

 

Cheers,

FUWW

 

Sorry,yes, OH is the very technical term for Other Half :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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You may have to send a seperate S.A.R - (Subject Access Request) for the Amex laon as I suspect that Amex is still a seperate company and will have its own data controller.

 

If you are claiming for charges and PPI, they can go in the same claim so I would advise keeping everything on this one thread here to avoid confusion. (By all means start a thread in the PPI forum with a link to this thread but post everything here.)

 

 

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But despite some Self-Employed clauses in the PPI, it's pretty clear it's really a useless Policy for anyone Self-Employed.
There is a stong opinion that it's really a useless Policy for anyone. Full stop. There always seems to be som ereason why they don't need to pay out.

 

 

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  • 4 weeks later...

BRW

 

Sorry to hear of your troubles - I hope it starts getting better soon.

 

Your expereinece of MBNA is fairly typical, I'm afraid. On the brighter side, everyone who reclaims these charges, gets them back. So £1200 coming your way soon.

 

If you already know what the charges are, why are you sending an SAR? You can go stright to the prelim letter if you already have your schedule.

 

 

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Just to clarify - you send a SAR to get a copy of all the data they hold on you, the mostimportant from a charges point of view being a list of all transactions, usually covered by a set of all statements. If what you are interested in is whether there is a proper credit agreeement, then it is not a SAR you need but a request under s78(1) of the Consumer Credit Act 1974. The former costs £10, the later £1.

 

If you are thinking about (pssibly later) reclaiming charges, you need to be a bit careful - obviously you cannot claim there is no debt and reclaim charges on the same debt at the same time. Sort the executed agreement, legityimacy of the debt forst and keep the charges issue untila after that is sorted. If they produce a valid agreement, then you can reclaim charges.

 

 

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