AA99 v MBNA (Account 1)

[citizenB]

You dont need to post up your I&E form. You could telephone the National Debtline for confirmation of your figures if you wanted to. They are more realistic in their costings and I believe they will allow you more than £300 per month for a family of 4. :)They will also help you prioritise your outgoings.

[citizenB]

No, being in arrears does not prevent you from reclaiming any charges that have been applied to the account. However, they will be repaid into the account to reduce the debt. Although I understand that some people have successfully managed to have a cheque repaid to them on the grounds that they have other creditors.

[citizenB]

Flippin eck davey.. great letter you sent back. It is still puzzling though, knowing your circumstances, that they still feel they can assist you to pay the account?.

[citizenB]

Not seen one of these before.

 

What was on the other 2 pages (it says 3 of 3) ?

 

I think what they are doing is showing the amount you are in default, advising you that they arent allowed to charge interest on the default sum for 28 days (presumably this is to allow you time to pay it) but will resume after 28 days at a different interest rate. Of course I could be totally wrong. Perhaps someone like Scarlet Pimpernel would be able to advise better.

[citizenB]

Thanks Davey, useful !

 

Just to let you all know I have posted, 1st class, recorded delivery, 2 letters, one being CCA in default plus continued harrassment, and S.A.R - (Subject Access Request) in full for both OH and myself. Can I assume 14 calendar days is the same as the 12+2 working days as per original CCA request. Also the 40 days ?

:???:

 

CCA is 12 working days + 2 allowed for postal service.

 

SAR is 40 calendar days. So if you posted today, you should expect a reply by at the very latest, 22 November:D

[citizenB]

Thanks citizenB but this was a CCA in default letter, 12+2 working days for that was today, is it now another 12+2 working days for the CCA in default letter too? Thanks for working the S.A.R - (Subject Access Request) dates out for me LOL !

 

DUH !! of course it was. Sorry about that AA:oops: Because there is now no criminal offence committed by them not sending the CCA, there isnt really any timescales now. You made the request, they are supposed to reply within the timescales. They didnt, you are just now sending them a courtesy letter advising them.

 

Thank you for the click

[citizenB]

Anything to do with breach of Data protection.. speak to the Information COmmissioners Office

[citizenB]

AA, you can probably make a case for not being contacted by phone due to the fact that you have to keep your line free for emergencies with your son. Might be a good idea to speak to ReallyMadWoman or Babybear about that, they will be able to offer good advise in that respect.

[citizenB]

AA, a couple of the links you have posted take you directly to the home page of CAG ??.

 

I have copied and pasted the 3 items you want comments on below. HTH.

 

 

MBNALetter110Oct08.jpg - Image - Photobucket - Video and Image Hosting

 

 

MBNALetter210Oct08.jpg - Image - Photobucket - Video and Image Hosting

 

 

MBNALetter310Oct08.jpg - Image - Photobucket - Video and Image Hosting

These just appear to be standard "you owe us pay up, contact us by phone and we will help you pay by offering you a further loan or yell at you until you sell your first born to raise the money". letters.

Edited October 16, 2008 by citizenB

[citizenB]

boshed links, thanks CitizenB

 

You are very welcome..you wouldnt believe some of the puddles I got myself into when I first joined CAG. If it werent for the assistance of a particularly helpful CAGer, I wouldnt have an avatar

 

hiya AA99

 

in the letter 3 - it states before they insist on you disclosing your assets etc,,,,,can they actually do this? i mean another lie??

 

 

Nope, they cant. Only a court can order you to do this.

[citizenB]

hiya AA99

 

in the letter 3 - it states before they insist on you disclosing your assets etc,,,,,can they actually do this? i mean another lie??

 

 

I've already sent them a full Income & Expenditure Form showing our only income being benefits, we are Tenants, and guess what? We have no assets!!!!!!!!!!!!

 

Oh dear, guess who's gonna throw their toys out the pram when realise that :grin::grin:

[citizenB]

Dont you just love the first sentence on the 2nd page...

 

"It may be helpful to explain the regulatory environment within which we operate and how this may cause our procedures to be different from other UK credit card issuers".

 

What are they saying here?. We are a US company and our rules n regulations take priority ?.

[citizenB]

Davey, I think it is £450 now.. cost of living you understand

 

AA, you might feel it to be a waste of time but there are two things you can benefit from here.

 

1: The FOS are incredibly busy, so it will be a fair time till they get round to your complaint. However, they will provide you with a reference number which you can quote on and in response to any future MBNA correspondence. By complaining to the FOS you have put the account without any doubt into clear DISPUTE. This should hold MBNA and any DCA they choose to pass the account on to. Just a short note to them stating "This account is now under investigation by the Financial Ombudsman" usually has a DCA returning the account to MBNA.

 

2: If MBNA still fail to sort things out for you, you now have in your armory of correspondence to be able to show to any DJ.. absolute proof that you have been reasonable in trying to resolve any dispute. It is MBNA who havent.

 

Whilst in dispute a creditor isnt really supposed to add charges, etc. So you will be able to claim all that back.

[citizenB]

Have just been on National Debtline's website and they have some pretty useful guidelines. I think I am going to use their template letter to suggest MBNA take us to court......

We're living on benefits, no court fees due, interest would be frozen, we have no jobs, assets, or property. Maybe that will make them sit up and listen.......

 

I have just seen this post on RMW's thread. If you have no assets, jobs etc. Then yes, it might be worth you having them take you to court. However, as Davey has already said.. they dont that. I think to force their hand then all you can do is send one more letter there is one in the template section you can adapt.. letter F. Then just ignore future letters from them it will more than likely force them to pass the debt on and it will be a DCA who takes the court route.

 

Where exactly are they in the list of creditors ?. Do you owe more to MBNA or someone else ?

[citizenB]

Ah, thats a shame. If you could have advised them that your other creditors "to whom you owed more" had accepted token payments, it could have been a bit of leverage.

 

Never mind, send that letter out. As Davey77 will tell you.. when you want the s*ds to take you to court they wont :D

[citizenB]

Your comments in post 141. It is my understanding the FSA will be looking into Irresponsible Lending. Whether or not anything will come out of their enquiry I dont know.

 

Hmm, so MBNA are only "collectively" your largest creditor. Are they treating all the accounts separately at the moment.. or when they write are they attempting to group them together ?

[citizenB]

MBNA have tried to lump OH's 2 accounts together only recently but mine is separate. Probably because we have different surnames, although obviously same addresses.

 

They have phoned 4 times in 2 hours this morning since 8.30am. I have Caller ID now so haven't answered.

 

 

Is there any possibility you could get your number changed. Providers are usually pretty good if you say you are receiving lots of unwanted calls (dont specify). I know it can be inconvenient.. but to stop the fear of answering your own phone, I think it is worth it.

[citizenB]

Acc.No.1

 

Letter received today from Martin Supple, Head of Customer Assistance, headed CREDITOR'S NOTICE giving me till 20 Nov to respond otherwise no choice but to consider further proceedings although they don't want to take further action, court, attachment of earnings (?), etc.........

 

This guy has been "considering" doing this to me for nearly 4 months now

 

You are still waiting for your SAR stuff arent you ?

[citizenB]

Deadline was last Friday 21st and nothing yet:confused:

 

 

If it were me, I would be getting the paperwork ready to send off to the Information Commissioner.

[citizenB]

Here is the link for the Information Commissioners Office, the complaints section is to the right of the page.

 

Complaints - Privacy & electronic communication - Information Commissioners Office

 

You can send them an LBA, however if you go directly to court then you wont be able to then make a complaint to the FOS or Information Commissioners Office. I dont think the FOS deals with complaints regarding the Data Protection Act. Just the Information Commissioners Office.

 

Just thinking aloud here, you could send the LBA, advising that you will go the ICO route first

[citizenB]

If it were me, I would be getting the paperwork ready to send off to the Information Commissioner.

 

According to their office (I phoned them a few days ago) non-compliance with CCA requests is nothing to do with them but is a matter for the OFT. I then rang Consumer Direct (OFT doesn't deal direct with the public, apparently) who were charmingly clueless but took details and duly had a local Trading Standards officer call back. I wasn't actually enquiring about non-supply but about what seemed to be wrong supply, namely unsigned copies of current T&Cs. He confirmed initially that a "true copy" could be supplied instead of an exact copy of the original, and gave an 1882 court reference to what a "true copy" could be, namely something which had to be so close to the original that no one reading it could possibly misunderstand it or be misled by it [as to what was claimed to be the case].

 

When I mentioned "credit card" in passing he then said that different requirements applied to C/Cs - which, as rolling agreements, is true and duly allowed for in the Act - and seemed to suggest that because something had indeed initially been agreed and which allowed for changes - again, true - that supplying later T&Cs was sufficient, something I don't actually accept, at least not in the simple view of C/C companies and, apparently, this TS officer.

 

That aside, it does seem to be the OFT/Trading Standards' responsibility.

 

Darset, you are absolutely correct in that the ICO will not investigate non compliance wof CCA requests.

 

What AA was advised to contact the ICO for was the non compliance of his/her Subject Access Request. Ensuring compliance with that is their responsibility.

[citizenB]

LOL, thank you Macie. I knew I had seen it somewhere before. How embarrasing that it was on my own thread:oops:

[citizenB]

Hi Davey, and thank you again for your sound advice

 

Yes, I am paying other creditors because I have negotiated with them a reduced payment plan with interest and charges frozen, plain and simple and effective! How do MBNA know that

 

I am not paying MBNA for all the reasons, phone harassment, non-compliance with any statute laws with any of the official bodies, etc, etc.

 

 

They do seem to be put out that you are paying other creditors dont they.. Yes, I have received 3 of these and one email urging me to contact them as I only had until the end of the month then the author couldnt help me any more. That was in August of last year, nothing since.

 

If you are actually after a repayment plan with MBNA,then write and tell them exactly that above. Your other creditors were prepared to give you breathing space by freezing interest, accepting a reduced payment and lay off the harassment for a period of one year when you would renegotiate the repayment plan. If they would care to do the same, then perhaps you would be interested in hearing from them IN WRITING.

 

They are indeed required to send these. It's MBNA complying with the new Arrears Notice provisions introduced by the 2006 Act.

 

As for why they send them, I suspect that they may be more willing to comply with laws that allow them to chase for money than with other laws that they like less ... but, on the other hand, I may just have a very suspicious mind.

 

Yes, it's odd that they are only complying with this law but for anything else will swear blind they're governed by US law:rolleyes:

 

My actual confusion rises from the fact that they sent this when OH was at least 4 months in arrears, and then again at about 7/8 months! Not exactly the two months they are required to do. Plus, why send it twice?

 

I think possibly it's a delaying tactic from them, as they repeatedly state that at 7 months of arrears they must default. Possibly by sending these 'two month in arrears' letters, they are trying to lengthen the process so they have longer to harass us?

 

It is called "selective". Kids and the elderly have selective hearing. France and Germany are selective when it comes to EU directives, MBNA, HBOS, Cap1 and many others are selective with the laws they will comply with.

[citizenB]

The banks do seem to getting one reprieve after another at the expense of the of citizens that founded and supported them in the first instance. Makes me feel that although painful for many, and at the expense of the innocent, it might be better if the whole rotten edifice came crashing in on them.

 

If your soapbox could be used as firewood for a financial institution bonfire then I'm in.

 

A nice quote i heard once to end on: : "Guy Fawkes, the only person ever to enter the Houses of Parliament with good intentions."

 

I totally agree with you davey. When I saw that MORE of the taxpayers money has been pumped into these financial institution I wanted to scream.

 

I see no good reason why I should pay the £2.5 billiion debt to a Russian Oligarch when I have bills of my own that need paying. The bankers lent this money in the hope of getting huge commissions and bonuses.. let them pay the debt back.

 

Yes, I would vote for Guy Fawkes

[citizenB]

You still havent received a copy of the agreement though !