SB100 v MBNA ( Link have issued proceedings )

[SB100]

Hi all,

 

I'm about to start action against MBNA as the charges on the CC are ludicrous.

 

Firstly, do I do the CCA request before anything else, and, sencondly, what address do I use for MBNA?

 

Any help greatly appreciated... I've been a member on the forum for a while now (with a different username- have re-registered as the old name might have given out too much info).

 

Thanks

 

SB100

[PGH7447]

you need a SAR not a cca

[SB100]

Thanks for that.

 

Now I'm confused. I thought I requested a CCA first to see if its enforceable?

 

Not sure if its relevant but I'm currently up to date with payments etc.

[PGH7447]

send a sar and request the statements and agreement

[SB100]

Ok thanks, will do that today. I've had the account an awful long time, and it has quite a big balance on it, so the charges could be interesting....

 

Now I have to go and find out how to do an SAR

[PGH7447]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

[SB100]

You're a star, thank you

[banker_rhymes_with]

Hello SB100!

 

I'd do both, just to cover all angles. Others have helped already with some of what you need, but I typed all this so I may as well Post it!

 

Assuming it's a Credit Card (from the CC bit above), then you need to send a s78(1) Request to see a true copy of your properly executed Regulated Credit Agreement. Not to mention seeing the Original Terms and the most recent Terms if they have changed, i.e. if the Original Terms allowed them to vary these Terms to produce later ones.

 

That costs £1 and send that via Special Delivery. You need the Letter N from here:

 

Creditors and DCAs - Letter Templates & Budget Planner

 

They get 12 Working Days to respond from the Day they receive your Request, but allow +2 Working Days to cover their Postage back to you. Note Working Days, so do not include Weekends or Bank Holidays.

 

If they blow that, then they are in Default of your Statutory Request, and the alleged Debt is in clear Dispute, as they have failed to produce the Document that confirms an Agreement exists.

 

However, because the bankers piddle around with these requests and try to bend the rules in various ways, sending them a SAR is also wise, as that should let you see the Agreement from a different direction.

 

A SAR costs £10, and make sure you ask for absolutely everything, including the Kitchen Sink. Send that via Special Delivery as well. They have 40 Calendar Days to respond. That includes Weekends and Bank Holidays. Here's the CAG Template:

 

1. Data Protection Act, Subject Access Request letter - List of charges

 

In both cases, I'd add a statement that you are sending a Statutory Fee in each case, and it is not a Payment that is being made towards any Debt. What they do with the fee is up to them, but if it appears as a reduction of the alleged Debt's Balance, then that is a Gift. How nice of them.

 

That stops them from slipping the Payment onto the end, to try and start any Statute Barred 6 Year Time Limit from that Payment instead of from your last true Payment.

 

Finally, as MBNA love to give out a good solid dose of Telephone Harassment at the drop of a hat, I would add a paragraph or two in either Letter to advise against Telephone Harassment, and to deny them any right to send around Doorstep Callers.

 

Use the text from the following CAG Telephone Harassment Letter:

 

Harassment by telephone - response letter

 

I don't think there's a CAG Sticky for the No Visitors Text, so use this as needed:

 

In the event that you intend to escalate the above Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees or Agents or Representatives to visit me at my property and, if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

 

If you need any help with any of the above, just Post here, and someone will jump in to help I am sure.

 

Cheers,

BRW

[SB100]

Thanks for that BRW. As I've already prepared the CCA letters for this card and my other cards I'll send them anyway- rather than waste the £1 postal orders!

 

I've also received a very helpful PM from PGH7447 thank you both for your assistance.

 

I'm assuming that I continue to make all payments as they fall due until they are deemed in breach of the CCA request? I'm maybe coming at this from a slightly different persepective than many, in that I can just afford the repayments, but the new MBNA rates are making things extremely tight for us, and, for what its worth, taking the mick.

 

Are the CC companies likely to do anything daft in response to my CCA / SAR requests? This is the bit thats made me hesitate- they've been on my desk for a week. I don't want to make things worse...

 

Thanks again,

SB100

[PGH7447]

I would continue the payments until you get all the relevant facts, this way is stops them passing it to a Disgusting Cretin Agency

 

[SB100]

Ok, thanks

 

Anyone know the correct address?

[PGH7447]

Stansfield House, Chester Business Park, Chester CH4 9QQ

[banker_rhymes_with]

Hello SB100!

 

PGH7447 is on the ball and quite right.

 

I'm assuming that I continue to make all payments as they fall due until they are deemed in breach of the CCA request? I'm maybe coming at this from a slightly different perspective than many, in that I can just afford the repayments, but the new MBNA rates are making things extremely tight for us, and, for what its worth, taking the mick.

 

Are the CC companies likely to do anything daft in response to my CCA / S.A.R - (Subject Access Request) requests? This is the bit thats made me hesitate- they've been on my desk for a week. I don't want to make things worse...

 

 

Sadly, it is a one way trip with low life bankers like the MBNA when you start to question their authority to screw you for excessive Interest and charges.

 

Indeed, looking at this another way, they started it when they raised your Interest Rate to the current level. I'm guessing you are now on either 24% or 35% perhaps?

 

One tactic is to write to them and demand a reduction in your Interest Rate. They may well do it.

 

There isn't really a nice way of saying this, so I'll just say it...once you start fighting them, you need to know there is no going back. I doubt they will allow it, as now you'll be classed as trouble, and a Card Holder who is close to the end of their productive lifespan in terms of offering them regular Monthly Payments.

 

Now they will have their bulging greedy eyes on the end game, and that means ramping up your Rates as high as possible, to bleed you while you are still willing to Pay, and then to inflate the end stage Debt when you can't or won't Pay.

 

They want the final total to be as high as possible, to Write that off against Tax, and to get the most they can from a pond life Debt Collector when they sell it on.

 

Watch them like a Hawk now, and keep everything in writing and keep all Envelopes they send to prove any Letter Date Back Dating and/or Postal Games they play.

 

Good luck with your battle.

 

Cheers,

BRW

[SB100]

I suspected this was going to be the case. I think I may do these one at a time- stagger the CCA's and SAR's- just in case they kick so hard that I can't cope. You're quite right about the interest rates; I've been a customer of MBNA for well over ten years, never missed a payment, never gone over my limit- and I am now paying 34%- so I'll start with them! Theirs is, coincidentally, the highest balance as well!

[PGH7447]

Could not have said it better myself Banker-Rhymes:D

[SB100]

Well I'll grasp the nettle and see what happens. From what I read on the forums, MBNA seem to be the most tricky, and as they already have me on punitive interest I may as well tackle them first. The others are HFC (John Lewis & GM), NatWest (2x) and Cap1. I'll start separate threads as I start action, but any comments on the likelihood of valid CCA's? All the cards are at least ten years old, no missed payments, no defaults.

 

Thanks again

[SB100]

12 days was up yesterday- and no CCA so far.

[SB100]

Ok, still no CCA.

Do I send the dispute letter now?

Thanks

[PGH7447]

Yes would be best

[SB100]

Well, can you guess what was waiting for me when I got home???

 

No, not the CCA- BUT there was a response to my SAR request.

 

All they've sent me is several pages of transactions since 2002- and nothing else, apart from a covering letter saying they're fulfilled obligations etc etc- and they sent back my payment!

 

I'm guessing that they don't have the CCA. What do you guys / girls reckon?

 

Thanks

[citizenB]

MBNA insist they do not have to retain statements for longer than 6 years. The tax office say they will have trouble proving the figure on the first statement they have provided you with is the correct figure without prior statements. Therefore you could dispute that should they attempt court proceedings.

 

I would have said if they had a copy of the agreement, then they would have provided you with it ?. Dont take anything for granted though.

[SB100]

I would have said if they had a copy of the agreement, then they would have provided you with it ?. Dont take anything for granted though.

 

My thoughts exactly... I would have expected something- even an application form- to be included with the SAR, but maybe they don't even have that?

[SB100]

Has anyone got a good 'dispute' letter I can send them - maybe one that refers to the fact they haven't replied to my CCA request, and didn't even include it with the CCA?

 

Thanks

[angel_1]

hiya SB100

 

well welcome to the mad world of mbna and us.....;lol

 

i did get the cca or supposed copy of a valid cca with my sars, i was actually surprised but got it under seperate cover too for my cca request, however, im disputing the validity of mine due to it being illegible and even trading standards couldnt make it out too clearly!

 

and you did mean that they didnt include it with the SARS??? not cca

 

hope others will come along for you for better advice now

 

However in the meantime if you want to take a look at a letter that may be suitable, post no 35

on the below link

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133960-1st-credit-failure-produce-2.html#post1582886

 

but good luck and ive subscribed on your thread,

 

ciao for now MAZ

Edited November 5, 2008 by maz1964

[SB100]

No CCA from the CCA request, and no CCA with the SARS either...

 

Thanks

SB:)