Muffintop v mbna

[vint1954]

I am at exactly the same point as you. 2 MBNA's CPR's ignored, SARs ignored. A few DCA's have come and gone now nothing. I too think we need to go to court at this point but am unsure how to go about it and truly scared!!

If they have ignored your SAR, you need to take this to the ICO. They can fine them if they don't comply.

[Muffintop]

I had a sar back but it was incomplete, I need to know if it was an online application for not and they will not respond despite me quoting data protection and given them a bit more time, should i go to info commissioner?

[wrungout]

Quote from Muffintop post No 443 above......"I need to ask a question and as its mbna and another card that has forced me into this position due to trashing my credit file i hope you will allow me to add it to my thread.

Due to mbna trashing my file i have had every other card which is enforceable due to the time it was taken out after 07.. withdraw all my credit, halifax inparticular dropped from 5k to nothing.

I had 3 bank accounts with heafty overdrafts and they all withdrew it and wanted it back straight away which i have now had to negotiate a drop monthly."

 

Hi Muffintop, I'm working my way through various threads learning as much as I can and picked this up from one of your posts. Could you possibly tell me how badly mbna had trashed your file at this point when other lenders pulled the carpet from under you. Was it just one or two missed payments or had mbna gone into default on your CRA. Just trying to get a handle on the sequence of events, losing your banking facilities like that must have been quite devastating.

Also this suggests that the lenders run checks periodically for them to be aware of your mbna stuff, does anyone know how often they do this or is it some kind of ongoing automated check. My concern is if I go into missing payments with say mbna does the rest of the house of cards come down as well?

Be grateful for any info you can provide, many thanks.

[lee32uk]

i dont know whereto go with my mbna claim, iv done cpr requests nothing, im way down the line with it now prob got major bad credit file, mbna dont seem to register with experian they must use one of the others. I dont know how to give it a push again and i want to get all the default charges back but this would involve going to court i think?

 

I have a defaulted MBNA account on my Experian credit report. Maybe you got lucky and it has somehow disappeared from yours

[Muffintop]

Quote from Muffintop post No 443 above......"I need to ask a question and as its mbna and another card that has forced me into this position due to trashing my credit file i hope you will allow me to add it to my thread.

Due to mbna trashing my file i have had every other card which is enforceable due to the time it was taken out after 07.. withdraw all my credit, halifax inparticular dropped from 5k to nothing.

I had 3 bank accounts with heafty overdrafts and they all withdrew it and wanted it back straight away which i have now had to negotiate a drop monthly."

 

Hi Muffintop, I'm working my way through various threads learning as much as I can and picked this up from one of your posts. Could you possibly tell me how badly mbna had trashed your file at this point when other lenders pulled the carpet from under you. Was it just one or two missed payments or had mbna gone into default on your CRA. Just trying to get a handle on the sequence of events, losing your banking facilities like that must have been quite devastating.

Also this suggests that the lenders run checks periodically for them to be aware of your mbna stuff, does anyone know how often they do this or is it some kind of ongoing automated check. My concern is if I go into missing payments with say mbna does the rest of the house of cards come down as well?

Be grateful for any info you can provide, many thanks.

hi wrung out sorri to take so long to get back 2u. i dont think mbna use experian i think they use another as i signed up with credit expert and it was only bcard that trashed my file. this was enough for other cards who prev let me 0% tart card to card to drop my credit limit like a stone and stop balance transfers, then the banks started to recall their overdrafts, this may have been coincidence from the banks but dont believe it was coincidence from the cards, this resulted in me having to go into a dmp... problem is i was living off credit and the cards were going to fall at some stage, worse though it has stopped me getting a house, new mortgage or even renting.

[Muffintop]

can someone wiser than me, tell me if i have done a sar and had it back but its unclear if its an account opened online or on paper app which makes a huge difference to cca, how can i clarify this point as its stopping me moving forward, iv obviously tried writing and quoteing incomplete sar but nothing.... shall i go onto the cpr request.

[lee32uk]

MBNA definately use Experian (Credit Expert) as I have a nice red default on my Experian account

I have experienced accounts dissapearing from my file in the past though, such as HSBC and RBS which seems a bit strange.

[vint1954]

can someone wiser than me, tell me if i have done a sar and had it back but its unclear if its an account opened online or on paper app which makes a huge difference to cca, how can i clarify this point as its stopping me moving forward, iv obviously tried writing and quoteing incomplete sar but nothing.... shall i go onto the cpr request.

Hi Muffintop,

 

What have they supplied in the way of an agreement. If you can post on here, minus personal details, that would help.

 

If it was an online application, they should provide you with a screenshot of the tick box process.

[Muffintop]

they did supply some sort of screen thing which is what made me think it was an online agreement, i will install photobucket and try to post it up, how can i get them to tell me if it was opened online, have tried the sar and writing but they wont respond. by the way checked my experian report today online and they have not put anything on my file yet despite me having two mbna agreements in dispute, although the latter has gone into a dmp to show i am making token payments should it go to court and a dj can see that i have accepted the debt but believe it to be unenforceable... the first not paid anything for around a year, cant work this out they must have slipped through the net.

[AA99]

Hi Muffintop:) I had the same problem with MBNA. I filed a complaint with ICO (online, quick and easy) and they were very helpful. They forced MBNA to finally produce the SAR. In mine, it clearly showed they had checked my Experian report and noted that I was paying other Creditors:eek:

[Muffintop]

guys i have two threads this one which is my first mbna acc which was not an onliner, and im just waiting for them to take me to court... i dont think agreement enforceable... my 2nd one is

muffintop v mbna2.... I would really appreciate you following my thread if you woiuld sub to that one too as that is my online agreement and although has been going a while i have only just got info back from mbna via a sar that it was indeed an online agreement taken out on 26.9.2006,,, now I have included this mbna into a dmp which i have now been forced to take out as per my posts above but I dont know now whether i will be able tochallange it given that the electronic something act came in i think in 2004 and my tick in the box stands as a sig, the terms and conds are just printed off, I think zhanzibar has been and is in a similar position and asking for advice how to or if even should i continue to proceed with challenging it.

[angel_1]

hello muffintop

 

long time no catchup hope you are okay

 

im back now and got my serious head back on - lol

 

been absent past couple of months illness but back and positive

 

me too have to deal with an online mbna application and so will follow your thread and others you have mentioned with more attention

 

have a sunny day and take care laters angel x:)

[Muffintop]

Hi Angel, and guys, hope you better sf.

 

Ok so im in turmoil now with what to do, as you know i chose the route as many of you did not to pay any payments until you got your cca... this seemed great at the time but has bitten me on the butt, on reflection I wish I had pursued my cca the same way but continued to pay token payments of some sort perhaps on a dmp.. why? because I would not have received any defaults on file. (actually not got any when i last looked but so dam close to one from mbna and bcard) also because when/if it went to court by them... i could show the judge that I had not reasonable and tried to show willing (at the end of the day the debt is just unenforceable not that it doesnt exist)

Instead all my creditors withdrew any credit including bank accounts and called it back in overnight,

MBNA wrote saying due to get the default, as Im going into dmp and i was told that MBNA had to be included I rang them to see if they would freeze interest, actually spoke to a woman who was very understanding... she did my income and expenditure and arranged a realistic figure with me to pay each month BUT THIS MEANT THAT ALL THE PAYMENTS THAT I HAVENT MADE SINCE LAST NOV AND LOOKING TO HAVE THE 6 YEAR CLOCK ROLLING WERE UNDONE. WHY because I had to made a payment albeit very small on both cards before they would agree to freeze the interest.. she also offered me a 6k reduction on the debt between the two cards.. I didnt take that option.

However now I have had to put them into my dmp, if I take it to court and it was found to be unenforceable then it would disappear of my dmp and my credit file but I cant take them to court as that appears to be too risky and I couldnt get after the event insurance myself as a layperson.

 

I am truly confused as to what to do now, had my sar, had no cpr returned and my only option now seems to take them to court as they wont take me as long as im making payments in a dmp... anyone can give me some advice?

[Muffintop]

Hi guys hope your all good. Bin off work with slip disc and job looking dodgy which i never thought would happen, hence not been on here much lately sorri. need some help pse. one of my cases in court on here, is asking for directions from dj or a witness statement from me? i have already given all the facts when i filed the case so dont understand why have to do it again... not sure what a witness statement looks like could someone help me out pse and i will give you my e mail add to send a template one too.

As far as MBNA goes, had to put them into a dmp,, for reasons above, this doesnt mean I am not proceeding but more to the case dont know how to proceed now, had everything apart from a cpr reply and dont know which way to go next, they have frozen all interest so they are unlikely i think to now take me to court as sf has had.

[ifoughtthelaw]

Hi Muffintop

 

Sorry to hear you've not been well. I dislocated my knee last year and that was painful enough so I sympathise fully!

 

I think the witness statement is just an elaboration of the defence where you go into all the nitty gritty of the argument. A 'beefing up' of the defence statement I think someone said!

 

From what I can see from advice on here there isn't really a template as it should be based on your own personal circumstances and you should understand fully what you are arguing if you're using case law etc. It's the next stage for us so I've been looking around the forum to see examples and layout etc. There's some good ones around - I'll see if I can link them to you tomorrow.

 

IFTL x

[Terrier7]

Hi again all,

Thought I would update. MBNA have not even bothered to chase me since I stopped paying their solicitors at least 14 months ago. I sent the usual stat request docs, no responses of any note yet!

Other claims - a DCA has stated things contradictory to that stated by the original creditor, guess what that's done to their credibility! I expect to have very good news for all soon, 2 cases are due to go to Court (after a very lengthy process!) but on one, their solicitors are now 'considering their position'. Can't give too much away currently as you can appreciate but it is along the lines in my previous threads! Will update more as soon as I can, dying to tell!

keep smiling,

T7