Haggis v MBNA - Enforceable Agreement?

[haggis1984]

Thanks vint

[haggis1984]

Where does it say that if they incorrectly terminate they can only collect the arrears, and not the full balance?

[BornAgainBiker]

subbing

[haggis1984]

Where does it say that if they incorrectly terminate they can only collect the arrears, and not the full balance?

 

Answered my own Q:

 

Consumer Credit) Enforcement, Default and Termination notices) Regulations 1983,

[haggis1984]

Wow, fun saturday night, letters to post on monday:

 

1. Complaint to ICO re sharing of personal info with Lowell;

2. Acceptance of unlawful recission to MBNA;

3. CCA request to Lowell;

4. Letter to Lowell re unlawful recission and entitlement to only alleged arrears.

[diddydicky]

here

 

 

Royal Courts of Justice*

Strand

London WC2*

 

 

Tuesday, 14th July 1998*

 

B e f o r e:*

 

LORD JUSTICE KENNEDY*

 

MR JUSTICE SUMNER*

 

 

and here

 

 

WOODCHESTER

 

- v -*

 

SWAYNE & CO*

[barclayhunter]

Subbing before I start the same path...

[haggis1984]

Thanks for that info DD.

 

ICO previously found that HFC had breached DPA by failing to satisfy my SAR. Ive since moved house (but have a mail redirection in place with Royal Mail). HFC have refused to accept my new addy from the ICO and are insisting that I write to them with it.

 

Can I make this letter an LBA? If so how much time should I give them to respond? Getting seriously frustrated with them now.

[diddydicky]

i would advise against starting actions against creditors

 

i would advise against sending LBA's unless

a/ you mean it and

b/ you know what you are doing

 

 

sorry- i'm not much help on that side of the fence as i never go there!!

[haggis1984]

Me either! Seems like I havent got any choice if I want them to respond to my SAR.

 

HFC aren't actually my creditor anymore if that makes any difference - the account transferred from them to MBNA over a year ago.

[diddydicky]

i might do them both in the hope that they may contradict each other or that MBNA may have recorded information in a way/date that does not correspond with what the OC has

 

worth 20 quid in my book

[haggis1984]

Think we've crossed wires DD:

 

Already sent SARs to both, and consequentley complained to ICO on both. ICO still investigating MBNA, but have found that HFC breach the DPA. Inspite of this HFC are still playing silly buggers and constantly stalling.

 

Moved house since sending SAR (at least 6 months ago). ICO have now advised that HFC wouldnt accept my new address from them, and that I need to send it to HFC who will then release info.

[diddydicky]

my fault- flicking through the threads and not re reading them

[diddydicky]

Think we've crossed wires DD:

 

Already sent SARs to both, and consequentley complained to ICO on both. ICO still investigating MBNA, but have found that HFC breach the DPA. Inspite of this HFC are still playing silly buggers and constantly stalling.

 

Moved house since sending SAR (at least 6 months ago). ICO have now advised that HFC wouldnt accept my new address from them, and that I need to send it to HFC who will then release info.

 

so send it then!!

[haggis1984]

Lol - send the LBA?!

[diddydicky]

Lol - send the LBA?!

 

no, the new address

[haggis1984]

That was quick - sar just arrived via DHS. from HFC

 

Pretty much useless - none of the info I asked for. No sign of any credit agreement or application form.

[haggis1984]

Oh and got turned down for a halifax reward current account Couldve used that £5/ month

[supasnooper]

That was quick - sar just arrived via DHS. from HFC

 

Pretty much useless - none of the info I asked for. No sign of any credit agreement or application form.

 

 

Then take them to Court for compliance.

 

Here's how FUAFB did it against LTSB.

Most of it is usuable against ny creditor that fails to comply with the Data Protection Act - http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/208966-me-them-sar-non.html

[haggis1984]

Hi snoops, and thanks Gonna absorb that thread later today.

[haggis1984]

Main thing I need to find out is whether or not HFC have a credit agreement, and whether or not they supplied it to MBNA. Do you think I can get the info by taking them to court for SAR non-compliance?

[vint1954]

It is very unlikely that they have one. Maybe a microfich copy. They only copy the front though.

[haggis1984]

If thats the case I was going to make a complaint to the ICO that HFC did not have my permission to pass my personal info to MBNA when they sold the account. What are your thoughts?

[Dotty50]

Mine came via HFC, Haggis, originally an Open University card with Beneficial.

 

Just sent SAR to MBNA, will be interested in what they produce.

[haggis1984]

Have you SARd HFC Dots?

 

And have MBNA informed you that they are trying to obtain the original agreement from HFC? They told me this over 6 months ago