MBNA/Reston threating court action

[jason_mnm]

I have sent a letter today Restons informing that I have requested Subject access request to MBNA and I will defend any court claim .. Hope if they have common sense after looking at my list of creditors and looking at my credit file they will not use court action...The guy dealing in my case do sound sensible when I talked to him last though he kept insisting he will take court action.. Hope he is a human being with good sense.... If he does send CCJ claim form I will defend and also make sure MBNA get huge fine for dealing my case in this way.. I will refer you to recent BBC news where a lenders has been fined £2.8m for mistreating customers to collect debts...

[jason_mnm]

Also should I sent a letter now to MBNA that I want to claim any unlawful penalty charges..and should I tell them I want to complain to FOS for the way they are trying to collect the debts with reference to the said letter where they asked me to remortage the property.. Also will any of you kindly send me a link of an legal issue to refer that such proposal is illegal...

[mark_18]

Removed

Edited January 7, 2010 by mark_18
Removed at the request of Restons

[slick132]

See the OFT Debt Collection Guidelines at Link No3 in my signature.

 

Section 2.6(b) - Examples of unfair practices are as follows:

 

.... Pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing.

 

Remember, though, that these are only guidelines and you can't rely on them as a basis for court action.

 

Edited December 31, 2009 by slick132
typo

[jason_mnm]

Thanks slick.. I also read some stuff from the newspaper of Independent.. then I contacted FSA , the person advised me to complain to MBNA first for the way they are using to get payments out of me and told not to lose any proof that I have and if they do not do anything he advised me to complain to FSA and FOS... and he said he is pretty sure MBNA will get huge fine for this as GMAC was fined for same reason...

[jason_mnm]

I will draft a letter and will seek ur advice.. in the meantime if you guys do have any draft letter that I can use will you kindly upload here. Your kind help will be much apprecitated...

BY the by wish you all Happy New Year and for peope like me hope in New Year we are not going to be depressed ...

[slick132]

Hi Jason,

 

A very Happy New Year to you.

 

Post a draft letter here if you want it looked over.

[jason_mnm]

Hi slick I have drafted the letter. Is ther anyway I can send it to your email address, as I believe other party is keeping an eye on me in here.. and this letter has personal info...Please let me how can i get this draft complain letter to MBNA reviewed for your kind advice...

Edited January 5, 2010 by jason_mnm
to adjust

[slick132]

Haha,

 

Replied to you by PM at 00.28hrs but you logged off at 00.24hrs.

 

[jason_mnm]

hi slick just sent u mail with letter..plz let me know...

[jason_mnm]

Slick waiting for your reply. I could not sleep last night, feeling sleepy, will be back to see ur reply if i cannot get sleep..Many thanks...

[slick132]

Hi Jason,

 

Letter rec'd, amended and sent back to you.

 

I hope you do as I suggest and put it on your thread so others can comment.

 

[jason_mnm]

This is the letter I am sending to MBNA to complain the way they are trying to collect the payments from me which is against OFT and FSA guidelines. Just wondering should I not refer to section 40 of the Administration of Justice Act 1970 for harrasment of myself and family and also GMAC-HFC was fined by FSA for mistreating customers who were in arrears.

Let me know if you guys think anything I should add with this letter :

 

To,

MBNA Europe Bank Limited

Chester Business Park,

Chester CH4 9FD.

 

Dear sir or madam,

 

FORMAL COMPLAINT

 

Credit Card Account: xxxxxxxxxx

 

Account: xxxxxxxxxxxxx

 

I am awaiting your responses to my CCA request of xxdate and to my SAR of xxdate.

 

Until you provide me with this information, please ensure that Restons take no further collection action, in accordance with the OFT Debt Collection Guidelines.

 

I must also object, in the strongest possible terms, to a letter received from Debt Clear Recoveries which suggests that I borrow from relatives or re-mortgage to raise funds to pay my debt. This is in clear breach of the OFT Debt Collection Guidelines and will be reported to the relevant authorities.

 

I must ask once more that you consider my proposal to repay you the sum of £xx per month, in line with my proposal sent to you on xxdate. Other creditors have accepted pro-rata payments and it would be in both our interests if you would do the same.

 

You should also know that there is no equity in my mortgaged property, which is the subject of a Tomlin Order in favour of another bank.

 

I hope you will reconsider my offer to pay you £xx per month and I must also now ask that you stop adding interest to the account, so I have a chance of reducing the balance owed.

 

I will not repeat other information already given about my personal circumstances and financial difficulties but hope that you will reconsider my request favourably. If you and/or Restons accept the payments which I offer, you will be repaid.

 

If you persist in demanding money that I cannot afford, or take court action against me, I will have no choice but to defend my position vigorously.

 

Yours faithfully

Edited January 6, 2010 by jason_mnm
correction

[slick132]

Hi Jason,

 

Certainly you can add other items to the letter, but try to keep it brief so it remains concise.

 

[diddydicky]

personally i would send the offer of payments in a separate letter not t admitting liability and without prejudice

 

being devils advocate, if i were the creditor i would say that your letter is a clear admission of liability and that your cca and sar requests are purely fishing excercises to look for loopholes in the event that your offer is not accepted

 

if i were the judge i would be inclined to agree with that proposition!

 

IMO of course

[jason_mnm]

what is IMO dicky?

[jason_mnm]

Today I recieved reply from MBNA on my SAR request: the letter says:

 

''Dear Sir,

 

Thank you for your request to be provided with personal data pursuant to the Data Protection Act 1998.

For security reason we require you to provide a form of positive identification (an example of acceptable identification would be a copy of a driving license or passport which includes the main cardholders signature). Although statement information has been sent to you at your address a current postal address is not adequate form of identification. Due to the amount of personal information MBNA will be sending in the subject access request, including bank details, security information, places of birth and dates of birth, we would require extra identification from our customers.

 

Your sincerely,

xxxxxx

Compliance Department

 

Now please advise should I send them copy of my passport or the templete letter not to honour such request....

[pompeyfaith]

Imo =in My Opinion

 

Imho = In My Humble Opinion

 

Pf

[pompeyfaith]

Although statement information has been sent to you at your address a current postal address is not adequate form of identification.

 

What are they doing then if they are not sure its you.

[diddydicky]

Dear sirs

 

please advise me by what authority you have been exempted from the provisions of the data protection act and by what authority you have been given permission to decide which sensitive information subject to the DPA you may or may not provide to a customer who you have been sending such information to on a regular basis over a number of years

 

you have sufficient identity and the clock ticks

 

i believe the fine for non compliance is 5000 pounds!

[jason_mnm]

Hi. dicky.. can u suggest a draft letter that i can send to MBNA now plz...

[slick132]

Hi Jason,

 

Reply with the template letter for this, or with DD's version above - as long as you reply to say you don't have to supply any further ID and they have your address and you await their reply by xxdate.

 

Edited January 10, 2010 by slick132
typo

[jason_mnm]

In the following template letter it is the response when Bank refuses CCA request for signature. Can you kindly advise what letter should I write when Bank refuses Subject Access Request for signature...

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S77/78** request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principle of data protection, listed in Schedule 1 of the Data Protection Act 1998.

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expired on xx/xx/2008. I note that there is no provision that removes the requirements of the Act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

Regards

 

Print dont Sign

The bold sentence talks to supply additional proof for subject access request, am i right?.

Please advise what letter should I sent to MBNA on their above letter where they want my signature for subject access request..

[slick132]

Hi Jason,

 

When you PM'd me earlier about this, I thought you said Restons had refused to supply data BUT they also said SAR should go to MBNA.

 

So just send the SAR to MBNA to speed things up.

[jason_mnm]

As I told you, First MBNA send me the letter that I put in this thread where MBNA asking for my signature for the subject access request to be honoured...

 

so what should I sent now to MBNA on their request...Wait for your reply Slick..