My Dad Vs Halfords (MBNA)

[FredFerret]

Hi All,,

 

I am looking into some of my Dads alleged debts following a nasty cnversation he had with MBNA,

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?309593-Helping-my-Dad-with-MBNA-Mint-Halfords-%28MBNA%29-amp-AA

 

I have been advised that it would be better to SAR them (As opposed to CCA), Does anyone have any idea which of the many SAR templates would be best to use?

 

I will start a thread for each one of the Creditors as I sent the SARs to him to send to them

 

Thanks All!!

[FredFerret]

Ok,,, I will be sending this

 

ref :- XXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreements and any terms and conditions that applied to the accounts at the time the accounts were opened.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the accounts, including the insurance contract and terms and conditions, dates they were added and deleted. (if applicable).

 

5. Details of any collection charges added to the accounts; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

6. Specific details of any charges levied by any other agency in respect of these accounts and a detailed breakdown of said charges and what each charge relates to and on what date said charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement/s.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Mr Ferret Snr

 

One question though,,, He has two with MBNA (This one being through Halfords (Which was sold to him without him know it was a credit card!)and the other direct with MBNA)

So I know this SAR can do both,, but will I need to send £10 each or just the one?

 

Thanks All!!

[HardYards]

but will I need to send £10 each or just the one?

 

[/font]

 

Hi again, Fred.

 

I'm sure someone will correct me if I'm wrong but for a SAR it's just the one payment of £10 to MBNA which is for all the stuff they have re your Dad.

[ims21]

Hi there

 

Just one payment of £10 to get all of the data a company holds on you.

 

ims

[FredFerret]

Hi Hywl!! cheers mate,, I thought it was,,, and thanks ims for the confirmation!!! ill get the others typed up for him to send today!! thanks again!

[FredFerret]

Ok all

 

This is ready to send tomorrow,,,

 

 

All good so far yeah?? Just need to make sure all this is being done right?

 

Thanks All

[FredFerret]

hhmmm ok,, its a little small,,, Ill look into it tomorrow,,, got to go out now?!?

[FredFerret]

Hiya All,,, Well Well Well,,, It appears that Haflords/Mbna have a CCA. We received the SAR last week ans there is what looks like an enforcable CCA in there,, My Dads scanning it at the moment as our scanner is not working and when done will put it up on here to be checked.

[Bazooka Boo]

OK, the enforceable argument is a non starter, in light of various cases, rankine carey etc.

 

What would be another angle of attack is to see if there are any charges or fees/ppi that have been added to the account which can be reclaimed and used to offset the total owing.

 

The only other thing to do would be to complete your own I&E form and see exactly what is a "realistic" & "comfortable" amount to offer them per month. It matters not how small it is, you don't need them to agree to the offer, they get what they are paid.

[FredFerret]

Hi Bazooka,, Yes, As long as there is a CCA he is fine to pay,, there is no PPI as he never took out any insurances,,, so it looks like this one will get paid off

[Bazooka Boo]

Then he should ONLY pay what he can realistically and comfortably afford to pay each month, don't allow them to dictate the level of payment, it's not up to them.

[FredFerret]

Cheers Bazooka,, Ive already told him that,, Ive drawn him up an Income/Expendature form to send to them. Thanks Man

[Bazooka Boo]

Whilst they have no legal right to view such a personal confidential document, it may help your dads situation.

 

However use one of the following I&E templates. (NOT THEIRS!)

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

[Ford]

fred

if doing the I and E, note the bankers Lending Code which says that they

'...should consider reducing or stopping interest and charges when a customer evidences that they are in financial difficulties. Such reduction/suspension decision should be based upon an income and expenditure statement indicating that they are unable to make repayments sufficient to meet contractual terms. Where a customer is able to make only token payments, their debt should not increase as a result of interest and charges levied. The assessment should reflect the customer’s lack of ability to pay rather than the stage an account has reached in the arrears cycle or whether they are using free sources of debt advice. Where a firm declines to allow concessions, they should be prepared to explain why to the customer or their adviser if requested to do so.'

[intend]

Good point Ford - IMHO Lending Code not used enough as leverage.

 

Intend