Need help with my situation

[BRIGADIER2JCS]

Hello,

 

I have another query regarding MBNA.

 

what does the following actually mean?

 

"Scottish add - unable to sub litigate csi - edu further calls and letters"

 

this is contained in the incompleted SAR that I got back from MBNA

 

Thanks

 

Not exactly surebut it seems that you have a Scottish address

so litigation is not possible???

Refresh my memory how old is the debt and when was

the last payment or acknowledgment in writting made?

[Mehim]

Hello Brigadier2jcs,

 

one is MBNA other is MBNA/Virgin, I stopped paying them June 2009, The CMC I was using then said both were unenforcable.

 

Both accounts have had incomplete SARs sent to me, both were sold to Experto. Things have gone very quiet on all fronts.

 

I did get call from Experto in December saying I hadn`t responded to there last letter, which I never received. They said they would resend it recorded delivery but it hasn`t arrived.

 

Neither has been paid since June 2009 Just a merrygo round of letters and calls. Both have had offers from Experto of 30/35% discounts, I did ask one chap for 95% discount but he declined me.

 

Thanks for the responce

[BRIGADIER2JCS]

Ok, are you resident in Scotland??

[Mehim]

Yes, I have always lived in Scotland

[BRIGADIER2JCS]

Ok I have asked for help on the Scottish/litigation note.

[Mehim]

"Scottish add - unable to sub litigate csi - edu further calls and letters"

 

I have in one letter pointed out to Experto that they should check why accounts are in dispute before purchasing them. Next time I write to Experto, if I ever do I might point out the dates to them.

 

I have suggested that they send it back to MBNA, they told me that MBNA confirmed that there were no outstanding problems with the accounts.

 

ty

Edited January 29, 2012 by Mehim
Spelling, grammer

[Mehim]

many thanks for your input Brigadier2jcs

[BRIGADIER2JCS]

Let me know of any developments.

Brig.

[Mehim]

I am thinking of requesting the missing information from the SARs and also making a complaint regarding them being incomplete.

 

Someone gave me a link to a thread where this had been done, I was going to follow the trail there in regard to the SARs.

 

These bandits should realise that being honest with clients would be more helpful to them. I was happy making payments until they started messing me about. Now they have awoken a burning fire inside me to let them reap what they sow

 

I will keep you updated as things happen but I`m not holding my breath. it is fast approaching 3 years since this started.

 

Thanks again

[citizenB]

Mehim, you should write to MBNA (Data Controller) and advise you believe the SAR is incomplete. Give them 14 days to provide the missing information (if you know what it is then list it). You then have the option of a complaint to the Information Commissioner or issuing a claim against MBNA for non compliance. I dont know if you would follow the route that the person in the link below did.. as you are in Scotland.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

 

Make it quite clear in your letter that the information you are requesting is NOT a new SAR and should be provided under your original request.

[Mehim]

Hi CitizenB,

 

I have read that thread a few times now, brilliant result.

 

As I say, I have not had one completed SAR out of 8 that I have sent, most are incomplete in some way or another and one, CITI have totallly blanked me regarding it.

 

The company they sold the account too have amazingly sent me an incomplete SAR (along with extra statements from the date that CITI stopped sending them and for the time they have had the account. Once CITI stopped sending statements in May 2010 I have never received another one from anyone but Opus have somehow produced statements from CITI, Oct, Nov 2010 then Statements from Opus Jan 2011 to Nov 2011

 

This is now in the hands of Cabot since May 2011 and it appears that they are adding interest or something to the account. (Yet Opus sent statements till the end of 2011 with no added extras)

 

I have resent letters to some of them and again only got some of the information, Barclaycard even told me that I would need to pay £3 a statement, I have still to reply to that comedian.

 

Not one has managed to produce a copy of an original CCA, 4 out of the 7 have sent application forms which do not have all the required information on them.

 

I will send to them all giving the 14 days and then continue on with a complaint about each.

 

Many thanks for the help.

[citizenB]

Barclaycard might even tell you that they dont have to provide them because they are on microfiche and that microfiche is not a relevant filing system. The ICO doesnt agree with them .. so if they try that one on you next, let us know and I will hunt out the ICO judgment !

[Mehim]

Hi Again CitizenB,

 

Got 5 letters done requesting that the SARs be completed within the 14 days or I start making complaints.

 

One of them I will be making a complaint about for the appearance of a new account no and copy statements that have never been sent to me.

 

The 3 Barclay ones I had already written to them asking for the missing information.

 

Thanks again for the advice.