MBNA Charges as a result of PPI inflating balance***Success Claim Won ***

[ims21]

The interest in restitution figure is the interest figure from the spreadsheet. You should specify it in the letter before action rather than leave it out.

 

Change the references from "Letter Before Claim" to "Letter Before Action".

 

You don't need information on how much the debt was sold for...even if you did request it they will not provide it.

[Guest alan703]

Do I not have a right to any nformation as part of the subject access request regarding my account being sold on? My personal data has been passed to another company???

[ims21]

You should have received a Notice of Assignment when the debt was sold on. That is all they need to provide.

 

You won't get the actual value of the transaction...that is regarded as private commercial business.

[Guest alan703]

Otherwise,

 

Is my letter ok and complete?

 

Thanks for the help.

[ims21]

Just getting someone else to double check it....bear with

[Guest alan703]

You should have received a Notice of Assignment when the debt was sold on. That is all they need to provide.

 

You won't get the actual value of the transaction...that is regarded as private commercial business.

 

Pretty sure there is no such document in my subject access request - another piece to inform the ICO - thanks

[ims21]

Yes your lba is good to go subject to the adjustment about interest that I mentioned above.

 

As regards the NOA, they may well not provide a copy of this and will just need to say that one was provided which seems good enough. There are other threads on this on CAG.

[Guest alan703]

Thank you very much.

[Guest alan703]

Restitution interest added and totalled.

Now reads Letter Before Action

Sent Special Delivery

 

Now wait.......

[Guest alan703]

I sent the LBA 10 days ago. Giving them 14 days to respond because I thought I better appear to be reasonable if it goes to court.

 

Today I received a standard response courting a NEW reference number and notifying me they will issue a response in 28 DAYS.

 

I called to verify what the new reference number was, and was informed because my last complaint had been closed, they opened a new one. I politely informed them they have 14 days not 28 days, and that failure to comply will result in my filing my court claim.

 

So, given that they have 3 days left, and a response looks unlikely, how should I prepare my claim to the court? I'm going to have it ready to send on day 14.

 

I am going to use the Money Claim On-Line facility. It gives me 1000 characters and the option to forward particulars of the claim to the defendant on a separate cover.

 

A brief description of my claim would be that they have unlawfully taken mone yfrom me in the form of Credit Card Penalty charges, which did not reflect a genuine pre-estimate of their actual costs they had incurred.

The detailed particulars I would imagine to be the same information that was in the LBA?

Could I include that MBNA did not respond satisfactorily to the LBA, nor did they supply me with the information it asked them to provide me with.

[ims21]

Have a look at Shelley,s thread in the Barclaycard successes forum.

 

Although different banks will deal with things differently you will find POC there and the full process.

 

MBNA may not give in before court but that thread will give you some detailed information.

[Guest alan703]

Right,

 

I am altering Shelley's POC to suit me, however.

 

There is a lot of reference to the "Regulations" and Terms and Conditions.

 

With my SAR, MBNA failed ot provide me with the Terms and Conditions. They say they did - but what they actually gave me was Financial and Related conditions, which clearly state

 

Set out in paragraphs 1-12 below are some of the provisions contained in Conditions 8 & 9 of the MBNA Credit Card Terms and Conditions. The other conditions refered to in those paragraphs can be found in those Terms and Conditions.

 

What I have been provided with makes no reference to default charges, which I assume I could find in the document they refer to as MBNA Credit Card Terms and Conditions

 

Shall I proceed without having the terms and conditions, and assume that all terms and conditions are similar? OR should I point out MBNA have failed to provide these, both in the SAR request and the LBA?

 

For Schedule 1 can I just attach a copy of the Financial and Related Conditions that MBNA supplied with the SAR - save me typing it out word for word.

 

I''ve attached what I've done so far - if anyone would care to read and comment please and thanks. I have not finished the Schedules, it is the main body I have done.

MBNA POC.pdf

Edited August 29, 2012 by alan703

[ims21]

You could have a look here for T&Cs

 

http://www.consumeractiongroup.co.uk/forum/content.php?463-Mbna-Agreements-application-Forms

 

You might also find a lot of useful information in the MBNA Stickies

[Guest alan703]

Link says I don't have permission to access the page?

[Guest alan703]

Where do I find it to navigate directly to it rather than follow the link?

 

Today is day 14, so want to put my court claim in over the weekend.

[dx100uk]

i think that is siteteam only sri.

 

i'll ask

 

dx

[Guest alan703]

Thank you - would be very much appreciatedz

 

I was reading another post that suggests the information I'm looking for - cost of charges, reason I could be charged etc should be on the signed page of the credit agreement.

 

I just need the correct information on their charges clauses at 1998

[citizenB]

http://s306.photobucket.com/albums/nn261/citizenba/MBNA/1998%20MBNA/

 

I think this link will work.

 

There are not many documents for 1998 - I will keep this link open for 24 hours.

[Guest alan703]

Thank you - The documents do not blow up very well, but from what I can see, they are very similar to the ones I have.

 

The financial terms and conditions do not mention late payments, exceeded credit limits etc.

 

Although they mainly rejected my claim due to being older than 6 years, The letter they sent, said that £12 was agreed by OFT blah blah blah.

 

Pretty irrelevant really, as if they bothered to look at the statements, they would see the charges rise from £18 - £25 between 2001 and 2004, so they can quote £12 all they like.

 

Do you have any thoughts on my POC so far, and how would you word the bits that make reference to the terms and conditions which I do not posses, and likely nor do they.

[citizenB]

Have you read the Harrison v Link judgment ?

 

 

Harrison v Link Financial Ltd ALL ER (2011) - 2.pdf

 

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

 

 

This Judgment dealt with the "terms and conditions" or lack of.

 

I think you should also be aware of a totally unconnected situation which has just arisen regarding PPI claims.

 

Whether or not it has any implications for you, you should still be made aware.

 

From post 18 onwards in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?322136-Harrison-v-Black-Horse&p=3964726&viewfull=1#post3964726

 

And another link that is being updated

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363750-Mis-sold-PPI-appeal-fails-to-reach-Supreme-Court&p=3965075#post3965075

Edited September 1, 2012 by citizenB

[citizenB]

This is from the POC posted earlier.. you appear to have information in respect of B/card.. ??

 

4. each month you must make a minimum payment. This will be; (a)3% of the statement balance for Initial Visa, First Classic and Classic and 2% of the statement balance for Gold Barclaycard and Barclaycard Platinum or £5 whichever is more; or if the statement balance is less, the statement balance; or (b)If a special promotion allows you to put off making repayments for a period, the amount worked out under (a) but with the relevant promotional balance taken away from the statement balance. The minimum payment must be received by us and paid into your account on or before the payment date.

[Guest alan703]

This is from the POC posted earlier.. you appear to have information in respect of B/card.. ??

 

 

 

I have Barclay card info as I have not finished altering that part - largely due to the lack of terms and conditions.

 

Is the main body ok?

[Guest alan703]

Have you read the Harrison v Link judgment ?

 

 

[ATTACH=CONFIG]37953[/ATTACH]

 

 

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

 

 

This Judgment dealt with the "terms and conditions" or lack of.

 

I think you should also be aware of a totally unconnected situation which has just arisen regarding PPI claims.

 

Whether or not it has any implications for you, you should still be made aware.

 

From post 18 onwards in the link below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?322136-Harrison-v-Black-Horse&p=3964726&viewfull=1#post3964726

 

And another link that is being updated

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?363750-Mis-sold-PPI-appeal-fails-to-reach-Supreme-Court&p=3965075#post3965075

 

Do I understand this?

 

Harrison v Link - claimants record keeping established the high probability of MBNA's lack of proper procedures, therefor probably did not supply the terms and conditions.

 

How this affects me - the only records relating to the application I have are supplied from my SAR, credit application (is this different to an executed agreement?) and FRC.

 

I no longer owe them money, nor do I hold an account with them, so am soley disputing the credit card penalty charges which I have evidence that they far exceed the OFT £12 figure.

 

Harrison v Black Horse - if the PPi mis-sell claim is due to it being expensive an not advised it was cheaper elsewhere - it will be thrown out.

 

My PPI case - Mis Sell claim is largely based on the Fact I was armed forces personnel and was therefor likely to be excluded from any cover provided by the policy. MBNA have admitted responsibilty but the refund value is in dispute

[Guest alan703]

Here goes, can anyone in the know give me an opinion on the suitability of the attached documents.

 

1. Brief description of claim to enter on MCOL, with detailed particulars to follow. (only 1081 characters allowed)

2. Detailed Particulars

3. Statement of Charges

 

If someone can give it a good to go, I intend submitting it this weekend online and posting the particulars on Monday.

 

On another note, I have printed of MBNA current terms and conditions, although I believe they are irrelevant in my case, they show that the current Cash Advance interest rate is 27.9% APR. So a restitution rate of 29.9% should be easy to justify as it is only marginally higher than MBNA's own cash advance rate.

MBNA POC.pdf

MBNA Statement of Charges.xls

Brief description of claim.pdf

Edited September 1, 2012 by alan703

[Guest alan703]

Court Claim raised.

 

Detailed POC must be submitted to defendant within 14 days of service (which is deemed to be 5 working days from being issued) - so I have 19 days.

 

I may add into them that although they have tried to use the 6 year rule to evade payment, in another (ppi) claim I had with them on the same account for the same time scale, they did not use this rule and offered payment.

Edited September 3, 2012 by alan703