Battleaxe does MBNA

[Guest Battleaxe]

Interesting development this morning. Our application for default has been returned by the Court.

 

 

We filed on the 5th of January for Judgement, but the tricky little devils at MBNA faxed their defence to the Court on the 2 January, something we were not aware of and neither were the Court staff, guess it has to do with being short staffed. They did warn me that there might be a defence but they haven't got to it yet.

 

I rang this morning and queried the letter to us, we filed on the 5th January, MBNA sent their defence back to Court on the same day, so it has been referred to the District Judge for directions.

The letter was slightly confusing, it stated that the claimant had replied, should have written the Defendant. (No wonder we got socked £150.00 for court fees on this, if they don't know who the Claimant and Defendant are).

 

Also in the post this morning is another statement with more charges added to the credit card. The charges are now £12.00 for late fee and £12.00 for over limit fee. Is this the best savings scheme yet?

 

Oh yes still no sign of a properly executed credit agreement regarding this account. Not long until the 11th January.

 

MBNA if you are reading this thread, maybe it will be criminal offence the District Judge will also be ruling on. The fine being £2500.00 and possibly three months sitting in th pokey for your Data Controller.

[Guest Battleaxe]

Now remeber I am running two threads in one here. This is to do with the loan.

 

I got another letter this morning head Notification of Default and Termination dated 9 January 2007.

 

Now they tricky little devils did the usual thing regarding the S.A.R - (Subject Access Request) so i reminded them by letter that they were running out of time and had to have the info in my hands by 4pm on the 12th.

 

Taking a deep breath I rang the number on the letter 01244 574 683. Played twenty questions with them and got through to Scott a Manager looking after my account.

 

I brought him up to speed with everything and reminded him about the SAR and the games MBNA play. he asked me what my propsal was regarding this. So either my mother raised a a stupid girl or my poker playing skills came to the fore.

 

I reaprised Scott of how the whole fiasco started and how the Mantra Chanters in India stick to the script to earn their bonuses. I told him the T & C's might be there but it does make them lawful and as I had approached them with an offer to bring the account back in order and they rejected it, they were not playing fair when I did want to pay but they weren't letting me and wanted everything on their terms. So I told him it is now my terms and conditions or we will see what a Judge and the OFT says.

 

I told him I wanted the ALL late fees removed and if they have attracted interest, this was also to be removed.

 

I told him that i would make a manual payment on the 28th day of the month as was original agreed and it would be for the contractual amount each month. i would make one payment today in good faith.

 

All phones calls were to stop as the matter of harassment by telephone is now in the hands of the police and the CPS and reminded him of the complaint number.

 

I also reiterated about the Information Commissioners Office complaint and that MBNA are giving me the opportunity for claiming damages for non-compliance of the SAR.

 

Scott then told me, one payment today in good faith, the next payment on the 28th Janaury and the 3rd payment on 28th February and he will resturucture the account to not show any arrears.

 

He stated that my account should have been handled completely differently as when I originally contacted them i was trying to make a payment in good faith.

 

He agreed to the removal of all charges

 

He agreed that I could ring the telephone number on the letter every month and make a manual payment and that I did not have set up a DD.

 

He agreed to put everything in writing to me.

 

I am getting the feeling that there has been a meeting and they have been told not to be so confrontational.

 

I also told him, we are not going to be bullied anymore and we do have rights and recourse.

 

I also reminded him that until the c??p with A & L started we never had one late payment in all the years we have had a loan with MBNA.

 

Until I get that letter from Scott with the term we agreed today it is status quo regarding the SAR and the late fees added to the account. the ball is in Scott's court.

 

I also told him that I would be posting this to the site for all to read.

 

Now to sort out the credit card and the credit agreement.

[stan5131]

Dont hold your breath BA. I was reading a thread on here where they were told the same thing by someone high up in MBNA and he was lovely and soooooo helpful. Nothing he promised ever came to fruition and he wouldnt answer or return any calls or emails. The calls and harrassment continued and agreement of reduced payments was ignored.

[Guest Battleaxe]

You are right Stansfield. I am not holding my breath. I am hoping that for once they do as they promise, as they know exactly what is in the pipeline of it doesn't happen. He never once asked me to drop any planned action. he is aware that if I don't get the SAR documentation that they are in breach and as I have already done MBNa for non-compliance on the CC, whixxh he is aware of, I am hoping that for once they will do the honourable thing. Nothing by Satyurday's post as discussed, then back to the Court I go and ICO for non-compliance and then the fun begins

[stan5131]

Get your goggles round this one:

Mbna Nightmare!!!! (1 2)

[Guest Battleaxe]

Looks like Cornucopuia and I are dealing with the same three players. it was Scott Bailer I spoke with today. At least I have my SAR in and they are nearing non-comliance I will have no hesitation in filikng another complaint with the ICO on 12 January 2007 and also filling another N! for non-compliance on the same day.

 

At least I only owe three payments and I am definitely not paying the charges. These will be claimed back at contractual interest. If Cornucopia reads this she knows she is not on her own and I am not intimidately by these clowns.

 

Scott Bailer knows exactly what I want,, he knows I have posted what happened today on the site, so it is at his peril. Perhaps I might drop a line to Mr Michael Rhodes just to ginger things up.

[Guest Battleaxe]

Development on the Loan.

 

Got another letter dated 15 January 2007, (the pigeons fly fast from Chester), advising me to take their offer of a lump sum settlement. WHAT????? Today is the 15th, it is signed by Matt McGrath he is now playing Head of Customer Assistance. On the 10 January he was Head of Collections

 

Straight on the phone to my friend Scott Bailer, to be told Mr Bailer doesn't take phone calls, I went for the jugular, poor lass. it was like a pantomaine, oh no he doesn't, oh yes he does.

 

Got through to my friend Scott. Guess what, left not knowing what right hand is doing. The account has been restructured, not showing any arrears and the TWO missed payments have been added on to the end. No further interest because of this and no charges for the last four months. The letter is on it's way (oh yeah), nothing is set in stone until I get that letter. Of course I can always provide Mr Rhodes a copy of the phone calls with the promnises.

 

'Your credit file has been corrected to show no late payments and no default - it does take a month for this to show'. I restructured you loan immediately as an act of goodwill.

 

Please tear up that letter you received today.

 

Me - no way until I get your letter and if I get one more threat through the mail or any other method, Mr Rhodes and I will entering into a meaningful dialogue and I have proof of broken promised actions.

 

I can assure you that the loan has been restructured as discussed and your credit file corrected.

 

I am now waiting for the postman to knock.

 

On with that rotten credit card now

 

I have the phone calls with the promises

[Cornucopia]

Looks like Cornucopuia and I are dealing with the same three players. it was Scott Bailer I spoke with today. At least I have my S.A.R - (Subject Access Request) in and they are nearing non-comliance I will have no hesitation in filikng another complaint with the Information Commissioners Office on 12 January 2007 and also filling another N! for non-compliance on the same day.

 

At least I only owe three payments and I am definitely not paying the charges. These will be claimed back at contractual interest. If Cornucopia reads this she knows she is not on her own and I am not intimidately by these clowns.

 

Scott Bailer knows exactly what I want,, he knows I have posted what happened today on the site, so it is at his peril. Perhaps I might drop a line to Mr Michael Rhodes just to ginger things up.

 

Battleaxe! I have found your thread and the link to mine kindly posted by Stansfield! We live not far from eachother, have MBNA got a thing about disobedient southern girls?????!!! I am glad you contacted Scott Bailer, when you next speak to him can you remind him that he has completely ignored my correspondence, action which resulted in MBNA selling my husband's debt to a bunch of absolute wasters who ignore me.

 

I think you have been absolutely amazing and will watch your thread with interest - will no doubt be after you for advice!!!

[Guest Battleaxe]

I think MBNA are just preapred to try and bully anyone they can. I dug my toes in over the loan because of their intransgient attitude of the call centre operatives when I want to make a payment manually at the time I knew I had the money, not on demand then and there, especially as I had tried to tell them the circumstances for the failed direct debit. It's been four months to get it to this stage. Even yesterday when I phoned to be told he doesn't take phone calls, that did it. I am not believing anything until I get that letter saying the loan has been restructured. if I don't get that letter, I am off to the Financial Ombudsman with all my evidence and for good measure reporting it to Trading Standards with copies of the documentation.

 

Not being able to pay is one thing, refusing to pay the debt is another.

 

All I wanted was to be able to pay without having to raise a standing order or Direct Debit on my new account. It's now been four months, without one charge on that account and my bills are paid on time.

 

I now have to reply to MBNA's defence for non-compliance on the credit card SAR. it will be interesting to see what the Judge decides. I still have to claim back the charges on this one, but with a properly executed credit agreement, again they are breach on that on their 12 working days +30 days is nearly up. They have until 30 January. I had to allow Christmas and New Year being in the 12 working days period.

 

Cornucopia, I am despairing what happened to you, but I can understand, because the files are not marked as evidence of the leter I received yesterday threatening me again and even the payment I made on the 10th January was not showing.

[Guest Battleaxe]

MBNA are getting very good at letter writing,

 

I got this one yesterday

 

17 January 2007

 

Mrs Battleaxe

Who lives on Hill

 

Dear Mrs Battleaxe

 

Thank you for your letter request to be provided with personal data pursuant to the Data protoection Act 1998. I conform receipt of a postal order made payable to MBNA Europe Banl Ltd for £10 and a copy of your passport

 

Your request to be supplied with a copy of all information held by MBNA retlating to yourself is being processed by our Compliance department

 

Please note MBNA Europe Bank Ltd will provide the information to you within the 40 da allowed by the terms of the act now that sufficient identification has een received.

 

We did receive a letter from yourself dated 3 November 2006 asking for telephone calls to stop and we have also received the Subject Access request from your Husband (which you are ware of) however from our records it does not appear we have received a Subject Access request from yourself previously. With this in mind we will now process a complete Sunbject Access Request in relation to yourself.

 

Yours sincerely

 

R Vernion

Compliance Department.

 

 

........................................................

 

It wouldn't be because the Information Commissioner is on their tail and silly children they have forgotten that the time is up for them 11 January 2007 regarding MY SAR sent on the 8 December 2006 for the loan. They know they have a date with the judge over the last non-compliance with the credit card

[Guest Battleaxe]

Letter dated 18 January 2007 arrived from the Information Commissioners Office this morning and it states

 

On the basis of this information, it does appear that there has been a contravention of the sixth data protection principle, which requires data controllers to process personal data in accorcadnace with the data subjects rights. this is because MBNA did not respond to your S.A.R - (Subject Access Request) within 40 days. we have formed the view, therefore, that it is unlikely that the processing concerned has been carried out in compliance with the provisions of the Act.

 

we do not intend to undertake any further investigation, but I shall now inform MBNA of our assessment. I shall inform them that they are in breach of the Act by not providing you with the contents of your SAR rquest within the 40 day limit.

 

Furthermore section 13 of the Act gives individuals the right to claim compensation if they have suffered damage as a result of the ciontravention of the Act. if this is something you would be interested in pusuing I would advise you to obtain legal advice with a view to taking the matter to the Courts. the Information Coimmissioner is unable to comment or advise on any claim for compensation

 

Thank you for bringing tis matter to our attention. This case will now be closed

 

Yours sincerely.

 

..........................................

 

Now to reply to the Defence lodged by MBNA regarding non compliance, because this leter completely blows their defence out of the water. I have until 3 Feb to get our reply into the Court. They reckoned they did not brreach.

 

Oh this credit card balance is looking even better today.

 

Of course they still have to produce the credit agreement,m the clock is still ticking on that one, this was posted on the 12 December, still we only have a week and a bit for them to produce it. Shame the holiday intervened to add to the time on the clock.

[iwannabedebtfree]

Oh Battleaxe, what with the world feeling good, the safe knowledge that at the end of february i will begin court action, and reading on how well you are doing, and how much evidence you have, just makes it all worthwhile knowing your day in court, should it get that far will be soo pleasing!! i especially like the thought of a section 13 compensation payout as its at the judge's discretion how much they award

[Guest Battleaxe]

Oh this like pulling wings off butterflies. I decided to ring the legal Department at MBNA and spoke to Bill Wareing. I let him know that I had the ICO decision and that also I can go for compensation using Section 13. he asked me if I was going to amend my claim and I told him no, it will be a seperate claim. I qwas nice and stated that all we wanted were the charges back, but now they have pushed we want the charges and contractual compound interest, as wwell as the non compliance claim. he asked about the £150.00 fee and I told him that is what the court charges me, so he is going to ring the court and discuss this and try to get back the money I was overcharged by the Court..(we will see) .. he also wants to discuss the charges and interest and what my figures are. I haven't even gotten that far, so I reminded him that there is also the issue of a possible unenforceable agreement and the request under the CCA and my complaint with the OFT.

 

He wants to resolve it with out going before a Judge, oh and could I send him a copy of the ICO ruling? I did tell him this was going to form part of our reply to the Defence they lodged, so he ends asking me if I want the £439.00 I am claiming plus £150.00 court costs, charges and interest and I said yes. Then I added of course there is still the issue of the Credit Agreement and the Section 13 claim which the Judge could decide regarding damages. I also reminded him this might end up costing MBNA a lot more than the balance they claim is owing on the card.

 

Mr Wareing and I have a date next Wednesday, if they do not offer what I want, it's still within the time to go back to Court for a hearing date. I also reminded him that MBNA have not done themselves a service in anyway and if they put people's backs to a wall, they will get kicked in the goolies good and hard.

[Guest Battleaxe]

iwannabedebtfree,

It is a good feeling to at last be getting somewhere with the claim. Just the satisfaction regarding the non-compliance is sweet. I reminded Mr Wareing that if it had not been for the S.A.R - (Subject Access Request) I would not have discovered the Credit Agreement discrepancy.

 

To think all we wanted were the bank charges to be refunded. This is what I love about this site, it is self help, but so many people will to help each other

[rippedoffagain]

Hi Battalaxe, I have read your thread with great intrest. You seem to have got MBNA by the b**** good and proper! Its about time the wa (sorry) bankers got their cumuppance! They have made so much money from the misery of hard up customers for far too long.

 

Good on you and everyone else on this board

[Guest Battleaxe]

rippedoffagain,

it's not a matter of the banks getting their comeuppance really. Just we are getting more savvy to their ways and they have no where to turn, now the rulings are happening in our favour. they can no longer hise behind the Finanacial Ombusman as the last resort for us, because we now have the courts and are not afraid of standing up for our dues. I just wish more people would start claiming. BankFodder, Dave and those brave souls who were the first to claimcertainly started a silent revolution.

[rippedoffagain]

I agree Battleaxe, I will be persueing my bank for charges in due course. As you say it is the fact that people are now more savvy, due in no small part to this website.

[iwannabedebtfree]

very very interesting, one is following with great delight and anticipation at the outcome!

[progenic7]

Hi battleaxe, i have been following your progress with enthusiasm of late, you certainly put a smile on my face anyways.

Im just begining my battle with MBNA sent SAR on 22.1.07 making it very clear i will be claiming contractual interst plus reclaiming all my missold PPI, the clocks ticking....

You have given me alot of confidence to take these people on thanks ;-)

[Guest Battleaxe]

Thank you Progenic7. Welcome to the madness LOL. I haven't updated this thread, but will get around to it tomorrow. I gets more fun especially as I am now defaulting MBNA if they don't comply with the Section 85 notice served on them last Thursday.

 

All you have to do, is stick to your timetables, don't play their games and do not talk to them until it gets to the legal department of MBNA. Tghey hate doing things by mail.

 

You will most probably meet Rachael Claridge, Gavin Theobold and Stuart Johnson, all designated Assistant Vice Presidents.

 

You will be asked to provide identification reagding your SAR this is in an attemot for them to start the clock ticking, don't fall for it, send back the ID theyy ask but remind them that the clock is ticking from your original date, start a complaint with the Information Commissioner office as soon as this happens. It is easy enough to do on line. just keep readiong our threads and you will be ok.

[tamadus]

I wrote another nice letter to dear Rachel today about making payment in bits and pieces lol. I'm thinking of inviting her to the next party I have

[ladybird17]

Battleaxe - I am sending my S85 letter to MBNA today, but having ploughed through thread Consumer Credit Agreements - where my impending letter is posted - I understood that they are ALREADY in default so we don't need to serve them with a default notice - a minor point - (I think!). Your thoughts? as you are way ahead of me in this game. Hope you have a good time on your date with Bill on Wednesday, please DO keep us posted!

[Guest Battleaxe]

Ladybird,

 

We play fairly and give them time as according to Statute. I am wondering what is happening in the corridors of Mbusa this week over the Section 85's they are receiving. The mmore they get, the more they sweat.

Have to go with Kent to the doctors, he's having a bit of a rough time and last night we were awake more than asleep. So will be out most of the morning. I hope the postman brings a cheque today, just for the non-compliance

[Cornucopia]

Battleaxe! Can't wait to hear your update regarding your meeting with Mr Wareing today! How exciting!

 

I am on my way to deal with him as you know, so will be very glad to follow in your footsteps!!!

 

Good luck girl!!!

[Guest Battleaxe]

It's tomorrow I talk with BW, it was last wednesday i was supposed to phone him, but waited the extra day so I knew the Section 85 default notice would have arrived.

 

No cheque in the post today regarding the non-compliance, then again there is still no letter regarding the loan account either and they promised that would be actioned when I made a payment last Friday. I am honourting my part of the agrreement, they haven't honoured their's yet and they claim the letter was posted on the 17th January 2007. methinks they are still playing games. Is this cynical?