PHIL and ALISON V MBNA

[Guest willowb]

Hi.....I'm gonna be busy right now but I'll have a look later on when the children are in bed (I hope i can help anyway! I'll try my best ok!)

 

Wxx

[djweeble]

You don't need the balances to do the spreadsheets, only the charge amount and the date, that'll give you a near enough amount to go after initially.

[livelylad]

Received paperwork from MBNA for credit card account and it's just a list of transactions dates etc.There are no balances, no statements or anything, so I wouldn't be able to do spreadsheets without balances??.

Should I send them the £10 cheque back asking for statements and remind them to comply before original deadline of 08/12/06 ???

Thanks in advance for any help.

PETITION THE PRIME MINISTER

We the undersigned petition the Prime Minister to Force the banks to repay unlawful bank charges and remove the six year time bar, forcing them to pay back everything from at least 1980.

 

DPA SAR request does not allow you to ask for statements, you would have to pay for them individually. You have enough information to continue your claim.

[Guest willowb]

Is this the MBNA account? in which case you should keep everything in the one thread:)

 

You can only claim back the interest if the balance amount to which the interest is applied is made up entirely of charges. If you have worked out that 'other interest' maybe say, unauthorised borrowing interest then you can claim this back but if you are not sure and can't find out then leave it.

 

Wxx

[Guest willowb]

Ok, I copied and pasted your letter here, I hope you don't mind but it makes it easier!

XXXXXXXX

XXXXXXXXX

XXXXX

 

27 November 2006

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

 

MBNA EUROPE BANK LIMITED

CHESTER BUSINESS PARK

CHESTER

CH4 9FB

 

ACCOUNT XXXXXXXXXXXXXX

Dear Sirs

 

Re. your letter of the 20 November 2006, I am not satisfied that you have complied with my request and so return my cheque for the sum of £10.00 and a photocopy of my passport. I require from you a full Data Subject Access Request which you have failed to supply so far.

 

I have taken Legal Advice on this matter and have been told to ask for statements from the onset of my account to the present day, which under the said act, I know you must hold..

 

May I remind you that this information MUST be with me by 8 December 2006 or Court action will be taken to recover the required information.

 

I accept the offered £130.00 as part payment and fully intend to take the necessary action to recover the rest of monies owed to me. For your information, there was no attached form with the letter.

 

You have a further 11 days to comply.

 

Yours faithfully.

 

 

 

 

 

 

 

XX X XXXXXXXXXX

 

Enc

Well, Livelylad answered you about the statements! SAR only requires the bank to issue a breakdown of transactions, not entire statements. By sending this letter, what is it you want to achieve? you have all the figures and you're only going to delay your claim even more by getting into a fight about the type of format the information should be in. And why have you headed it LBA?

What is the amount in dispute?

Wxx

[phatram]

This is a credit card and on the list of transactions received there are entries for

1. Retail interest

2. Cash advance interest

Both of which I understand. However, there is another interest which comes under the title "other interest".

What could this be - what is "other interest"?

Phatram

[Guest willowb]

have you just completely ignored me?

[phatram]

How am I ignoring you ?, I am just confused as to what "other interest " is?

S orry if this is in wrong thread but been trying to listen to talk sport radio about poverty.

My wife used to work for Abbey in the early 90's in a mortgage centre and not only is she mortified that she dealt with ERC's she CANNOT tell me what "OTHER INTEREST" and the other items I asked about are !

I can't find out anywhere !!!

Thanks

[phatram]

Can anyone please tell me what the following are?,

NSF CHK CHARGE ASSESS

BILLED DEFERRED FIN CHARGE

BILLED FINANCE CHARGES

and

OTHER INTEREST

[phatram]

How do we get all transaction details from account starting in 1994?

[livelylad]

please be sure of what you are asking

 

Re. your letter of the 20 November 2006, I am not satisfied that you have complied with my request and so return my cheque for the sum of £10.00 and a photocopy of my passport. I require from you a full Data Subject Access Request which you have failed to supply so far.

 

I have taken Legal Advice on this matter and have been told to ask for statements from the onset of my account to the present day, which under the said act, I know you must hold..

A SAR does not allow you to ask for each statement if you do you will be liable to pay for each statements. Below is the wording for the SAR compiled by BF. I would suggest you amend the letter.

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

BF

[Guest Battleaxe]

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

I insert the years after the word 'organisation 1990-2006. ' We didn't do that with MBNA so they only set three years worth of statements as a stalling tactica and sent back the £10.00 postal order. I also remove the alternative of a complete set of statements, because it is interesting to read the comments have made about you. Some of them are libellous.

[Bookworm]

5 threads merged from all over the place!

 

In future, please keep to 1 thread per claim, it will help keeping track of the progress of your claim. If after a reasonable time, you haven't had an answer, then post a new post on the thread, write *bump* in it, so it cmes back in the next cycle of "new posts", but please don't start posting all over the forum again. And please stop posting in the Welcome forum, it's there for people who have just signed in as a point of ... well, welcome... Think of it as the hallway, if you will.

 

Maybe you haven't had an answer because no-one knows? I personally have no idea, but thenI have had no dealings with them.

 

Why don't you phone them and find out what they mean? You have every right to query items you don't understand. Once you know, post it here to help future claimants and so as to work out wheher they are penalty charges or not.

[phatram]

Its headed LBA as in the template here,

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[phatram]

Can C.A.F be claimed back when its been done on the internet not taken from an ATM?

Just about to start the spreadsheets and I have loads of £2.50's for internet transactions.

What is % interest built in to the credit card sheets?

Is it best to use simple or advanced sheets ?

I have read faq's etc and I don't know where to start,my heads buzzing with info and I can't find what i'm looking for.

Any help gratefully received, cos I can't keep staying up until 4 in the morning, my liver can't take it !!!

[PhantomReclaimer]

You can't claim for a cash advance fee. That is a fee for a service they have actualy performed whereas the penalties we are concerned with here are those that are levied unlawfully for your breach of contract.

 

P.

[phatram]

UPDATE

Today I am very proud of Mrs Phatram for the expert way she has dealt with the "experts" from MBNA.

After a couple of phone calls, we received one from Colin Pugh, explaining they do not have records going back to the opening of the account in 1994. Mrs P informed Colin he was not telling the truth and that in her previous job working for Abbey dealing with such things, she knew for certain they had the info.

He made an offer or £350 plus £200 plus the interest which we would have to apply for seperately, this is for the last 6 years charges. Mrs P told him to put it in writing.

Approx one hour later, a call from MBNA,from RICHARD VERNON (01244 673033) saying there had been a misunderstanding and they had found all the details asked for and will post them to us today.

I believe they s**t themselves when Mrs P informed them about her uncle and what he does for a living, he's a solicitor in Manchester and will do all our legal stuff free!!! Which, by the way is true. :D :D

We now await tomorrows post with anticipation.

Soon we will be using the phrase made famous in Phoenix Nights,

Back of the net!!!!

Crack on everyone, POWER TO THE PEOPLE !!

[Guest Battleaxe]

Well done. Looks like we are all starting to get some satisfaction and some perverse delight/

Just back from the County Court filing for Non compliance of S.A.R - (Subject Access Request) and claimed £5975.75 as damages, well I figure £100 a day for days of my time.

 

Open the mail the idiots have tried to collect another payment from by DD and decided to hit me with another £25.00 of charges. They are getting confused we have to accounts with them, but hey I will let them play their silly little game. if you check Battleaxe does MBNA you will see the letter I have just sent recorded delivery.

 

Mrs P has done very well.

[phatram]

She is the brains of the operation, I am the muscle!

:D :D

[phatram]

Nothing in post from MBNA,nows theres a surprise !!!

[phatram]

This just arrived.

mbna •

 

;%"•*••. MBNA Europe Bank Limited

Chester Business Park Chester CH4 9FB

 

1 December 2006 Phone: 01244_672ooo

Fax:01244-672100

Mrs xxxxxxx

Xxxx xxxxx

Xxxxxx

xxxxx

Dear Mrs xxxxxx

Account xxxxxxxxxxxxxxxx

I refer to your recent complaint regarding default charges, and telephone conversation with my colleague Colin Pugh.

We reiterate that we have always set out precisely what our charges are in our agreements with you, as they are an integral part of the terms and conditions under which we are prepared to provide credit facilities. Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Term 3b of your credit agreement with us clearly states that you must pay £25 each time your payment has not reached your account within one day of your payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

However, as we would like to resolve this matter, we have credited your account with a goodwill payment of £200. This is in addition to the previous goodwill payment of £130 and on the basis that this is in full and final settlement of your complaint. You will appreciate that this does not mean that we agree with your complaint.

You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we have decided to reduce our default charges to £12 with effect from 28 June for late payments and returned payments, and 28 July for overlimit fees. You will receive notification of the changes to the terms and conditions. We expect you to honour the revised terms of your agreement with us. If you do not do so, we will have no alternative but to cancel your card and to formally terminate your credit agreement.

I enclose a copy of 'Our Commitment to You' leaflet for your information. If we do not hear from you within eight weeks of the date of this letter we will assume that the matter is closed.

Yours sincerely

Rachel Claridge Assistant Vice President

Enc.

MBNA Europe Bank Limited is authorised and regulated in the UK by the Financial Services Authority and subscribes to The Banking Code. Registered Office: MBNA Europe Bank Limited, Stansfield House, Chester Business Park, Chester CH4 9QQ. Registered in England No. 2783251.

[phatram]

Can we make a complaint 'cos they are trying to blackmail us into stopping the action?

We were waiting for the rest of our account details not a letter from some office junior, what should we do next please??

[Guest Battleaxe]

Accept it as part payment and continue with your complaint. I see Rachael is still Assistant Vice president, she must be about ready to promote herself.

 

This is another of their delaying tactics and remind her when you write that clock is still ticking. Stick to you timelines and don't back down.

[phatram]

Mrs Phats on the warpath!!!

Rang RICHARD VERNON to tell him about letter from RC and that she will accept it as part settlement but is still waiting for all her SAR info. He has promised the info will be with her by 1pm thursday.

The fight goes on!!

[phatram]

Cheque arrived for £330 with letter from KATHRYN HAND,

Dear Mrs xxxxxxxxxx

Thank you for your recent enquiry in connection with the credit balance of £330 on your account.We have pleasure in enclosing a cheque as a refund for this amount.

 

I hope this has been resolved to your satisfaction. Youmay be interested in our online banking facility- visit our website Credit Cards and Bank Loans - MBNA Europe and register to have instant access to review your account.

 

 

yours sincerely

 

 

Kathryn Hand

HEAD OF CUSTOMER OPERATIONS

 

 

No mention of final settlement etc !