Nemogbr Vs. MBNA

[Guest Battleaxe]

That's it Nemogbr, you are now talking our talk. In the Chester Towers they pull their job titles out of a hat at the beginning of each week.

[nemogbr]

 

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 a time a payment had not reached your accounts within one day of you payment due date, or when you exceed your credit limit, or a cheque is returned unpaid.

 

You may know that the Office of Fair Trading has recently issued guidelines for the level of credit card default charges. MBNA disagrees with te OFT’s interpretation of the law and continues to maintain that it’s 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.

 

With the above in mind, and in order to end matters in this case. I have credited your account with a payment of £130.00. As your account has been legally assigned to Arrow, due to the fact that it defaulted on 30 November 2006. We have contacted them to request that the goodwill payment is removed from your remaining balance; all future correspondence should now be made with them directly.

 

Please e aware that we will not be removing the default from your credit file. The information we supply to the credit reference agencies must be factual; the fact that you have failed to maintain contractual payments resulted in your account defaulting. It was not due to the applications of fees.

 

As requested, we have enclosed details of your statement information. On this occasion, we have provided the information free of charge, as we have not treated your request as full data subject access request.

 

Should this information not be sufficient, and you wish to make a full data subject access request under section 7 of the Data Protection Act 1997, please complete and return the attached form.

 

Please ensure you include the fee of £10 ~(Cheques made payable to MBNA Europe Bank Ltd.) and appropriate ID (e.g. photocopy of driver’s licence or passport)

 

I trust this request meets with your expectations; if you have any further queries please contact Daniel Friar , on 01244 672628 (Monday to Friday, 9am to 5pm). I am also enclosing a copy of “our commitment to you” leaflet, which explains our complaint handling process in greater detail. If we do not hear from you within eight weeks of the date of this letter we will assume that the matter is closed.

 

 

 

As previously discussed in this Forum, they do not take the first letter as an SAR and plan on making you go around the houses for the second time.

 

Since I have already sent a Template letter 3 warning them that it was an SAR request?

 

Should I ignore this letter’s contents and just go ahead with my complaints to court?

 

ADDRESS for SAR Request:

 

"THe Compliance Manager"

MBNA Europe Bank Ltd.

Chester Business Park

Chester

CH4 9FB

[nemogbr]

No more letters from any representative of MBNA and so I have come to conclusion that they will ignore other letters.

 

Will have to raise the ante.

 

What next?

 

Straight to court?

[Cornucopia]

No more letters from any representative of MBNA and so I have come to conclusion that they will ignore other letters.

 

Will have to raise the ante.

 

What next?

 

Straight to court?

 

Hi Nem, yes, I would file an N1 for non-compliance. I will be doing the same on Tuesday!

[Rhia]

I've already issued a summons and dead on 14 days they have entered an acknowledgement that they intend to fully defend.

It's hilarious. All I asked for was the information under DPA. They have failed to supply. There is NO defence. I will not settle out of court with them and intend pressing my case for a full hearing so the Judges can see what they are up to. With a bit of luck they'll order a custodial sentence to the directors as this is a VERY SERIOUS offence.

To both of you don't hesitate file your summons. Also report to Information Commissioner as I have that one in action too and the more of us who complain against their shifty tactics the better the case.

[nemogbr]

I have now sent my complaint to the ICO.

 

Dear Sir or Madam.

 

I want to complain against the company known as MBNA Europe Bank Limited over their failure to comply with my Subject Access Request dated, 5th of February 2007.

I attach the letters I have sent them and the seven day notice of a Court order if they fail to comply again.

They have since sent me a letter stating that my first Subject Access Request was not regarded as such and that I will have to resend my request again.

I do feel that they are seeking to delay access to my account and feel they are in breach of my rights under the Data Protection Act 1998.

Thank you for your prompt reply.

 

Yours Faithfully,

xxxxxxxxxxxxxxx

[nemogbr]

ICO – Information Commissioner's Office

 

Forgot, this is the link.

[nemogbr]

I've already issued a summons and dead on 14 days they have entered an acknowledgement that they intend to fully defend.

It's hilarious. All I asked for was the information under DPA. They have failed to supply. There is NO defence. I will not settle out of court with them and intend pressing my case for a full hearing so the Judges can see what they are up to. With a bit of luck they'll order a custodial sentence to the directors as this is a VERY SERIOUS offence.

To both of you don't hesitate file your summons. Also report to Information Commissioner as I have that one in action too and the more of us who complain against their shifty tactics the better the case.

 

I've reported to the information commissioner, but what step do I need to take next?

[Rhia]

Have you started court action? If not do so without delay. Have you also sent Battleaxe your details for the mass complaint to the OFT and FOS? You could always add your MP to the list. Once you've done all of this light blue touch paper and retire.

[beetlebum38]

I have also filed in court re non compliance to my SAR.Playing the waiting game now.

I also complained to the ICO and have received there reply, see my thread for details. I agree with rhia press ahead with court action and try and drag them kicking and screaming into court for this one. They have no defence!!!!!

[nemogbr]

How much did you pay for the small claims?

[Guest Battleaxe]

It should cost £50.00 which you will get back in the costs part of your claim.

[beetlebum38]

Sorry nemo, I am in Northern ireland, slightly different system here. Cost me £16.

[nemogbr]

Payday this week.

 

Will do that then.

 

I will inform the CCCS that I am disputing the Credit card charges and to reallocate the funds to my other debts.

 

THanks

[Cornucopia]

Payday this week.

 

Will do that then.

 

I will inform the CCCS that I am disputing the Credit card charges and to reallocate the funds to my other debts.

 

THanks

 

 

Nem, it cost me £30.00 to file for non-compliance. Why are there differing amounts? I did mine last night so it's a wait and see, don't worry you're not alone. I was promised a "full response" to my 3rd complaint by the 23rd of March, nothing has materialised. I have lost count of how long they are over the 40 days for SAR so really, enough is enough. Get on with your claim hun, it seems to be the only way. The courts must be SO peed off with MBNA.

[Rhia]

The least you can pay to start this action is £30. I added expenses to mine which took it up to a £50 fee. So if cash is tight just put in the claim without expenses or just a few. Remember though if MBNA lose you will get your fee back and as they haven't complied and no-one can work out what they are defending the odds are in your favour.

[nemogbr]

Found the moneyclaim online form.

 

Not sure whether it should be via the internet or go to County Court for the N1 forms.

 

Account was with Royal Bank of Scotland until 2005.

 

MBNA have now defaulted on the SAR and gave a credit of £130.00 to Global Arrow/Eversheds.

 

Do I enter in the moneyclaim online form the date from when I started with MBNA or the entirety of my account?

 

Below is one template I found, but since they have not given me any details of my account, do I change it to mean the whole of the debt?

 

As it stands I will be paying the costs of £120.00, until it is claimed back from MBNA.

 

 

Claimant has account [**** **** **** ****]

with Defendant from 2005 conducted on their

standard terms and conditions, taken over from Royal Bank of Scotland. Claimant is

claiming the return of money taken by

Defendant in charges over 6 years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms

Act 1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from(Date) to (Date) of

(£0.00) and also interest at same rate up

to the date of judgment or earlier payment

at a daily rate of (£0.00).