MBMA /abbey credit card

[glav]

Hi jackster,

 

Looks like I was a bit late with my e-mail, been at work all day. Seems like you got it sorted, good luck!!

 

glav:)

[glav]

Jackster

 

Read my thread!!

 

glav:)

[jackster77]

got standard letter back from Abbey today saying that they would provide me with a full response (to my prelim) by 11 june 07 -

 

at that stage my lba will have expired (due to be sent this Monday) and I will be filing court papers on 11 june

[glav]

Jackster

 

Don't wait until they respond, stick to your timescales and send LBA off at beginning of the week when it is due. When the LBA deadline runs out, phone customer advocate office, like we did, and say that you are giving them the final opportunity to settle before you file court claim. HTH

 

glav:)

[empowered]

Jackster

 

Don't wait until they respond, stick to your timescales and send LBA off at beginning of the week when it is due. When the LBA deadline runs out, phone customer advocate office, like we did, and say that you are giving them the final opportunity to settle before you file court claim. HTH

 

glav:)

 

Yes I did that with no effect! They said they are taking 4 weeks to reply, not 14 days and would get back to me at the end of this month. I figured it was worth hanging on for another 14 days before filing a claim (and all the hassle it entails) just in case they come up with the goodies - then it will be court.

[jackster77]

thanks for that empowered and glav

 

I am going to send LBA on tuesday - will also ring them near the lba expiry time - if they say they are working to a 4 week deadline then I might hang on because the 12 +30 days will be up by then for my CCA too so if they can't produce it it might make for an interesting conversation

[jackster77]

received a goodwill offer from MBNA for £510

 

If I want info removed from my credit file and want to claim for compounded contractual interest should I reject the offer completely and file for court papers or is it ok to take it as a partial settlement and claim for the rest??

[jackster77]

am a bit confused as to what route to take or what wording to put in a letter was about to send a lba when I got a goodwill offer of £500 and a refusal to remove info from credit record

 

the 30 days have expired for my CCA request also

 

I want to get the balance of the money they owe me after I pay back what I owe them and also want all info by MBNA removed from credit file

 

I was thinking of phoning them and saying that i would be claiming for the full amount and if they wanted to settle then i would be happy to and only if they removed credit info then if they refused i would casually mention their failure to provide me with a cca as a bargaining chip

 

is this too risky, should I just send lba and partial settlement letter or even roll the two into 1 letter - my head is melted!!!

[standingupformyself]

Hi Jackster, thanks for your message on my thread. It looks like you are going to be in the same situation as myself and Wednesday..... How long haveyou had your MBNA account for? If it is quite a few years then I would guess that would be the reason you have not, and might not, received your CCA.

My LBA was due when I recieved an offer, so I merged the two letters into one.... still waiting for my statement to find out whether the money was paid in or not.

As for the CCA route or the one of claiming your bank charges back, it is a tricky one, as you can see on my thread I have struggled with what to do..... I wanted to send a letter asking for my charges, plus interest back, but was advised not to. The concensus is, if you acknowledge they do not have CCA then this could be their defence in claiming charges back if it goes to court...

 

BUT, I am behind you all the way, please keep in touch, xxx

[glav]

Jackster

 

I combined LBA with acceptance of goodwill gesture on the clear understanding that the rest of the claim would be pursued. I didn't go down CCA route because charges plus CCI have wiped the debt with money left over. From reading other threads, as Wednesday says, it has to be one or the other, as claiming charges when you are stating they cannot enforce the debt because of no CCA is contradictory. You need to decide which route benefits you the most. Whatever you choose to do, am wishing you well and will follow your progress.

 

glav

[Josie8]

Jackster

 

I combined LBA with acceptance of goodwill gesture on the clear understanding that the rest of the claim would be pursued. I didn't go down CCA route because charges plus CCI have wiped the debt with money left over. From reading other threads, as Wednesday says, it has to be one or the other, as claiming charges when you are stating they cannot enforce the debt because of no CCA is contradictory. You need to decide which route benefits you the most. Whatever you choose to do, am wishing you well and will follow your progress.

 

glav

 

 

Why? They've unlawfully applied charges to the alleged debt so they should refund those. Then if they have no true copy of the agreement they are will still have to write debt off as per Wilson v Secretary of State for Trade

"These restrictions on enforcement of a regulated agreement are for the protection of borrowers. They do not deprive a regulated agreement of all legal effect. They do not render a regulated agreement void. A regulated agreement is enforceable by the debtor against the creditor. It seems, for instance, that a borrower may insist on making further drawdowns under a regulated agreement even though the agreement is unenforceable against him."

 

My understanding of the above is that the judgement still allows you to reclaim the unlawful penalties imposed in breach of the agreement even if that agreement is void for the purposes of the Consumer Credit Act.

[jackster77]

hi glav tried ringing today but they say they aren't going dealing with this by phone anymore what no did you use???

 

I'm going to combine a LBA with a rejecting offers letter and pop it in the post tomorrow am going to ignore the fact that they havn't provided a cca for the time being

 

thanks again for all your help and support

[glav]

Jackster

 

We used Customer Advocate office number 01244 672628 and hubby specifically asked to speak to Colin Pugh. Keep going, you will get there!!

 

glav:)

[standingupformyself]

could try emailing him? I beleive it is colin.pugh@mbna.com I was going to try that myself this weekend

[glav]

Yes that e-mail address is correct because we e-mailed him last week and he made reference to having received e-mail. Hope this helps.

 

glav:)

[standingupformyself]

I'll let you know if I receive a reply. I sent one to him today

[jackster77]

well I rang Will Waring the other day re my consumer credit agreement - they said they were posting it out to me I also pointed out that they had not made any response to my rejection letter sent over 28 days ago

 

they said they would post out my credit agreement and a further offer

 

My credit record says that I've made partial settlement to them (i still owe them £700)

 

today I received a letter saying that they won't remove the info from my credit file - they have sent me terms and conditions instead of a credit agreement and my £1 cheque

 

they also sent me a cheque for £1620.36

calculated by them as follows

£1098 in charges which is correct

£522.07 in compounded contractual interest @ 23.9% from the date of the charges untill and I quote "Up untill the time your balance was paid in full" (this was in June 2005)

If my balance was paid in full - why is there partial settlement registered on my account??

a further £510.29 calculated at 8% which a court may award

So the total they have given me is £2130.36

 

this is £548 less than what I am claiming for (Not including the 8% court interest)

am I write in thinking that I can claim contractual interest up until the date of my claim - or are MBNA right that I can only claim it up until the account was closed????

 

should I reject this offer? and go for the full amount?? and how can I get this partial settlement removed from my credit file??

[jackster77]

MBNA have admitted on the phone today that they can't provide me with the original agreement

They are going to confirm this is writing

 

I was claiming compounded contractual interest on the account from the date of the charge untill the date of my claim

 

they say that I can only claim compounded contractual interest untill the balance was paid of in July 2005

 

can anyone tell me if this is correct?

[jackster77]

ok folks sign this petition to stop banks from stalling on paying out on bank charges

also can you post the petition on your own thread

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.