Standingupformyself V MBNA/Abbey CC **WON**

[standingupformyself]

I Thought I should start myself a thread off. On the 19th March I sent off my SAR, including the the cheque for £10, It was signed for 2 days later. After reading on someone elses thread that MBNA can be quite difficult I sent a 2nd letter to them, (yesterday) enclosing a copy of my driving licence and reminding them of the date I sent the first letter and of the date when the 40 days are up. So now it's just the waiting game, but at least I can now say I belong to the famous (infamous?) MBNA fan club!!! Will keep you posted, I am no good at stress at all !!!!

I am worried though, after struggling with MBNA for a few years last September they finally let me sort out a payment plan with them, I am paying NO interest or charges at present, and making a weekly £10 payment to them. I owe them £3350 ish, which is around £750 over my credit limit (all charges of course) I cannot wait to see my statements as I estimate that a sucessful claim against them should clear this debt off. My worry is, will they withdraw my payment plan when they see I am starting action against them? Any help and advice appreciated. xx

[lee in wales]

Hi Standing,

I have just done the same as you, sent SAR 25th March and just sent a 2nd letter with ID today, I had a win of just under 4k from Natwest recently but i am still a bit new to this forum but as far as i know they would take the charges off the balance, not to sure about the payment plan, in my opinion once they have agreed to a plan they, couldnt change it if you are paying on time and not breaking the agreement, i will read up some more over the w/end and see if i can find out anymore info for you,

 

Good luck keep us posted, i can compare my claim to yours, then with a bit of luck it will be a doddle

 

Lee

[standingupformyself]

Hi Lee. Thanks for replying, excellent news about your Nat West win, I have a little one to claim off them too! I am more than happy for them to put my "winnings" onto my account/card, I want to get out of debt after years of paying them......So, you are just 6 days behind me requesting SARS, we will have to keep in touch and compare notes. xx

[standingupformyself]

Hi all

As I have said above, sent off my SAR and then a week later sent a copy of my SAR, together with a copy of my ID. Have not heard anything at all yet.

Can anyone recommend a name or an email address of anyone I could write to as I want to send a reminder?

 

xx

[standingupformyself]

well, 40 days is up on Sunday, (Today is Wednesday) I have been assured on the phone last week that I will receive them by the stated date (call me cynical but we'll see) I have also sent off a CCA request for this account. Today is 14 days, so I emailed every MBNA address I could find, I had a reply... apparantly they are having problems locating my CCA because the account is over 6 years old ! They are right, the account is nearer 10 years old, and used to belong to Abbey National until about 1998/9 ish

Things could get interesting......

[lee in wales]

Hi Standing, i am running 5 days behind you, MBNA said they would investigate my complaint and get back to me by 23rd Aprill with a full response, ha ha ha, its now 27th and nothing, still, they have untill next friday to supply me with my SAR request, we shall see, let you know if anything happens

 

Lee:D

[standingupformyself]

40 days is up tomorrow (Sunday) and this morning I received a letter from Abbey (the card has been MBNA for a few years now, but still goes under the name of Abbey) with a print out of all charges from 22/10/01 to4/3/06. Wonder why they have not sent me curent information?

 

I have a couple questions, please can someone help?

 

I am using Vampiress spreadsheet, "Throughout claim with contractural interest.... What interest rate should I put in? I have been working it out on 24.9%

 

I quote from the letter "We've enclosed details of your statement information. We have only enclosed details since it converted to MBNA. We will forward you statement information prior to conversion within 10-14 days. Please accept my apologies for the delay. On this occasion we have provided the information to you free of chargem as we have not treated your request as a formal data subject access request under section 7 of the Data Protection Act 1998"

 

Question: Am I likely to receive anything from MBNA/Abbey prior to October 2001, has anybody else?

 

Oh !!!!! And they have offered me £820 to be credited to my account, on the basis that this is in full and final settlement of my complaint, Well that's very kind of them, as with the charges I have in front of me they add up to £1795.00 and then with the 24.9% interest on Vampiress sheets another £1500 or so on top of that.

[standingupformyself]

and by the way, I meant to say above. They are still having trouble locating my original CCA. It's been nearly three weeks now, and I spoke to someone a couple days ago who said they were having problems locating it as it is over 6 years old !!

[standingupformyself]

Is there a letter template specific to LBA for a CCA? Or should I adpat the SAR one.??

 

Thank you

[standingupformyself]

anyone? i want to send an LBA tomorrow morning

[standingupformyself]

Bump Bump

Can anyone help?

[standingupformyself]

No one out there then??

 

I sent off a prelim letter today and worked out my charges at 22.48% contractural interest

£1795 charges dating back to October 01, with the above interest at £1363.40, totalling £3158.40

[lee in wales]

Hi Standing, sorry i havent been able to help you out with anything, working away all week can be a pain in the a**e, it looks like you are flying ahead of me now, well my story is that they have missed the 40 day deadline so it gonna be full steam ahead now, with filing with the courts for SAR, and a CCA request, its pretty shocking that they can't even get an SAR sentout 40 days

 

Lee:D

[standingupformyself]

What step next please? Sent off a LBA as my SAR request has not been fulfilled completly. It was posted on 30.4.07,, today is 8.5.07 so the 7 days have now well and truly passed. CCA still has not arrived either, 12 working days for the CCA was 25.4.07

I have sent all my details to Battleaxe to join her mass complaint.

What steps should I take now?

[achuaran]

Try this number - 01244 574155 - and if they offer to phone you back say 'no thanks I'll hold on'. They should be able to tell you exactly why they've not responded and if you're not satisfied with the answer you should tell them you're lodging a complaint with the Information Commisioner - and do it.

[standingupformyself]

Interesting letter this morning.

Dear Mrs ***

Account ****

Thank you for your recent request, I can confirm the following our enclosed;

Terms & Conditions

Recent statement of account

 

I am unable to enclose a copy of the original credit application

 

If anything needs clarifying please call us on freephone 0800 389 9002 Monday to Thursday 8-8 and Friday 8-6

 

Yours sincerely

Peter Cross

Customer Assistance Manager

 

So, they cannot send me a copy of my original credit application, I asked for a CCA, which is not the same.. should I follow this up?

[standingupformyself]

tried that number from achuaran, have to phone back after 9am tomorrow morning,

[standingupformyself]

on the 9th May I received another batch of charges, all in spreadsheet form, but to be honest they give the exact dates and reasons so I don't see the problem in that.

I have amended my prelim letter (I previously stated that I reserved the right to do so) I brought my spreadsheet up to date, charged them 22.48%, as this is what they are charging me. So that's all signed and sealed and ready for recorded delivery tomorrow morning.

I am still waiting for 6 months worth of statements/charges. This I have been emailing about, .... This afternoon I got this reply.

 

What I propose is; I will await our delivery of statements tomorrow and if your information is not included we will assume fees have been have been charged for the missing six months. We will then be able to make you an offer of goodwill in relation to the total fees levied to the account. As I am sure you will appreciate with current the media coverage and general awareness of this matter Abbey are supplying us with copy statement as quick as possible. Apologise once again for the delay and your patience is appreciated.

Thanks

I replied to the email, attaching my latest, amended prelim letter and up to date spreadsheet, I thanked them for their communication, I stated that the missing 6 months almost definately had charges on all of them !!! I also asked them to confirm that they are unable to provide me with my CCA, the letter I received just said they were unable to enclose me with a copy of it.... Things might get a little interesting here!!!

[standingupformyself]

oK, here is an update. Received a letter from Rachel Claridge, assistant vice president today, dated 17.5.07.

Dear Mrs **

Account ***

We refer to your recent correspondence concerning default fees on your account. I would like to clairify the situation from our perspective.

We have always set out precisely what our charges are in our agreement with you, as they are an integral part of the terms and conditions under which we are prepared to provide credit facilities THEY ARE UNABLE TO PROVIDE A COPY OF THEIR AGREEMENT WITH ME !!!!

blah, blah.......

Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Prior to July 2006, term 3b of your credit agreement with us clearly stated that you must pay £25 each time your payment had not reached your account within one day of your payment due date, or when you exceeded your credit limit, or when a cheque was returned unpaid.

next paragraph states theyhave provided me with statement information free of charge on this occasion.

We would like to resolve this matter, I have therefore arranged for a goodwill payment of £820.00 to be credited to your account on the basis that this is a full and final settlement of your complaint.

 

£820 is not enough, I wish to clear this debt with MBNA, the charges alone amount to £2017.00 and with the 24.9% interest the amount I am claiming to date amounts to £3495.33.

 

And I still do not have a copy of my CCA

[standingupformyself]

On the 15th May I amended my prelim letter as further charges were sent to me, and enclosed with the offer letter above was the missing 6 months statements, with a few more charges on them. What should I do now? My amended prelim letter gave them a further 14 days, taking me to the end of this month. If I send a rejection letter today, do I still send them a LBA?

[standingupformyself]

Had an email yesterday, apparantly a letter is in the post regarding my CCA. Should be interesting, didnt arrive this morning. Has anyone had a letter from MBNA regarding the CCA's?

[Hopeful1]

Hi standing. I wish i could offer some help, but i've only just sent off a S.A.R / CCA to them. You seem to be doing really well. You've stuck at it even though they're not making it easy. There's a chance i'll be back to ask YOU for help - you'll be a seasoned professional ! Have you subscribed to anyone else's MBNA threads to see if you can get more help?

 

Hope it all goes well for you .

[standingupformyself]

Thanks for your kind words and encouragement.. Yes, I spend most of my time reading other peoples threads (it helps being naturally nosey!)

Keep in touch

[standingupformyself]

WHAT SHOULD I DO NOW???

letter received this morning

Dear Mrs Standingupformyself

Request under Section 78 Consumer Credit Act 1974

I refer to your recent request.

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself, together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt, we would like to confirm that MBNA has responded in full to the request you made under S78; and in any event, your credit agreement remains valid and your obligation to repay remains intact.

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

Peter Cross

CUSTOMER ASSISTANCE MANAGER

[Cornucopia]

WHAT SHOULD I DO NOW???

letter received this morning

 

Dear Mrs Standingupformyself

 

Request under Section 78 Consumer Credit Act 1974

 

I refer to your recent request.

 

Your account was opened directly with Abbey on 19th March 1996. Unfortunately we are unable to retrieve any copy applications made directly with Abbey prior to Abbey prior to the conversion to MBNA that happened during 2001.

The copy of the Terms and conditions I previously provided satisfy the requirements upon lenders as per S.78 of the Consumer Credit Act 1974. If a lender did fail to comply with S78, that lender may be prevented from taking certain steps to enforce a credit agreement (until such time as S78 eas satisfied) but the underlying credit agreement itself, together with the borrowers obligation to repay, remain valid and intact. For the avoidance of doubt, we would like to confirm that MBNA has responded in full to the request you made under S78; and in any event, your credit agreement remains valid and your obligation to repay remains intact.

We trust we have resolved this matter, but should you wish to discuss this matter further please do not hesitate to contact me.

 

Peter Cross

CUSTOMER ASSISTANCE MANAGER

 

Standing, this is rubbish and bluster, they haven't got it, they will have problems enforcing it. Remember that if they were to take you to Court they would have to produce the original agreement, which they haven't got! I would send them the default letter and remind them that you do not acknowledge any debt to their company.

 

I think you have struck gold here hun!!

 

I have to shoot out tonight but will check back for any updates later, I hope that others will come on and comment too!

 

Regards,

 

Corn x:)