Wednesday1867 vs MBNA***WON***

[wednesday1867]

Now i have got a query

 

At the minute cos im on a dmp, my interest has been dropped by my reckoning to just over 3%.

 

The SAR doesnt show any interest rates on it. If i ring them are they likely to tell me?

 

Whats the best way of finding out?

[wednesday1867]

Right then, ive added all the charges into the spreadsheet, ive used the guide interest of 21% for now ( Off Maxwells Thread til i find correct amount out)

 

Total amount in charges = £1700

Total Interest @ 21% = £1060.44

 

Total to Claim £2760.44

 

Right as i have said previously i'd like to royally screw MBNA 8-)

 

So im gonna ask here and in the PPI forum, as they can't produce my agreement, they can't prove i asked for PPI and i can't remember asking for it.

 

So if i add 60 months of PPI at £32 = £1920

 

Then take the £1920 and add interest on this, (£1700 gives £1060 int so roughly £1920 makes) £1100.

 

Total PPI claim would be for £3200 roughly.

 

Now if i add both claims together i get a rough total of £6000 against a debt of roughly £3800, so all this action would leave me with a zero balance on the card and a cheque for roughly £2200.

 

Then i can move forward with the lack of agreement to get anything untoward off my credit file?

 

Does this sound logical and feasible?

 

Should i just go for the lack of CCA?

 

So many questions lol

 

Im going to send a non compliance about the statements, even tho i got them, ill do a rough letter and post it to see what any experts think

 

 

Do you hear the music.................. MBNA lets dance :D

[lookinforinfo]

The best you can hope for is that your debt is written off and any defaults

on your credit file deleted.

You won't be able to claim a refund since the lack of the original agreement

means that you are claiming that you do not recognise the debt. Therefore

you cannot then turn around and ask for money back on the debt.

[wednesday1867]

Even though i am still paying them and the account is running as usual?

[standingupformyself]

Devils advocate here///

MBNA and Barclaycard have both not produced true copies of CCA for me, MBNA have nothing and BC have not enough.... however they both word letters to insist that what they have is enough, and the debt is still valid etc etc My outlook on this is: play them at their game for the time being, pay the debt and claim the charges.... then afterwards when, and if, that is over, reclaim off them.... using their non compliance of providing the CCA and claim back all interest paid to them, using the argument that the agreement does not exist....

[wednesday1867]

Right im not sure where im gonna go with this claim now

I do know i want my full details, such as interest rate and value of interest charged and value of ppi charged, so here is a letter ive composed, looks ok to me, hopefully reads ok?i scavenged bits from the non compliance letter.....

Dear Ms Claridge,

 

I am writing in regard to your letter dated **/**/07, which contained your views regarding the value of MBNA’s charges and also included a print out of all my transaction details.

 

 

Firstly I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated **/**/07.

 

The disclosure of personal data is incomplete. My original request was for “a complete list of transactions and charges relating to my banking history with your organisation”. Although I did receive a complete print out of my account history, it was missing vital charges and information, such as:

 

Interest rates ( Amount of interest I’m paying at any given point)

Interest Charges ( How much is being added monthly)

PPI Charges (How much was the premium each month and how did it vary)

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 10 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Also regarding your goodwill payment of £*** to be credited to my account, I can not and will not accept this payment at this time especially without the information I require.

 

Also you state my £10 postal order was to be enclosed, unfortunately it wasn’t, so in my view, the fee has been paid.

Any views?

[standingupformyself]

just sorted my paper work out..

Over limit fee 2001-sept2002 £18

Late fee for above the same

£20 for both Sept 02-Oct03

23.10.03-5.6.06 both charges £25

£12 from thereon

I have been charged 24.9%, which seems quite common

 

Hope this helps

[wednesday1867]

Thanks Standing, if ive been charged 24.9, its an extra £190

 

What do you reckon to my letter standing?

 

No idea, which way i need to take this now

 

All i do know, is i need to go to bed, working in Livingston tomorrow its a long way from South Yorkshire

[Pandora_nini]

Hello Wednesday, just subscribing to your thread - am just behind you in terms of claiming back charges, etc - so it's really helpful to read your thread. Good luck with it.

[wednesday1867]

And to you to Pandora, i've just been reading yours, seeing which way your likely to go

 

Good luck on whatever you choose, if you choose the S.A.R - (Subject Access Request) or the cca.

 

Now must go to bed, Scotland is calling.......

[lookinforinfo]

You run the risk that if things do not go your way that the most you get back

are the unlawful charges which will be used to reduce the debt but you

will be faced with having to pay the balance. And any default will run for

six years after the debt is cleared. Up to you.

Of course you will be able to get them for committing an offence..

[Pandora_nini]

You run the risk that if things do not go your way that the most you get back

are the unlawful charges which will be used to reduce the debt but you

will be faced with having to pay the balance. And any default will run for

six years after the debt is cleared. Up to you.

Of course you will be able to get them for committing an offence..

 

 

Hi, I wondered what you thought would be the best way to proceed, chase for the charges/interest etc, and then go for a write off if no agreement can be produced? Or push for the agreement?

I'm in a similar situation, and really not sure of the best way to pursue it.

[lookinforinfo]

It may depend on a number of things such as-

1] Do your charges come to more than the debt

2[ are you strong enough to pursue the bank/DCA to Court

etc

 

The simplest way is to send £1 and a CCA request. If they cannot produce

the original agreement in the required timescale, you do not need to repay the

outstanding amount. You do not have to go to Court, nor work out how much

they owe you in interest and unlawful charges. It is usually quicker and easier

to resolve as well.

If they do produce a properly executed agreement, then you can send them

£10 and an sar to recover the unlawful charges and thus reduce the debt.

[wednesday1867]

Evening all, im back again

 

 

Right then today i sent the pre posted letter, witha few changes, giving 7 days instead of 10 etc. Did say in it i can not and will not accept the offer without the full info of S.A.R - (Subject Access Request), so hopefully dont need to send a rejecting letter just yet.

 

JUst got in to find my latest statement from MBNA

 

The PPI refund i mentioned in an earlier post, was for £4 no idea why, so my complaint letter should still do the trick for now

 

Standing and Pandora, we seem to be in a mire as to go for the charges or the cca route.

 

Well by my maths above if i reclaim charges and PPI i come out with a couple of quid, more than if i went the cca route. I wrote to MBNA 19 May to tell them my account was in dispute regarding lack of agreement. Well as i said today i received my new statement, on the bottom there is a calculation of next months interest charge. Now am i right or wrong if my account is in dispute they cant charge interest? If MBNA dont view my account as in dispute, neither do i

 

So they cant or havent produced my agreement, they have 7 days to produce the info i asked for in the S.A.R - (Subject Access Request), interest rate and ppi charges etc. When all this comes in, im gonna have a 2 pronged attack, one for charges and one for ppi.

 

[wednesday1867]

Their 7 days is nearly up (posting this as tempted receipt of transaction list next day ) so if nothing arrives in the next day or two.

 

 

Cmon MBNA give me something to work with Ive got demands for refunds coming out of my ears to send to you, just need those last few details before i hit the trail......

[standingupformyself]

Hi Wednesday, are you ok?

I am ready to file at court now, still intending to take the claiming back charges route myself. Have just been offered a 2nd goodwill payment, as well as the first, taking me up to £1750, it's for nearly all the charges, but I want the interest too.... Am watching your thread with interest to see if something similar is going to happen to you.

Keep us posted xx

[wednesday1867]

Im not too bad standing, thanks

 

Working too much tho grrrrr oh and footy season is finished other than that im tip top thanks

 

Im glad your getting somewhere standing, im like you, i want charges and interest back, if i ever find out the interest thay charged me. If i can claim charges and PPI back, that will leave them owing me and as they are currently adding interest on to my account, they dont accept its in dispute, so like i said, neither do i.......

 

Think the 7 days is up tomorrow or Thursday regarding the statements, doubt ill get them, but lets hope and see eh:)

[standingupformyself]

the footy finished? I am enjoying the break.... having said that Torquay United dropped out this season, bless 'em !!

[wednesday1867]

Yeah i know and to think we were playing them 2 years ago

 

Buying my season ticket in a fortnight, hence why i posted on your thread for not really wanting to file at court for the non compliance.

 

Just realised i paid nearly £700 to a dca last year at the beginning of my DMP, dca or payplan were using an account number too short. Got the statement from Egg (original debt) the £700 hasn't been credited, even tho they knew about the mistake, so that could of gone if id not known about bank charges etc just got to now find where it is and get it paid to Egg

[standingupformyself]

I understand, |I have got three claims, all at filing at court stage, but 2 weeks before a holiday means I will probably have to wait a little while...

 

good luck with the Egg stuff though, seems to me that the more we look, the more we find..............

[wednesday1867]

Well no reply to email and their further 7 days is up tomorrow

 

Looks like ill be filing at court, extending the process

[joesoap]

Im not too bad standing, thanks

 

Working too much tho grrrrr oh and footy season is finished other than that im tip top thanks

 

Im glad your getting somewhere standing, im like you, i want charges and interest back, if i ever find out the interest thay charged me. If i can claim charges and PPI back, that will leave them owing me and as they are currently adding interest on to my account, they dont accept its in dispute, so like i said, neither do i.......

 

Think the 7 days is up tomorrow or Thursday regarding the statements, doubt ill get them, but lets hope and see eh:)

 

Fixtures out now though, soon be the start of another glorious (sic) season for us.

[wednesday1867]

Do you mean Wednesday or Newcastle?

 

Already planing my trip to Ipswich for opening day

 

Then down to Millmoor a few days later, might even get my ugly mug on SKY

 

Dont know what (sic) means

[joesoap]

Do you mean Wednesday or Newcastle?

 

Already planing my trip to Ipswich for opening day

 

Then down to Millmoor a few days later, might even get my ugly mug on SKY

 

Dont know what (sic) means

 

It's the toon and "sic" is sarcastic as in the cr*ppy seasons we've had since the demise of KK and Sir Bobby.

[standingupformyself]

Hiya mate. I havent heard a dicky bird (nor a seagull!!) either from my email, so it looks like its court for me, its just going to have to wait a couple weeks, darent dig into the holiday savings money....