AlphaGeeK Vs MBNA **WON**

[Alphageek]

I received a letter today in reply to my S.A.R - (Subject Access Request).

 

A covering letter from Rachel Claridge, Assistant Vice President no less. Returning my cheque for £10.00 as they say they have provided the information on this occasion FOC.

 

Then pages of transactions that look like a spreadsheet printout not copy statements.

 

The list of transactions start in May '01 but the second line shows a direct debit payment being made for more than the purchase I made on transaction 1 and only one day later.

 

I conclude they think that sending me the previous 6 years of transactions satisfies my SAR.

 

There is nothing else re letters or phone call logs or transcripts.

 

I don't remember getting any letters from them, but plenty of phone calls.

 

Still nothing in reply to my CCA and I assume even if it's just an agreement they send me, at least I'd know when I opened the card account.

 

Advice please.

[Alphageek]

Will mail this to them in the morning re the incomplete S.A.R - (Subject Access Request) info.

 

Address

 

Wednesday, 06 June 2007

The Compliance Manager

MBNA Europe Bank Ltd

Chester Business Park

Chester

CH4 9FB

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam,

 

Re: − Account Number 0000

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated Monday, 15 May 2007 (copy enclosed) and my returned cheque. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

1.You have failed to provide a complete list of transactions and charges dated between account opening and 11/05/2001

2.You have provided no notes or documents relating to instances of manual intervention.

3.You have provided no notes or documents relating to letters sent and telephone calls you have placed to me. For example, I took a call from someone purporting to be calling on behalf of MBNA at work number on 15th May 2007.

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.

I re-enclose the fee of £10.00 which represents the sum payable for my request. These funds are to be used solely for fulfilling my information disclosure request and not for any other purpose, e.g., credited to my account.

You have a further eighteen days to comply or I will seek an order in the County Court under the Data Protection Act.

Yours sincerely,

Alphageek

 

Enc: Copy letter dated Monday, 15 May 2007

Personal cheque number 000000

Via Royal Mail Recorded 1st Class – 00 0000 0000 000

 

[miss muppet]

Im just looking forward to adding the "goodwill gesture" about me paying them, cos when we have them by the short and curlies they are throwing goodwill gestures at us left right and centre. When they have us by the short and curlies, no sign of goodwill anywhere, they just grab on tighter

 

 

So in my case, hopefully ill get the chance to make them squirm

 

Sorry for hijacking your thread since ours is about B/card but thought you might enjoy paragraph from my hubby's letter claiming costs of preparing for prelim hearing in response to B/card's offer "My professional time is normally priced at £xxx however the general recommended rate from Customers of the Banks is £9.25ph and as I am a reasonable person and am aware that the Claimant is under a duty not to unduly enrich themselves or profit by others misfortune and as a concession I will accept that rate.

[Alphageek]

Thanks Miss M

[pookeymonkey]

Hi Alphageek:)

 

Have been reading your thread and I have had dealings with Global Vantedge after MBNA got fed up with me, I don't think they are a DCA as my account has now been sold to Equidebt.

 

Anyhow you might want to look at this link for Global GVI - Offshore Outsourcing Credit Collections Recoveries Account Receivables Management it tells you all about the company and it comes from the horses mouth!!!

 

Good luck, Pookeymonkey:p

[Alphageek]

Thanks Pookeymonkey

 

I got another letter from them toady.

 

Account Number: xxx

Amount Due: xx.xx

 

Dear Alphageek.

 

Your MBNA account has been referred to us due to your outstanding arrears.

 

MBNA values your business and has asked us to work with you to resolve your current outstanding arrears, please contact us on free phone 0800 404 9316 to make a debit card payment today.

 

If you do not contact us immediately we will begin efforts to resolve the situation that may include contacting you at home and/or your place of work. By making this payment you can prevent your account from the possibility of registering adversely with the Credit Reference Agencies, which may have a negative effect on you obtaining credit in the future.

 

Please make even effort to resolve this important issue.

 

You can contact us from Monday to Saturday 8:00am to 9:00pm on free phone 0800 404 9316.

 

If you have made a payment of the amount requested in the last three days please ignore this letter.

 

Yours sincerely.

 

UNSIGNED

 

Global Vantedge Private Limited.

 

---------------------------

FOR PAYMENT - Please complete and return this slip with your payment to:

 

MBNA EBL

P.O. BOX 30

Chester

CH4 9FD

 

Customers Name: Alphageek

Account number is: 0000

 

(Please note that all cheque payments are to be made to MBNA EBL)

 

Amount Due xx.xx

Dear Global Vantedge,

 

Please make even effort to resolve this important issue.

Don't worry, I am.

 

Yours, Alphageek

[xrt665]

When you are called by Global Wantage just ask them the same questions that you KNOW they are about to ask you. Full name, DoB, Mother's Maiden Name and whatever else grabs you. Phone call soon stops. Works a treat!!!!

[pookeymonkey]

Hi Alphageek:)

 

Your letter from Global is identical to the 2 I had received from them, I think it's probably a standard one they like to send out.

 

Also, I had heard somewhere that Banks/Dca's are not allowed to call you at work unless you give them permission?

 

So perhaps you might bring that up with them next time:D

 

Good luck, Pookeymonkey:p

[miss muppet]

Tee Hee, that is wonderful xrt, can't wait to try it:D Daughter has had letter from GV to-day - pay up £220.93, yeah right - where's the agreement:p

[Alphageek]

I had a call from one of them as per post #6 - they gave up easily and have not called since. If I were MBNA i'd want my money back... oh, hang on a minute.. It's me who wants my money back. Stay focused Alpha, stay focused.

 

[dpick]

Hi all I am not sure of this but I believe global are in some way part of MBNA they only tried to get me to pay arrears and had no knowledge of my account balance etc. Their callers are on commission basis so if you refuse to answer their security questions they soon give up and return account to MBNA

 

dpick:p

[miss muppet]

LOL Alphageek!

[Alphageek]

Royal Mail show my SAR LBA delivered on the 9th June.

[Alphageek]

Still had nothing in reply to my CCA request. Can someone point me in the direction of a letter telling them the account is now in dispute as they have defaulted on the 12 days time scale for producing the copy agreement.

 

I'm sure I have seen one on here, I'm just a bit brain-dead tonight

[miss muppet]

Hi Alphageek, will this do?

 

Dear Plonker

Account Ref

 

As you are aware,I wrote to you on xxx making a formal request for a copy of the signed executed agreement for the above account under Section 77(1)and Section 78(1) of the Consumer Credit Act 1974. This letter was received by your company on xxx. You are reminded that you are obliged to supply this document.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. The time limit for the intitial provision of the agreement expired onxxxx.

As you are no doubt aware, Section 78 (6) states:

A creditor under an agreement fails to comply with subsection (1)

(a) He is not entitled whilst the default continues to enforce the agreement and

(b) If the default continues for one month he commits an offence.

I understand that under the Consumer Credit Act (1974) creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTION BEFORE I CORRESPOND FURTHER:

True copy of original credit agreement.

As you are aware a credit agreement that is not properly documneted and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note that at this stage that any legal action you may contemplate will be both vigorously defended and contested.

Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT)Debt Collection guidelines of July 2003 in that you have communicated with (me) in an inaccurate or misleading manner (Section 2.1)by presenting information in that it creates a false or misleading impression and 'failing to provide (me) with information on the status of debts'

Notwithstanding the above I believe that your operatives have sought to contact me on a number of occasions, I would imagine regarding your company's viewpoint on the above now disputed agreement.

I now consider that considering your faiulures as mentioned above, any telephone calls from you constitute harassment and so from this date any further calls to me will be reported to the Police

In addition, you are in breach of the OFT's guidelines in that you are wrongly pursuing (me) contrary to Section 2.8(1).

Failure to comply

Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading and Trading Standards

Failure to comply with the requirements of the the Office of Fair Trading guidelines will lead to a report being submitted.

Continued Telephone contact will generate a complaint for harassment to the Police.

If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

Yours Alphageek

Obviously leave a bigger gap between paragraphs but think this should do the trick:)

[Alphageek]

Perfecto miss muppet, thanks.

[miss muppet]

No probs, Daughter has just shown me her letter from Abbey "In reference to the copy of your original agreement which you receive with your credit card actually serves as your copy of that credit agreement for the purposes of Section 85 of the Consumer Credit Act 1974. This is sent to you in the form of "a credit card mailer" and comprises a credit card which is physically attached to the copy of your agreement":cool: Don't be surprised if something similar comes your way soon!!Don't forget our motto - where's the agreement!

[Alphageek]

Blooming heck!

 

Just filled in a spreadsheet with the info I got from them in their partial response to my SAR.

 

Including 23.95% CCI the total comes to £2269

 

And I noticed they charged me twice on my birthday over the years and once on Valentine's day!

 

Have these people no pity?

[miss muppet]

Thats not much of a birthday/anniversary present AG, now its time for you to give them a little pressie!

[Hopeful1]

Hi Alphageek, it's good to see you're still 'at it'. I'm liking Miss Muppet's letter re non compliance. Hubby's CCA request is now in default and counting down the days to 30 day expiry. Have had similair letters to you. Am going to be asking for their complaints form! Also waiting for S.A.R but they're within time limit - at the moment.

 

Will be keeping that letter up my sleeve.

 

Keep up the good work

[Josie8]

Hi Alpha has MBNA sent you a CCA yet??? I ask because I'm still waiting and they are now in criminal default which I've just had great pleasure in sendding them a letter over !! :)

[Alphageek]

No, nothing for CCA.

 

They are probably still designing it

[Josie8]

..............................

Edited January 21, 2009 by Josie8

[miss muppet]

Along the lines of here's one I made earlier?

[Alphageek]

Oh, but I did get a charming letter from them today.

 

 

Dear Alphageek

 

Account: 0000

Balance: £x

Limit: £x

 

Your decision not to pay your arrears of £x, despite our reminders and offers of assistance, has forced MBNA to withdraw your credit line, and inform the Credit Reference Agency of the arrears.

 

If you persist in non-payment, your arrears will continue to be reported to the Credit Reference Agency, leading to a Default being registered against your name. This may severely affect your ability to borrow in the future, and will increase the likelihood of legal action, or a referral to a Debt Collection Agency. In addition, if a Default Notice is served on you, the full outstanding balance owed by you will become due immediately. You can prevent any of these actions being taken by choosing to bring your account up to date. Payments can be made by debit card on freephone 0800 028 0687; at your own bank using your statement giro; or by cheque payable to 'MBNA EBL', sent to:

 

MBNA Europe Bank Limited

PO Box 175

Bolton

BL78 7NA

(Please write your credit card account number on the front top left-hand corner of the cheque.)

 

If you are unable to make your payment, please do not ignore this letter. Our specialists are available to assist you on 0800 028 0687 Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to lpm.

If you have made a payment on the account to cover the arrears in the last three days, please ignore this letter.

 

Yours sincerely

 

Patricia Brassil Poole

Head of Customer Assistance

Any suggestions?