AlphaGeeK Vs MBNA **WON**

[Hopeful1]

Hi Alpha

 

That letter looks fab - MBNA in default with hubby's too. It's all very quiet on that front. I will be stirring the ashes with a letter at the weekend.

 

Hope the house moving goes smoothly

[Alphageek]

Thanks Hopeful1 - I suppose I should start packing

[miss muppet]

Don't forget to leave the teapot, milk and biscuits out!

[Alphageek]

Well what do you know? Received a reply to my CCA request, dated the 5th July, 2007

 

Dear Alphageek

Account: xxx

Thankyou for your recent request: please accept my apologies for the long delay in replying. I can confirm the following are enclosed:

 

•Copy of the Original Credit Card application

•Terms & Conditions

•Copy of your most recent statement

 

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

 

Yours sincerely

 

Peter Cross

Customer Assistance Manager

Here is the scan (for what it's worth)

 

CCA Scan

 

Interestingly, it looked like it had been faxed to them and it had a timestamp on the top of 12/6/07. I requested on the 15th May and they don't mail it until 5th July. Go figure!

 

Also, 4 pages of their current T&Cs.

[miss muppet]

Looks like you've got 'em stuffed AG;)

[Josie8]

Think we're all still looking for the first enforeceable MBNA agreement :grin:

[miss muppet]

Going to try our happy little band as didn't get much response on the consumer credit agreement thread or anyway not one I could understand, so what do we think is this an application/agreement and are Abbey waffling on or are they correct?

[Alphageek]

Hi MissM - did you get a reply to this?

 

Sorry I have been away - moving house takes longer than you imagine!

 

Anyway, I have received a letter dated 19th July where they are threatening to default me.

 

Letter here in MS Word Format

 

I am pretty sure that the default notice is not even in the correct format. What do you all think?

[Josie8]

Its just a threat to default you not the actual default notice

[miss muppet]

Hi AG, glad you're safely moved, nope didn't get reply from anyone-its lonely out here boo hoo! Could be something to do with my scanner, still have to try and reinstall it, dpick did say he thinks its an application form, they were on the 'phone ansaphone yesterday saying it was really urgent my daughter rang them back - yeah right!!

[Alphageek]

Hello (if anyone is still reading this!)

 

Sorry I have been off the grid for ages, I think I was abducted by aliens or something like that

 

Anyway, I am back now and have an update about our friends at MBNA.

 

Just getting my scanner and OCR stuff set up, will post soon.

 

Was just wondering who was still about and if you can share any priceless updates with me.

[Josie8]

Hi Alpha welcome back

[Alphageek]

Hello Josie, nice to see you're still here

 

How goes it with you?

[Alphageek]

Received this letter from MBNA around the 19th July 2007

 

18 July 2007

Dear Mr Geek

Account xxx

We are in receipt of your letter dated 6 June 2007.

 

I regret you do not feel that we provided the information requested in your letter dated 15 May. The Data Protection Act requires that we hold personal data for no longer than necessary. The financial service industry has taken the view that account information should be retained for no longer than six years to ensure compliance with this requirement.

The statute of limitation act allows individuals the right to claim thought the courts for a period of six years after an event occurs, hence we only provided information for the past six years i.e. from May 2001 to May 2007. Please note that under the data protection act we are only obliged to provide transactional information not copy statements.

Should you require a full subject access request please write to the Bank's Compliance Manager, at Head Office in Chester enclosing proof of identity e.g. signature (unless we have verified this by our normal procedures) and any information that will help us locate the information, e.g. account number, reference number, address etc together with a fee of £10. Without the relevant identification we are unable to comply with a full subject access request. However, we are aware that customers are requesting account information with the intention of reclaiming default fees charged. As these requests do not constitute a full subject access request we are able to supply a list of transactions and charges made on an account. This information is being supplied free of charge hence the reason we returned your £10 cheque.

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. When customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each customer and for good reason. We expect every customer to respect their credit limit. If a customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

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 a cheque was returned unpaid.

 

We would like to resolve this matter and I have therefore arranged for a goodwill payment of £390.00, to be credited to your account. I trust that you will find this an acceptable resolution.

You may know that the Office of Fair Trading issued guidelines in April 2006 for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we 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. You will have received notification of the changes to the terms and conditions, which we expect you to honour.

If we do not hear from you within eight weeks of the date of this letter, we will assume that the matter is closed.

Yours sincerely

 

Rachel Claridge

Assistant Vice President

 

 

Along with the same list of transactions (in spreadsheet style) they sent me on the 5th June 2007.

[Alphageek]

Then got this;

 

 

July 23,2007

 

Dear Mr Geek

Account: xxx

 

You are in breach of the agreed Terms and Conditions and due to the level of arrears on your account, a decision has been made today to place a restriction on the account.

 

This means that your card(s) and credit card cheques cannot be used until further notice. If you have regular transactions such as Internet payments, please cancel them at once.

 

Please cut up and return all cards in your possession to:

MBNA Europe Bank Ltd PO Box 30 CHESTER CH4 9FD

 

This restriction does not have to be permanent. There are steps you can take to help facilitate the reinstatement of the card facility:

 

Payments on your account brought up to date.

 

Regular payments on your account for at least the next three months and the balance on your account

reduced to sufficiently release available credit.

 

Please note that failure to bring your account back within the agreed Terms and Conditions may result in further action being taken to recover the full outstanding balance on your account.

 

If this restriction is still in place when your balance is cleared in full, the account will register as closed with the Credit Reference Agencies.

 

Our Customer Assistance specialists are available to assist you on freephone 0800 389 9002, Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to 1pm.

 

Yours sincerely

 

Patricia Brassil Poole

Head of Customer Assistance

[Alphageek]

Then on the 25th July 2007 they sent this;

 

Dear Sir / Madam,

 

Account x

 

Thank you for your recent communication. We are currently investigating your complaint and will provide you with a full response by August 05, 2007.

 

In the meantime, should you have any further queries relating to this letter, please call our Customer Advocate Office, on 01244 672628 between 9am and 5pm, Monday to Friday.

 

Yours sincerely

 

 

Rachel Claridge

Assistant Vice President

 

Enc. 'Our Commitment To You'

 

 

They seem to have forgotten my name or just demoted me to a sir or madam.

 

No idea which letter Ms Claridge was replying to here.

[Alphageek]

Ah, no - I have been promoted back to Mr Geek again.

 

30 July 2007

 

Dear Mr Geek

 

Account x

 

We refer to your recent correspondence concerning default fees on your account. I would like to clarify 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. When customers pay late, we incur substantial costs in dealing with their default. Similarly, we have set credit limits carefully for each customer and for good reason. We expect every customer to respect their credit limit. If a customer goes over their credit limit, he or she is using the card in a way that is not allowed, in effect obtaining unauthorised borrowing. We, therefore, lend more than we agreed to, and take on risks, which were never accepted in the first place. In the case of both late payments and overlimit usage, and also where a cheque is returned unpaid, we look at the portfolio as a whole and set uniform charges reflecting our costs of dealing with such defaults of customers overall, as do all other major credit card providers. This approach allows us to be clear and upfront about all default charges and the basis on which they are applied.

 

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 a cheque was returned unpaid.

 

We do value your custom and so we would like to resolve this matter. I have therefore arranged for a goodwill payment of £xxx.00, to be credited to your account on the basis that this is in full and final settlement of your complaint.

 

Account x will be credited with £x.00 and this amount will be deducted from your balance, not your arrears. Please be aware that account x is currently ten payments in arrears totalling £x.x; there is also an additional payment of £xx.xx due by X August 2007.

 

You may know that the Office of Fair Trading issued guidelines in April 2006 for the level of credit card default charges. MBNA disagrees with the OFT's interpretation of the law and continues to maintain that its default charges have always been fair, legal and transparent. However, we 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. You will have received notification of the changes to the terms and conditions, which we expect you to honour.

 

If we do not hear from you within eight weeks of the date of this letter, we will assume that the matter is closed.

 

Yours sincerely

 

Rachel Claridge

Assistant Vice President

[miss muppet]

Hey AG nice to see you again, I can beat your letter from Rachel, my latest offering from MBNA addresses me but uses my daughter's account number! Have reminded them they have breached Data Protection and also that they need their signature to enforce daughter's agreement and they still haven't come up with any agreement for me other than a reconstructed one with no sigs, my next step with them is an SAR and repayment (hopefully) of PPI numbering a number of years:D

Sainsbury's only came up with an application form!

Doing quite well on OH's behalf too - finally Barclaycard paid up and brought his account back to nil on the penalties and also default removal.

Are you going to raise a case against MBNA?

[Alphageek]

Then I get a strange two page letter dated 9th Aug 2007;

 

Page 1

9 August 2007

 

Dear Mr Geek

Account x

Let us help you to repay the money that you have spent

 

Your account is continuing to fall further into arrears. We need you to take ownership and call us regarding this matter so that we can discuss your situation, and help you to repay the money you have spent.

 

For your peace of mind and to fulfil your duty of repaying the money that you have already spent, we trust you will call us today on 01244 673052.

 

We can look to help you by reducing your monthly payment or potentially by suppressing or refunding some of the fees that you have already incurred. We can also provide you with information to help you deal with your finances in times of difficulty and we have leaflets available which detail your options.

 

In the meantime you need to maintain your account and make a payment of £xx.xx no later than xday xx August 2007.

 

This is your final chance to co-operate before we insist that you disclose your personal assets and income.

 

Our specialists are available to assist you on 01244 673052 Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Yours sincerely

 

Dee Dillstone

Head of Customer Assistance

Page 2

 

If you wish to speak to any of our specialists in the meantime, please call us on 01244 xxxxxx Our specialists are available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am.

 

 

We are waiting to help you.

Yours sincerely

 

Sally Moran

 

Sally Moran

Head of Customer Assistance

Oh dear, they don't seem to know who the Head of Customer Assistance is.

[Alphageek]

On to the 22nd Aug 2007;

 

22 August 2007

 

Dear Mr Geek

Account: x

 

MBNA is concerned about your payment history. Please understand that the balance of £x,xxx.xx is scheduled to be charged off imminently. This means that for the next six years any potential employer, car dealership or creditor who utilise the services of the Credit Reference Bureau will be able to see the details of this information on your credit file. When the amount is charged off a Default is registered at the Credit Reference Bureau and the balance on your account will be SOLD to a Third Party who will continue to pursue you for your debt.

 

As a final attempt to demonstrate our good faith to resolve this matter, MBNA is offering--, you one last opportunity to pay. MBNA will accept a significantly reduced payment based on your circumstances in partial settlement of your outstanding balance. In return MBNA will not take legal action and the account will not be pursued further by any other external vendor.

 

Given your current situation, raising these funds may be difficult, but have you considered the following?

 

-Requesting assistance from relatives and/or friends.

-Remortgaging your property which may release equity to pay off your creditors. Remember we will forgo a significant proportion of your balance if you agree to settle this account. This will also report on your credit file as being partially settled which would be more favourable for future applications for credit. To get started, all you need to do is call 01244 xxxxxx.

 

One of our Account Managers will be happy to assist and answer any of your questions. This opportunity is only available until Wednesday 29th August. It is important you let us know of your intention as soon as possible.

 

Yours sincerely

 

Matthew McGrath

Head of Customer Assistance

 

Sheesh - another Head of Customer Assistance. Staff turnover at Chester Towers is quite high.

[Alphageek]

On Aug 27, 2007 I got a letter informing me of changes to my credit card account's T&Cs.

 

Standard stuff I guess.

[Alphageek]

On to 7th Sept, 2007. I get one of those very nasty pink letters others have had.

 

This has got to be illegal?

 

Page 1

 

Page 2

[Alphageek]

18th Sept, 2007 brings;

 

18 September 2007

 

Dear Mr Geek

 

Account: x

Balance: £x

YOU NOW HAVE 4 OPTIONS

 

1. Call and make an immediate payment for your oldest arrears of £ 55.00 via debit card, and

discuss future repayments. Alternatively, you could send a cheque made payable to MBNA with your

repayment proposals to:

 

David Powell

[number]

Customer Assistance

MBNA

Chester

CH4 9FD

2.Call and negotiate a payment programme of approx. £ 45.00 per month. This should only take a few minutes, the sooner you call the sooner we may be able to help you reduce your debt.

3.A Partial Settlement of approx. £x may be available to you.

If you would like to discuss settling the account for a reduced amount based on your circumstances, possibly through the use of savings or alternative financing we will be happy to discuss this option with you. This will allow you to relieve yourself of responsibility for repaying the remaining debt and represents significant savings to you. The non-settled portion of the balance will be registered as a Partial Settlement at the Credit Reference Bureau.

4. Wait for further action.

This could include the account being passed to Collection Agents in your area, who will collect on the full balance and may not be able to offer the options we can, your account will also register as a Default at the Credit Reference Bureau.

Please call Donna Cody on our helpline 01244 xxxxxx, our opening hours arc below

Monday - Thursday8am - 9pm

Friday8am - 5pm

Saturday8am - 12pm

 

Yours sincerely

 

Martin Supple

Head of Customer Assistance

 

Oh dear... another month another Head of Customer Assistance.

[Alphageek]

And on the same day I get a nice postcard from someone in Ireland. I didn't think any of my friends were on holiday.

 

Postcard

[Alphageek]

21st Sept, 2007;

 

CREDITOR'S NOTICE

 

21 September 2007

 

Dear Mr Geek

 

Account x

TAKE NOTE - IF YOU DON'T RESPOND TO THIS LETTER BY

THURSDAY 27 SEPTEMBER 2007 THEN YOU WILL LEAVE US

NO CHOICE BUT TO CONSIDER FURTHER PROCEEDINGS.

 

We do not want to take further action. We most certainly do not want to have to apply to the Court for a Judgment, or if you are a resident in Scotland a Sheriffs Court Decree, and ask them to consider an Attachment of Earnings, or, if you are a resident in Scotland, an Earnings Arrestment, which could be embarrassing for you.

 

However, you are leaving us with no choice if you are not willing to make a level of monthly payments acceptable to us.

There are many ways you can Save money

•You reduce your current balance

•We restructure your outstanding debt to reduce the number of fees that you receive

•You bring your account back up to date

 

Do you really want a Default on your credit file for six years?

 

Call us now to discuss your payment options on 01244 673093, we are available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Please help us to help you. Yours sincerely

 

Martin Supple

Head of Customer Assistance

Well at least Mr Supple is still in a job so far.