CCA Request_MBNA c/card with Connaught dca

[Helpseeker]

Hello,

I have summarised the details of this a/c below:

Type of a/c: c/card
C/card company: MBNA
Correspondence: over the years I've received updates of interest rate changes, t&c changes, settlement offers of varyng amounts
Opening credit limit: £2,500
Date c/card opened: Jun 1999
PPI Included: Yes
Charges, Late fees, Over Limit fees incl: Yes
Name of dca: Connaught
Current monthly payments: yes by d/debit
Latest payment made: August 2013
Next payment due: Sept 2013
Statement of payments received from dca: once per year
Balance to date: £5,500

Letter from MBNA of a/c being sold to 1st Credit in January 2006.


At the end of July 2013, I sent a cca request letter to Connaught (dca). Within the time-frame I received a letter with the response below in blue font.
"Thank you for your recent correspondence. Your letter has been passed to the appropriate department and they shall respond in due course."

There was no other information or attachments enclosed. To date, I'm still waiting to be updated.

Could I put in a request for repayment of the charges and fees on this a/c?
If so, which would be the most appropriate spreadsheet/calculator to use?


Regards
HS.

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

Hello,

I have summarised the details of this a/c below:

Type of a/c: c/card
C/card company: MBNA
Correspondence: over the years I've received updates of interest rate changes, t&c changes, settlement offers of varyng amounts
Opening credit limit: £2,500
Date c/card opened: Jun 1999
PPI Included: Yes
Charges, Late fees, Over Limit fees incl: Yes
Name of dca: Connaught
Current monthly payments: yes by d/debit
Latest payment made: August 2013
Next payment due: Sept 2013
Statement of payments received from dca: once per year
Balance to date: £5,500

Letter from MBNA of a/c being sold to 1st Credit in January 2006.


At the end of July 2013, I sent a cca request letter to Connaught (dca). Within the time-frame I received a letter with the response below in blue font.
"Thank you for your recent correspondence. Your letter has been passed to the appropriate department and they shall respond in due course."

There was no other information or attachments enclosed. To date, I'm still waiting to be updated.

If you are looking for statements as you'd need to obtain for a PPI reclaim, then you'd need to send a SAR. The CCA request is just a request for a copy of your credit agreement, not a request for account history. Do bear in mind most banks will only send statements for the past 6 years, if this was defaulted over 6 years ago, MBNA may not have much to send in the way of statements, if they are over 7 years old. MBNA only sent me statements going back to 2004 (I sent my SAR in 2010).

Could I put in a request for repayment of the charges and fees on this a/c?
If so, which would be the most appropriate spreadsheet/calculator to use?

You say above you had PPI, which is likely to be much more than any charges. Normally you can only reclaim charges if they are regarded as excessive. I'll leave the reclaim side of things to LB's most capable PPI team :yo: but I'd say when you have an outstanding balance, any redress is likely to be applied to your account to reduce the balance rather than being paid back to you, although the jury is out on this one and there was a thread here about it not long ago. Di30, Turbo and Bill-K should be able to point you in the right direction. :yo:

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

Below is a SAR letter template you could use, it should be sent recorded delivery with a cheque or PO for £10. Sign using a computer font rather than your real signature. They should reply in 40 days. :typing:

Unlike CCA requests, SAR letters should go to the original lender (MBNA in this case) rather than the DCA who wouldn't have all the documents.

Account No xyz

Subject Access Request - S.7 Data Protection Act 1998

Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts,I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on all types of media in any relevant filing system (microfiche included). If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully,

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hello FP,

Thanks very much for your information.

When I look through my paperwork, I seem to have the majority of monthly statements.
Do you think I should still send off a SAR?

Regards.

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

Hello FP,

Thanks very much for your information.

When I look through my paperwork, I seem to have the majority of monthly statements.
Do you think I should still send off a SAR?

Regards.

That's up to you, if you think you have all the info you need, then you probably don't need to send a SAR. A lot of us are not that organised to have all the statements, at least not where we can find them!

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Good Morning FP,
I think it's more down to the fact that with my last job, I was used to filing away important financial papers (due to audits etc.), and it was a habit that has stuck with me over the years. It certainly seems to be paying off lately :yo:

That's up to you, if you think you have all the info you need, then you probably don't need to send a SAR. A lot of us are not that organised to have all the statements, at least not where we can find them!

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

UPDATE:

Hello FP,

I hope you are well?

I have an update relating to this account.
From late September to early November 2013, I received letters from connaught & first credit (both dca's) where they initially requested reinstating monthly payment, and then they offered discounts to settle the balance on account.

I then received the latest response to my CCA request dated 29th July 2013 to MBNA. The correspondence is attached and redacted which contains the main response letter from fc and the t & c's. Please let me know if you can see any of my personal details?

However, I have a few concerns:

1. Their response letter does not refer to the date of my original letter, dated 29th July 2013. Their t & c response has exceeded the 14 day and 40 day deadlline, by several months.
2. Can you tell if this is an original t & c?
3. On the Credit Card Agreement with the page numbers, it shows that there are 7 pages. Page 1 of 7 is missing, but the rest of the pages are there.

If you require any further visual clarification of this paperwork, I would be happy to send the unedited version to a designated email address.

I welcome your response in regards to my next steps.


Kind regards,
HS.

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

UPDATE:

Hello FP,
I hope you are well?

I am well although a bit cold!

1. Their response letter does not refer to the date of my original letter, dated 29th July 2013. Their t & c response has exceeded the 14 day and 40 day deadlline, by several months.

Even though they didn't respond within the timescales, they have responded now, so it doesn't make much difference that it was late. The 40 day deadline would have applied to a SAR, not a CCA request. In any case, you've got their response, so you can't argue they are in default anymore. The idea is that, once 14 days have passed, you can argue they haven't complied with your request and the account is unenforceable until they do comply.

2. Can you tell if this is an original t & c?

I can see you applied in April 99 and the terms are dated December 98 so they appear to be the ones from inception.

3. On the Credit Card Agreement with the page numbers, it shows that there are 7 pages. Page 1 of 7 is missing, but the rest of the pages are there.

My guess is, page 1 must be the one headed Financial and Related Conditions. Although not very clear, the layout of that page seems to be the same as the rest of the agreement.

If you require any further visual clarification of this paperwork, I would be happy to send the unedited version to a designated email address.

I welcome your response in regards to my next steps.

I've not looked at every term in detail but one thing that strikes me is the lack of PPI terms. On your post below, you say you had PPI on this card. That being the case, they would have to supply terms for the PPI as well as the credit card. Lack of PPI terms means they haven't complied fully with your s.78 request. :thumb:

C/card company: MBNA
Correspondence: over the years I've received updates of interest rate changes, t&c changes, settlement offers of varyng amounts
Opening credit limit: £2,500
Date c/card opened: Jun 1999
PPI Included: Yes

[Amethyst]

Re: CCA Request_MBNA c/card with Connaught dca

Can you actually read the copy of the back of the application form ? (I can't on the scan).

Can you see what the interest rates are on there to compare to those in the reprinted Dec 98 terms?
Also check if there are any referenced terms that match up with terms on the reprints.

But yip all looks compliant on the CCA side. As FP says, do you have the PPI terms ?

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hi FP,

Thanks very much for clarifying my query about the dates and for mentioning the ppi.
Yes, I defo had ppi on the card.

Until it's received from them (dca), I'm still concerned that there is a page missing.
For example, it doesn't make sense for page 2 to be on the back of page three as opposed to being on the back of page 1.

--

Hello Amethyst,

Thanks for your input.
Before I can answer the questions you have asked and just to make double sure, are you stating that I should look at the original paperwork that I have and make comparisons?

Regards,
HS.

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hello Amethyst,

After re-reading your response, I do believe you mean that I should compare the two. So I have compiled the information below, point by point.

A. "Can you actually read the copy of the back of the application form ? (I can't on the scan)."
I can read it more clearly with a magnifying glass which I'm using now.

----

B. "Can you see what the interest rates are on there to compare to those in the reprinted Dec 98 terms?"

ORIGINAL VERSION
The first statement dated Jun '99:
Promo Int Rates: Retail 1.46% APR 18.9%; Cash 0.56% APR 6.9%

The statement dated May '00:
Int Rates: Retail 1.5274%; 1.5274%

The interest rates then increase over the years, see below
i.e. Dec 00 Int Rates: Retail 1.8053%; 1.8053%
i.e. May 03:
Promo Interest Rates: Retail 0.1610% Cash 0.1610%
Interest Rates: Retail 1.0941%; 1.0941%


REPRINTED VERSION
I've typed out the details below:

4. The minimum payment shown on the statement will be the greater of:
(a) 2% of the Account balance as shown on the statement; or
(b) £5, or the Account balance as shown on the statement if less than £5; except as mentioned in conditions 9.4, 10.5 and 10.6

5. We will charge interest on the outstanding amount of;
(a) any Retail Transaction at 1.46% monthly, except as mentioned in condition 9.1;
(b) any Cash Advance
(i) if made during the period of six months starting on the date of opening the account, at 0.57% monthly during that period, and then at 1.46% monthly; and
(ii) in any other case, at 1.46% monthly; and
(c) any charge under condition 14.1 at 1.46% monthly,

6. We will charge a handling charge for a Cash Transaction of 1.5%, minimum £1.50, maximum £25.

7. This then shows a table with the APR that is dependant on the type of transaction, interest charged and the credit limit.
Already shown in the attached document.

----

C. "Also check if there are any referenced terms that match up with terms on the reprints."
This is a big one and may take some time. I will look into it and update when completed.

----

D. " But yip all looks compliant on the CCA side. As FP says, do you have the PPI terms ? "

Okay. The only info showing on the reprint for ppi is the following:

ORIGINAL VERSION

Credit Agreement
12. Optional Payment Protection Cover
12.1 If you cancel this Agreement, we will cancel any Payment Protection Cover which you have taken through us for this Agreement.

REPRINTED VERSION

Credit Card Agreement
20.9 If you have taken out payment protection insurance through us protecting your repayments under this agreement, we will cancel the cover:
* if you or we end this agreement or close your account;
* if we decide no longer to offer the insurance, although in this event we would provide you with 60 days' prior notice of our intention to do so.
In the event of cancellation for any reason, any claim which you have notified prior to cancellation will be unaffected.


Regards,
HS.

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

I also have a seperate booklet that has information about Insurance. There are headings:

- Purchase Protection Insurance
- Payment Protection Cover.

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

I also have a seperate booklet that has information about Insurance. There are headings:

- Purchase Protection Insurance
- Payment Protection Cover.

Was that booklet provided by THEM as part of their response to your s.78 request or is it something you found buried in your filing system?

[Helpseeker]

Re: CCA Request_MBNA c/card with Connaught dca

Hi FP,

No, they only sent the paperwork.
The booklet was what I found in my filing system

Was that booklet provided by THEM as part of their response to your s.78 request or is it something you found buried in your filing system?

[FlamingParrot]

Re: CCA Request_MBNA c/card with Connaught dca

Hi FP,

No, they only sent the paperwork.
The booklet was what I found in my filing system

In which case, it couldn't have been part of their response to your s.78 request, could it? :nono: Meaning they are still in default for having only partially complied. :thumb: