MBNA V Birdie's OH

[Birdie]

Hello

Please could someone give me advice re the following:

My husband and I have 3 credit cards with MBNA - ie

One with MBNA in his name, one in mine and then one with Abbey who are owned by MBNA but previously when we have spoken on the phone, they are all dealt with together (I don't deal now by phone!).

When I last spoke to someone at MBNA, they told me not to let payments get more than 6 behind otherwise the accounts would immediately be passed to DCA and that if we worked with them to try to get a loan, then we could make an offer and possibly get the debts reduced by 65%. My dilema is, do I continue to make the payments each month to keep it going to DCA or not, then try to work out some sort of deal with them - although we're in so much debt with defaults etc that I do not think we would be able to get a loan anyway!

Should I just take the bull by the horns and SAR, CCA and dispute and then risk them passing to a DCA (if we choose this route and not make payment by 26th August, they have told me that they automatically default).

Any advice gratefully received.

Thanks.

HLG43

[Amethyst]

Re: MBNA & HLG

Should I just take the bull by the horns and SAR, CCA and dispute and then risk them passing to a DCA (if we choose this route and not make payment by 26th August, they have told me that they automatically default).



You have loads of defaults already so one more won't hurt (ouch lol sorry) so I would go for CCA (use the full CCA request by curlyben as this should give you the statement of account too) send one for each different card account, then go from there.

As far as I recall MBNA arent the greatest at compliant CCA's so could be interesting.

[Paule]

Re: MBNA & HLG

then one with Abbey who are owned by MBNA b

Is this an old card, as Abbey look after their own cards now, they are owned by Santander.

Years ago their cards were run by MNBA

[Birdie]

Re: MBNA & HLG

Hello,

Yes it is an old Abbey card, still run by MBNA.

Thanks

HLG43

[Birdie]

Re: MBNA & HLG

I sent the following letter recorded delivery to MBNA & Abbey ( in the same envelope as the old abbey card debt is still owned by MBNA along with SAR, CCA, dispute letter and no more calls:

With reference to the above accounts, I enclose the following:

1)Letter requesting credit agreement for the above account.
2)Fee of £1 relating to above.
3)Letter request data held by yourselves relating to the above
4)Fee of £10 relating to above.
5)Dispute letter relating to the above account
6)Postal Order for the total of £11 relating to all above made payable to MBNA EBL
7)Letter stipulating no more telephone calls


I've received the following reply:

"Thank you for your request to be provided with personal data pursuant to the Data Protection Act 1998.

Your request to be supplied with a copy of all information held by MBNA relating to yourself is being processed by our compliance department. For security reasons, we require you to provide a form of positive identification (an example of acceptable identification would be a copy or a driving licence or passport which includes your signature).

Although statement information has been sent to you at your address as stated in your letter, unfortunately, a current postal address is not an adequate form of identification. Due to the amount of personal information, MBNA will be sending in your subject access request, including bank details, security information, place of birth and dates of birth, we would require extra identifiaction from our customers.

Upon receipt of the above, we will be hapopy to provide you with the information yo0u require. Please note MBNA Europe Bank Ltd will provide the information to you within the 40 days allowed by the terms of the act.

For details of the credit bureau information used by MBNA and information with regards to your credit status, then you will need to write to the Credit Bureau direction (Experian, Equifax or Callcredit plc) at the following address, enclosing the required fee and ensuring you disclose all previous address at which you have been associated in the last six years. etc etc etc."

Please would someone advise whether I should send a copy of driving licence or passport?

Many thanks.

HLG43

[Guest]

Re: MBNA & HLG

I should imagine they are doing this for nuisance value, nothing more. There is no credible reason why they should suddenly require more identification unless they can also accept that they have been sending statements to you in breach of the seventh principle.

Having said that, it is not really worth arguing over, unless you want to have to wait longer than usual for compliance. The 40 days does not start until the Data Controller is satisfied as to the identity of the person making the subject access request. Therefore, you should just send the copy documents MBNA are asking for.

[Birdie]

Re: MBNA & HLG

Hi,

I'm only just working on the reply letter to them enclosing my passport (it was lost amongst piles of paperwork unfortunately)

I note that in the letter as detailed in my previous post that they mentioned nothing about the CCA request that I had sent at the same time as the SAR request.

I sent the letter Rec delivery on 15th August, they received it 18th August, so by my reckoning they've gone over time - please would someone advise how I play this?

I have drafted the following letter:

Dear R Vernon

Further to your letter of 20th August 2008 I enclose a copy of my passport in order for you to comply with my SAR letter of 15th August 2008 which you received on 18th August 2008.

To date, I note that I have not received a response to my CCA letter of 15th August 2008 which was sent in the same envelope as the SAR letter. As no doubt you are aware, your obligation also extends to providing me with a statement of account. I enclosed a postal order with my original letter, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of that letter.

I understand that under the Consumer Credit Act, 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.

To date, I note that I have not received a copy of my Credit Agreement.

Plus - should I be doing anything else at this stage?

Thanks

Birdie

[Tools]

Re: MBNA & HLG

Heidi Hi (sorry.........couldn`t resist)

Have a look at my MBNA thread if you haven`t already Tools v MBNA ** SETTLED**

I will make sure I get round to posting up the full battle with them over the next few days.....honest

As for them requesting proof of ID, Cetelco is correct, it is a stalling tactic employed by them.

Jules

[Birdie]

Re: MBNA & HLG

Thanks Jules.

I've put up with that silly name my whole life - pMSL.

If you could put up your details that would be really helpful.


I have 2 credit cards with them - one with mbna other with abbey.

OH has 1 cc.

They are trying to amalgamate the 3, which I will not let happen.

Also, they are trying to get us to take out a loan with loans.co.uk and then they say they will reduce the amount lent to us by 35 percent.

Pleasssssse - if you do have time to put up your argument on here, that would be reallly helpful.

Thanks.

Birdie
xx

[Birdie]

Re: MBNA & HLG

In addition to the above, we have felt in our dealings with them (previously be phone) that they wanted everything dealt with as a whole ie

3 credit cards:

1 x mine MBNA
1 x mine Abbey (old credit card, pre santander,I think
1 x OH MBNA

When I sent off the SAR and CCA letter for my MBNA and ABBBey, I sent off two postal orders, they have sent one back saying it is not required, I presume this is because I have 2 accounts with them?

[Amy]

Re: MBNA & HLG

One SAR to each company covers all the data they hold on you. You don't need one SAR per account.

[Birdie]

Re: MBNA & HLG

My OH's MBNA card - received the attached letter from MBNA despite OH having written to them in August disputing the debt, sending SAR and CCA letters.

So - they're going to default him then, even though the account is in dispute??!!!

Birdie

[Birdie]

Re: MBNA & HLG

And..... this is OH's reply to their letter - note, we have not reminded them that they have not replied to his CCA letter and they have gone over the 12 days. Let's see if it gets up to 30 days!

Dear R Vernon

Further to your letter of 20th August 2008 I enclose a copy of my passport in order for you to comply with my SAR letter of 15th August 2008 which you received on 18th August 2008.

I have received today a letter from yourselves notifying me that you will be registering a default and that the balance on my account will be sold to a third party.
I also enclosed a letter of dispute in the same envelope as my other letters of 15th August 2008 which you received on 18th August 2008.

I would like to remind you that under the Banking Code to which you subscribe, you may not default my account or take further enforcement action whilst the debt is in dispute.

I would also like to remind you of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.

I therefore hope to receive your full co-operation in this matter and would like to request a written response to that effect.

[Tools]

Re: MBNA & HLG

Birdie, I would also inform them that by chasing a disputed debt they are in breach of Section 40 of the Administration of Justice Act 1970 (c.31)

Part V Miscellaneous Provisions

40 Punishment for unlawful harassment of debtors

(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
(3)Subsection (1)(a) above does not apply to anything done by a person which is reasonable (and otherwise permissible in law) for the purpose—
(a)of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
(b)of the enforcement of any liability by legal process.
(4)A person guilty of an offence under this section shall be liable on summary conviction to a fine of not more than £100, and on a second or subsequent conviction to a fine of not more than £400.
Annotations:

Modifications etc. (not altering text)

C1S. 40(4) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)

[Birdie]

Re: MBNA & HLG

Hi Tools.

Thank you very much for your reply. xx

I'll wait to see if OH gets a response to the letter sent today, then will ping back a letter stating the info that you have kindly given me above. Actually, on editing this thread - I will send a letter tomorrow detailing the above and not wait........

I will then use your information on our other credit cards who although we have disputed the debt with, they have come back to say, they do not agree and therefore unless they hear back from us, they will take it that we have nothing further to say, or something along those lines.

Kind regards.

Birdie