MBNA V Birdie's OH

[Birdie]

Re: MBNA & HLG

Hi

OH received the 1st attachment (2 pages) and supposed credit card agreement (hardly legible) along with a 4 page load of legal gumph which apparently is the Terms and Conditions (4 pages long), these look fairly recent I think, not 1996 when he took out the credit card.

We've not received any response as yet to the SAR request - not yet reached the 40 days.

Is the CCA compliant please?

Also, see attachment 2 - any thoughts on this and what I should reply with?


Many thanks.

Birdie

[Curlyben]

Re: MBNA & Birdie

Well it would make a good paper aeroplane, but as a regulated credit agreement it's seriously lacking

ZERO prescribed terms, so a nice solid s127(3).

Now the problem is MBNA like to flog deceased horses and insist they are compliant.

Shame on them really.

[Birdie]

Re: MBNA & Birdie

Thanks. Glad about the s127(3). OH will just wait for the SAR and see what happens from there for now.

[Birdie]

Re: MBNA & Birdie

Hi,

Please could someone take a look at this before I send it?

"Dear A Hughes

ACCOUNT NUMBERS: ............... & >>>>>>

Thank you for your response to my Subject Access Request letter of 15th August 2008 which MBNA signed receipt of on 19th August 2008.

I have received your reply dated 26th September 2008 which contains some of the data that I requested.

I find that the following data is missing from the information that you sent me:

1)Transactions for Account ............. between the dates of 2nd March 2004 and 9th June 2004.

2)Transactions for Account >>>>>>>>> from 6th March 2008 to date.

3)Transactions for Account ................... from 23rd January 2006 to 31st August 2007 inclusive.

4)Transactions for Account .................. from when the account was opened to4th July 2002. I am aware that under the Data Protection Act, there is no time limit for information requested.

5)Copies of information that you have sent so far for ............ and >>>>>>>>> to show the information that has previously been blanked out in black ink by MBNA on the information that was sent on 26th September 2008.

Time is of essence. Failure to provide me with the above information by 10th October 2008 will necessitate me to take legal action.


Yours faithfully,"



Thanks

Birdie

[Curlyben]

Re: MBNA & Birdie

Not bad, but I would simply say they are missing data and to remind them that your SAR should include everything.

This should include, but not limited to,

• copies of original agreements
• statement of transactions
• information concerning any manual intervention
• any other supporting notes and documentation.

Then you can lsit what is missing.

[Birdie]

Re: MBNA & Birdie

Thanks Curly!

[Birdie]

Re: MBNA & Birdie

I'm working on our Compound Interest Spreadsheet. I've read Amethyst's thread regarding which charges can be reclaimed - regarding fees. Legal Beagles

I've got a few questions (as always!)

1) Has anyone heard of these and whether they can be claimed?:

Cheque handling fee
Posted Cash Advance fee
Electronic Balance Transfer fee
Balance Transfer Fee

2) Anyone got any idea of what these are (as opposed to Cash interest, purchase interest etc):

Special Cash Interest
Other Interest

Many thanks

Birdie

[Tools]

Re: MBNA & Birdie

1) Has anyone heard of these and whether they can be claimed?:
Cheque handling fee - legitimate fee, cant claim
Posted Cash Advance fee - legitimate fee, cant claim
Electronic Balance Transfer fee - legitimate fee, cant claim
Balance Transfer Fee - legitimate fee, cant claim

2) Anyone got any idea of what these are (as opposed to Cash interest, purchase interest etc):
Special Cash Interest - this will probably be the introductory or promotional rate for cash advances
Other Interest - not sure

The only fees that you can sensibly reclaim are late payment fees and overlimit fees IMO.

[Birdie]

Re: MBNA V Birdie's OH

Am in update mood.........,

Attached is a letter OH received in September from MBNA - they don't see that the debt is in dispute and refuse to correspond any further to it.

Idiots.

[Birdie]

Re: MBNA V Birdie's OH

and this was OH's reply which MBNA received (recorded delivery) on 7th October. Gail Powell never replied or acknowledged this letter.:mad2:

5th October 2008

SENT BY: RECORDED DELIVERY

Gail Powell
MBNA Europe Bank Ltd
Stansfield House
Chester Business Park
Wrexham Road
Chester
CH4 9QQ

Dear Gail Powell

ACCOUNT NUMBER: xxxxxxxxxxxxxx

Thank you for your letter of 17th September 2008, the contents of which are noted.

I must admit that I am rather bemused as to why you refuse to enter into any further correspondence about the disputed debt unless instructed to do so by the Financial Ombudsman Service.

The debt has been in dispute with yourselves since my dispute letter which MBNA signed receipt of on 19th August 2008 in addition to a SAR letter and CCA request letter.

Since then, MBNA has used delaying tactics to comply with my Subject Access Request within the legal time limit by asking me to provide evidence of my identity,(which please note I duly complied with) in order to comply with my SAR letter, despite MBNA having sent statements to the same home address for the past 2 years.

I have now received some information in regards to my Subject Access Request, but this has yet to be fully complied with.
I would like to bring to your attention that MBNA’s letter of 10th September 2008 along with its attachments did not provide me with receipt of a complete and legally compliant Consumer Credit Act agreement with applicable Terms and Conditions from the actual date of the account being opened.

As MBNA is now in default of my Consumer Credit Act request, OFT Collection Guidelines and dispute letter, I consider this account to be in SERIOUS DISPUTE.

I would like to bring to your attention that continuing to chase a disputed debt puts you in breach of Section 40 of the Administration of Justice Act 1970 (c.31) and in addition in breach of OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt." You should also be mindful that as I am disputing this debt any default registered with any Credit Reference Agencies would be unlawful under Section 10 of the Data Protection Act 1988 amongst others including the Banking Code, to which your company have subscribed to comply with.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

If MBNA chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.


Yours faithfully,
------------------------------- merged -------------------------------
Sent this in in response to their SAR reply:



4th October 2008

SENT BY: RECORDED DELIVERY

A Hughes
MBNA Europe Bank Ltd
Stansfield House
Chester Business Park
Wrexham Road
Chester
CH4 9QQ

Dear A Hughes

ACCOUNT NUMBER: xxxxxxxxxxxxxx

Thank you for your response of 26th September 2008; unfortunately it was missing some data and I should like to remind you that the SAR should include everything.

This should include, but not be limited to:
·copies of original agreements
·statement of transactions
·information concerning any manual intervention
·any other supporting notes and documentation
I find that the following data is missing from the information that you sent me:

1)Transactions for the above account from 2nd March 2004 to 17th May 2005.

2)Transactions for the above account from 21st December 2007 to date.

3)Transactions for the above account from when the account was opened in July 1996 to July 2002.I am aware that under the Data Protection Act, there is no time limit for information requested.

4)Copies of information that you have sent so far for the above account to show the information that has previously been blanked out in black ink by MBNA on the information that you sent on 26th September 2008.

May I also at this point add to that request; I now also require:

1) A copy of the Terms & Conditions relating to this account at the time of the agreement being signed and also any subsequent amendments from to date.

2) A detailed breakdown of interest rates applicable to the account from inception and any subsequent changes to that rate with accurate dates.

You should be mindful that as I am disputing this debt any default registered with any Credit Reference Agencies would be unlawful under Section 10 of the Data Protection Act 1988 amongst others including the Banking Code, to which your company have subscribed to comply with.

I would appreciate your due diligence in this matter.

Yours faithfully,

[Birdie]

Re: MBNA V Birdie's OH

And the attached was their response.


Hmmm so they don't keep statement records going back to when he opened the account in 1996??????? How about data protection??????

[Curlyben]

Re: MBNA V Birdie's OH

Birdie this is looking better and better for you and REALLLLLLLLLY poohie for them

I hope you haven't broken your scanner yet.

[Birdie]

Re: MBNA V Birdie's OH

Hi Curly, thanks!

This isn't the credit card though that we were talking about this morning. This is my hubbies!

The Abbey one has now been moved to the VIP forum and I've put all the info on that that I have including the spreadie.

xxxxxxxx

[Birdie]

Re: MBNA V Birdie's OH

So they then send him the attached Default Notice. Oh deary me.

Attached.

Birdie
x

[Birdie]

Re: MBNA V Birdie's OH

Oooopppss. They've now passed it to Equidebt. Ah bless 'em.

Eqidebt has "bought the rights to this debt".