MBNA Credit Card

[Redspike]

Hi,
I have sent off for my CCA which I received on time. I have been informed that it wasn't a properly executed agreement elsewhere in the forum.

So, I sent the "account in dispute" letter giving them 14 days to reply and send the correct information. I have also claimed for PPI refund and unfair charges seperately.

The account in dispute letter expired today- they haven't acknowledged it yet. Do I keep chasing them or let it run?

many thanks

[Redspike]

Re: MBNA Credit Card

Letter to be sent to MBNA in response to a chasing letter. Any comments gratefully recieved.

MBNA Credit Card
Chester Business Park
Chester
CH4 9FB


Without Prejudice
ACCOUNT IN DISPUTE


Date:14/05/10


For the Attention of Mr xxxxxxxxxxxx, Head of Customer Assistance.


Dear Sir/Madam


Ref: Account/Reference Number 123456789



Thank you for your letter of 10/05/2010, the contents of which have been noted. I received this correspondence from you on 13th May 2010 and have responded as quickly as I have been able to.


I believe the threats contained in your correspondence are, at this stage, premature in the least and do nothing to intimidate me into committing myself.


I am in the process of dealing with several issues with your company, in writing, regarding the above account - legally, lawfully and courteously, which is something MBNA seems to have lost over the passage of time.


I have taken the liberty of enclosing all my recent correspondence with you, including a letter from your company acknowledging receipt of one of my queries.(which is my first acknowledgement from you regarding my queries, although I don't know which query this relates to because the writer didn't specify) . This correspondence advises me that you need another 28 days to deal with this query and I demand the same, at least. If you are still adding charges onto the account, then the longer you take to reply, the more you are charging the account for your slow responce and inability to solve the problem quickly. This dilemma is obviously beyond my control and will be challenged to its maximum.


I have mentioned on more than one occasion that I will only enter into the written word whilst these enquiries are ongoing and will not accept nor make telephone calls to you or from you. My reasons are as follows:

1. Your Credit Controllers will not be aware of all events that are taking place and it would be unfair of you to expect to them to make judgement without all the facts.
2. Sometimes, and with the greatest of respect to them, I have problems understanding their accent.. I am not going to commit to anything (recorded or not) that could be a result of misinterpretation of conversation.
3. I have respectfully requested that they take my name off the autodialler, which they have completely ignored and still persist today. My mobile telephone number is now being monitored and I multiply the results by 2 (because it calls my landline number first). These are probably in the frequency of 6 – 10 calls per day, which is a total waste of my time and your resources. I refer you to my letter to your company of the 10th May which follows this subject through. You may or may not have received it yet.
4. All my recent communication with your company has been carried out out clearly and concisely and I cannot tell your Credit Controllers any more than I have stated in writing.

The current ongoing issues could have a substantial effect on any balance that you purport that is owed on the account. I have mentioned in the correspondence that until my queries are satisfied in full then I will acknowledge no debt on this account. I am also in business and if one of my clients has a problem with his account I take immediate steps to correct the problem – I don't add further charges or interest whilst an account is in dispute. Its a pity MBNA don't have the same regard and etiquette for its customers.


You are really in control of your own destiny – the quicker you resolve my queries to my full satisfaction, the quicker the chances of getting the account into some sort of order.


As brash and as arrogant as Financial Corporations seem to be nowadays I presume you will be completely ignoring most of the content of my correspondence to you. - however, it is there for the record if needed.


My stance and queries are utterly and totally clear (referring to my enclosed correspondence).


Please feel free to reply to this letter.


As always, this is sent by recorded delivery, which I monitor and log,




Yours faithfully

[WendyB]

Re: MBNA Credit Card

well, not too bad, but as I think I've probably mentioned before, you just need to stick to the relevant points, legalities etc. What you think of their practices, morals etc, and the fact that you are in business and wouldn't treat your customers this way is basically irrelevant. MBNA don't give a stuff about that and tbh I personally think it clouds the issue and detracts from the matter in hand.

[MIKE770]

Re: MBNA Credit Card

well, not too bad, but as I think I've probably mentioned before, you just need to stick to the relevant points, legalities etc. What you think of their practices, morals etc, and the fact that you are in business and wouldn't treat your customers this way is basically irrelevant. MBNA don't give a stuff about that and tbh I personally think it clouds the issue and detracts from the matter in hand.

As Wendy says, stick to the facts, they do not have the intelegence to understand what you are saying, keep to the template responses on this site.

[WendyB]

Re: MBNA Credit Card

Not necessarily exacrly to the templates as one size doesn't always fit all, butuse the formats as a basis.

[Redspike]

Re: MBNA Credit Card

I have now recieved some replies from MBNA. I can only post 5 attachments at a time so I will do it in 2 windows. First my CCA , which I have been told by a member that there is a problem with it - a second opinion would be appreciated. 2nd a reply from them regarding charges

[Redspike]

Re: MBNA Credit Card

My next is a reply from a letter I sent in response to a chasing letter and request to stop telephone contact. The last is a legal letter. The first letter states that the account goes to recovery after 7 missed payments - however they have lied - suprise surprise. I have stopped payng them at the moment but I can reinstate if necessary. Your comments with regard to next moves will be appreciated. They have also sent me a letter asking for a further month to sort my PPI complaint out - thats 2 months in total to date.

[WendyB]

Re: MBNA Credit Card

Right then, have had a quick look, not sure on the CCA stuff, but with regards to them reducing the charges down to 12 and refunding you the rest - go for the £12s as well. Have a look at my MBNA thread, there's a letter on there that i used, I ended up getting the whole lot back. I waited until the goodwill had been paid onto the account then sent them the letter, a few weeks later ogt a letter offering me mega bucks, which basically wiped out my balance. Worth a try.

I've also reported your post for attention.

[Amy]

Re: MBNA Credit Card

I'm a little confused. Are there 3 elements to this thread?

1. Non compliant CCA
2. PPI charges
3. Unfair charges applied

What lead you to request a copy of your agreement in the first instance and why is the account in dispute?

What 'correct' information do you require and what would you like the end result to be?

[Redspike]

Re: MBNA Credit Card

Hi Amy,

Thanks for the reply.

My first question is - Is the CCA compliant.

My second regarding charges has been answered by WendyB and I will proceed with a letter accepting part payment and pursue the rest of the charges.

I put the account in dispute due to non compliance. There is some T and C's missing and I have been told by a Junior member that the CCA is not compliant anyway (ie four corners). I wanted confirmation of that ( ie a second opinion on the validity). I will not proceed with any accusation unless I am confident that my replies to them are factually and legally correct.

I have been charged PPI although I didn't cross the box on the application form and I cannot remember accepting it - I just know I have paid for it. They have written to me twice asking for extra time to deal with my complaint. I am a Company Director and as far as I am aware classed as self employed for the purposes of PPI. I was employed when I applied for the card. I cancelled the PPI in 2007 ( I was a director then) when a colleague told me that I was wasting my money because I wasn't covered with being a director. I just left it at that at the time because I wasn't aware of my rights. With the little bit of knowledge that I have gleaned from this site, I decided to pursue it.

I am looking to either deal with them due to their non compliance or get the balance corrected before I resume payment or pay them off. I was also looking for confirmation that their reply to me was also factually correct and have they made any errors in their quotes so that I can gauge the strength of my current position with them.

I hope this explains my situation a little better,

many thanks,

redspike

[Redspike]

Re: MBNA Credit Card

Hi,

Just to add to the above I have recieved a letter yesterday offering £1,470.00 without liability for the PPI reclaim, saying that I agreed in a telephone conversation but that they do not have any records. I have arrears of 4 months and during a telephone conversation today responding to a chasing email they have informed me that they are still pursuing the arrears, because the money has been knocked off the balance and that the arrears are still due - is this correct?

many thanks

[WendyB]

Re: MBNA Credit Card

Well the way I see it Redspike, is this.

How much do you reckon you have paid in PPI? If the amount they are offering you is near to what you have paid, then if I were in your shoes I would accept it.

How much is the arrears that you owe? Obviously if the PPI refund covers all the arrears then I fail to see how they can still chase you for any arrears.

I'm sorry I can't answer the CCA compliance, but remember that non-compliant CCA can only be used as a defence after they have taken you to court, you can't use it as a means to bring action against them.

How far have you got with the charges reclaim? Are you also negotiating on those as well?
------------------------------- merged -------------------------------
Also remember that any refund of charges will be knocked off your balance as well, and make sure you get an offer of the interest on those charges as well. When I reclaimed my husbands charges they paid all the charges (not just down to £12) and all the interest he'd ever paid on them, have a read of my thread on it if you haven't already.

[Curlyben]

Re: MBNA Credit Card

Right then finally got here.

So TECHNICALLY the agreement is non-compliant as it is un-executed, BUT this applies:

An improperly-executed regulated agreement is enforceable against the debtor or hirer on an order of the court only.

Important bit in bold.
Difficult to read the reverse T&C's, but as long as credit limit statement, interest rate and payments are present then compliant with CCA s60

Time to get repayment terms organised then..

Get everything possible reclaimed and go from there.

[wycombe]

Re: MBNA Credit Card

Your agreement appears to be an Application form. You will find several references to this on the form.

There is a box above the signature panel giving you the right to cancel. They are supposed to have sent you a properly executed agreement within seven days of signing so you could cancel if you wished to do so.

There is not any indication that the prescribed terms on the 2nd sheet are a part of or related to the first sheet. Why is half the page blank? Where are the rest of the terms and conditions that you were supposed to have had at the time of signing. Usual MBNA bull**** is to say these were present at time of signing or were given to you in a separate leaflet. They are supposed to be part and parcel of an agreemnt signed. It looks like this is unenforceable.

If you have not done so get a SAR off ASAP with the £10 fee. This will throw up copies of all documentation MBNA hold on you.

When/if they send a Default Notice to you keep the envelope. MBNA usually use a second class mail service that does not allow enough time to remedy any default.

[WendyB]

Re: MBNA Credit Card

Thanks for that Wycombe. Redspike is sorted now and has reached a satisfactory conclusion with MBNA.

Cheers x