MBNA - Amazing what they do and nobody can tell them to stop ?1?

[birkopf]

I am new here and would like to ask for your advice.

I have cancelled my credit card with MBNA United Kingdom. It was clear.

They contacted me one year later saying, that there is a unpaid transaction on it. I investigated and found out that merchant tried to charge me one year from actual date of transaction taking place. This can be disputed according to visa rules (74 and 75). I know - I have done it before. MBNA UK is saying that transaction didn't took place year ago, but this year. I have a transaction slip which is proving that I'm right (they are lying purposely or not).

I would like to ask for your opinion

- What should do now ?
- Can I win in it small claims court ?


I have reported them to Financial Services Ombudsman, who is investigating this transaction since 7-8 months. It will take ages to have it completed. MBNA keeps charging me interest and reporting me to credit rating agencies, while I wait for result of FSO investigation. FSO said they can do that! I can't believe it!

- Is there anything that I can do to make them stop charging me and wait for outcome of FSO investigation ?


Please advise.

[Angry Cat]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Make a subject access request (SAR) to MBNA!

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Make a subject access request (SAR) to MBNA!

I did. They asked me for £10.
I can send them this fee but what that will give me ?

- I mean how can I use this Subject Access Request in real life (what is it used for) ?

Also, I can't give them cheque as I don't use those. I don't want to pay by bank transfer as I suspect they could use my bank details later on.
Enclose £10 in a letter ? What if they will simply reply that they didn't found any money enclosed ?

[MIKE770]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

£10.00. postal Order mark for SAR purposes on the back, the SAR should give you all the info you need regarding your account, i.e. default date, letters etc, but if you need CCA1974 seperate action needed as it seems for some reason they are not oblidged to send with a SAR.

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

£10.00. postal Order mark for SAR purposes on the back, the SAR should give you all the info you need regarding your account, i.e. default date, letters etc, but if you need CCA1974 seperate action needed as it seems for some reason they are not oblidged to send with a SAR.

Thank you.
I will enquire about postal orders tomorrow.

- Could you elaborate on your last sentence ?

[Celestine]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

A Data Protection Act SAR should provide you with ALL data ever sent/held about you. It costs £10.

A Consumer Credit Act Requests CCA 1974, is used to get a copy of the original CCA agreement made. (e.g. a loan) It costs £1 to acquire.

[Celestine]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

I am new here and would like to ask for your advice.

I have cancelled my credit card with MBNA United Kingdom. It was clear.

They contacted me one year later saying, that there is a unpaid transaction on it. I investigated and found out that merchant tried to charge me one year from actual date of transaction taking place. This can be disputed according to visa rules (74 and 75). I know - I have done it before. MBNA UK is saying that transaction didn't took place year ago, but this year. I have a transaction slip which is proving that I'm right (they are lying purposely or not).

I would like to ask for your opinion

- What should do now ?
- Can I win in it small claims court ?


I have reported them to Financial Services Ombudsman, who is investigating this transaction since 7-8 months. It will take ages to have it completed. MBNA keeps charging me interest and reporting me to credit rating agencies, while I wait for result of FSO investigation. FSO said they can do that! I can't believe it!

- Is there anything that I can do to make them stop charging me and wait for outcome of FSO investigation ?


Please advise.

Are you absolutely sure this wasn't a SECOND payment made under a Recurring Payment Authority. e.g. AA??

Many sneaky companies use these and YOU have to cancel them. Most normal people forget......

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Are you absolutely sure this wasn't a SECOND payment made under a Recurring Payment Authority. e.g. AA??

Many sneaky companies use these and YOU haveost normal people forget......

I don't know whhat Recurring Payment Authority is, but Im pretty sure its not that. I realised very receptly that its something I paid for by credit card and I have still original transaction slip from card terminal. That's how I know they are lying on their statements.

[frisp]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Write to them requesting all your data on all systems (SAR) and at the same time stating that the account is disputed, until the dispute is resolved any enforcement action (e.g. the application of charges) of this account breaches OFT 664 guidelines, reminding them that as holders of a credit license they are bound by this guidance.

Any breach will be reported to the OFT.

After that wait and see

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Write to them requesting all your data on all systems (SAR) and at the same time stating that the account is disputed, until the dispute is resolved any enforcement action (e.g. the application of charges) of this account breaches OFT 664 guidelines, reminding them that as holders of a credit license they are bound by this guidance.

Any breach will be reported to the OFT.

After that wait and see

Thank you. There is something I would like to mention. I have requested from them Account closing statement. I made mistake by disposing my copy and now they refuse to provide it. As I paid off my card inffull can I request officially (like SAR) closing statement and closing letter ? What they have done is to reopen my account and "there isn't closig statement".

[Tools]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

Hi I have just read your PM. The advice given is correct but before going to the trouble of and expense or a SAR can you just let us know the following.

1. What/who was the payment for/to.
2. When and how much was the payment that you do not dispute you made, can you confirm you have the receipt for this
3. When and how much was the payment that you do dispute you made.
4. Give the approximate date you believe the account was closed, was it actually closed or just left open with a zero balance owing.

This info may help to make things clearer

Jules

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

2. When and how much was the payment that you do not dispute you made, can you confirm you have the receipt for this

This is not applicable there is just one transaction that I dispute.

3. When and how much was the payment that you do dispute you made.

April 2010, just under £1000.

4. Give the approximate date you believe the account was closed, was it actually closed or just left open with a zero balance owing.
Jules

I have requested to close it in May 2010. They have credited me back the money I have overpaid before by mistake in May 2010.
I have asked to have it cancelled but they claim (now) the account is open "because there is a transaction". I cut my card in pieces after confirming over the phone that account has been closed.

This should be cleared out with SAR... at least partially.

PS - I will reply with delay to next post as I will be away.

[Angry Cat]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

To reiterate, make an SAR to MBNA.

[birkopf]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

To reiterate, make an SAR to MBNA.

I have submitted today, professionally written SAR with £10 and given them specific time frame to respond.
I will let you know as soon as I receive their response.

[MIKE770]

Re: MBNA - Amazing what they do and nobody can tell them to stop ?1?

I have submitted today, professionally written SAR with £10 and given them specific time frame to respond.
I will let you know as soon as I receive their response.

They have 40 days to respond that is the Regulation, if they do not you complain to the Financial Ombudsman Service.

There are many professional letters written in the library on this site, so you do not have to in a lot of cases shell out for somebody to write a letter on certain subjects, this helps peeps a lot.