Tools v MBNA ** SETTLED**

[Tools]

Re: Tools v MBNA ** SETTLED**

Seems I have lost a few more letters in between this one too (as I said I did kind of lose the plot a bit) but here is the next one in the order of things I will add the others if I find them

November 3rd 2007

Patricia Brassil Poole
Head of Customer Assistance
MBNA Europe Bank Limited
PO Box 1004
Chester Business Park
Chester
CH4 9WW

Account: xxxx xxxx xxxx xxxx

Dear Ms Poole,

I am writing with regards to your recent letter dated October 18th 2007 and my subsequent reply dated November 02nd 2007.

I consider the debt to be in dispute as the entirety of the outstanding debt is made up of unlawful charges.

This claim is brought following publication in April 2006 of the OFT report - Calculating fair default charges in credit card contracts - A statement of the OFT's position which clearly states – “penalty charges should”:“reflect a reasonable pre-estimate of the net limited additional administrative costs which occur as a result of the specific breaches of contract and which can be identified with reasonable precision”

It is my contention that the charges are a disproportionate penalty, do not reflect a true representation of actual loss and therefore are unenforceable in common law and statute.

The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v. Leisure play [2005] EWCA Civ 963

It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that these charges do not reflect any actual and or real loss.

For your information, I will not be making any further repayments on this account until this matter is resolved.

Currently the amount outstanding on the account is £85.36

The amount I calculate you have taken in charges to date is £232.00 excluding any accrued contractual interest.

You will be aware 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. It is in both our interests to come to a swift resolution.

I would also like to make you aware 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.

You should also be mindful that the recent test case brought by Office of Fair Trading relates only to current account unauthorised overdraft fees and not to credit card fees and as such is not subject to any waiver issued by the Financial Services Authority

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

Yours faithfully



Mr Tools

Administrator of LegalBeagles.info Consumer Website

[Tools]

Re: Tools v MBNA ** SETTLED**

Then out of the blue dated 8th November 2007. I received this, christ knows why

Dear Mr Tools
Account Number xxxx xxxx xxxx xxxx


Thank you for your request for copy statements on your account.
For your information there is a charge of £4.00 per statement requested(not including the last 6 months)

If you wish to proceed with the request, please sign and return this letter to the freepost address given. On receipt of the letter we will issue your copy statements

Should you have any queries please call the 24 hour customer satisfaction department on 0800 062 062

Yours sincerely
Kathryn Hand
Head of Customer Services

I agree to the charge of £4.00 per statement issued on my MBNA account xxxx xxxx xxxx xxxx
(signed)......................................

So gave them a little call and reminded them I already have all the information I need in my SAR which only cost me £10 and if they continue to send out crap like this then the ICO would be informed. A very apologetic customer rep told me it must have been a mistake and that the letter must have been meant for someone else.................."oh, would that be another breach of DPA then?" followed by an awkward silence from the rep at the other end of the line.

[Tools]

Re: Tools v MBNA ** SETTLED**

Will post up the rest over the weekend and will also have a scout for the missing letters, but in the meantime got another letter telling me how far behind I am paying off the balance

[Tools]

Re: Tools v MBNA ** SETTLED**

And my response dated 20th January 2008

January 20th 2008

Matthew McGrath
Head of Customer Assistance
MBNA Europe Bank Limited
PO Box 1004
Chester Business Park
Chester
CH4 9WW

Account: xxxx xxxx xxxx xxxx

Dear Mr McGrath,

I write in response to your letter dated January 15th 2008 in which you remind me that the above account “is now seriously in arrears”.

May I refer you to my letter to your colleague Ms Patricia Brassil Poole in which I query the alleged debt. I am currently waiting upon my request for copies of all statements and a true signed copy of the Consumer Credit Agreement, which, under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive on request relating to this account.

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

·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.
·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.

Should you wish to clarify any points of this letter, please feel free to let me know using any of the above contact details.

Yours sincerely



Mr Tools

[Tools]

Re: Tools v MBNA ** SETTLED**

Next letters received from MBNA dated 4th February offering me the difference down to £12 and 5th February telling me I'm in arrears again

Not wanting to settle for the difference down to £12 I decided to telephone Ms.Claridge and make it quite clear that the only settlement I would accept would be a credit of the charges in full.
This would leave the account in debt by around fifty pence, so agreed with her that if the account was credited down to £0.00 I would be happy with that on the condition that I would not pursue the interest.

By the 13th of February the following credits appeared on the account


Ø04 Feb 08 CAO FEE £52.00 CR
Ø12 Feb 08 LATE FEE ADJUSTMENT £86.35 CR
Ø04 Feb 08 LATE FEE £12.00
Ø13 Feb 08 INTEREST CHARGED £1.84


That took the account to £0.00 and so I was happy with that, nothing was owing and even to this date the account is still open with no default showing on any of the CRA's. If i still wanted to I could use the card(although it is cut into two) and the credit limit has been reduced to £400.


Sorry it`s taken so long to get this one posted up, I`ll start now posting my Studio Catalogue battle..............should finish posting by next Easter

[Birdie]

Re: Tools v MBNA ** SETTLED**

Hi Tools

Thanks for your latest postings - extremely helpful! :tinysmile_grin_t: I've pinched some of the wording for my OH's MBNA letters.

Birdie