Standing against MBNA (Abbey)

[standingupformyself]

Hi there.
This is an interesting one for me.... I have had some good advice already on this one, but this is the stage I am at.

Opened this account with Abbey National in 1996
In 2001 the account changed hands to MBNA
I have been struggling with this account since about 1999
Last September, MBNA put me on a repayment plan.. £10 a week, no interest or charges... finally!
Balance to date is £3700 (ish)

19.3.07 sent off SAR request, enclosing £10
11.4.07 sent of CCA request
statements arrived in dribs and drabs,
30.4.07 sent prelim letter off, reserving the right to amend the total when the rest of the statements come through
finally on the 14.5.07 the last of the statements came through, also an offer of £820, offer accepted as part settlement, still intend to claim for the rest
15.5.07 Amended prelim, final amount
29.5.07 LBA sent

I am claiming £2017 charges, using the spreadsheet, interest at 22.48% which comes to £1487.02, total claiming for (to date, as the daily interest is 2.18) £3504.02. So as you can see this will pretty much clear the debt with MBNA.

The interesting bit is, MBNA cannot provide me with a true executed copy of my CCA !!!!! I have had conflicting advice as to what to do with this golden nugget, but have decided to continue paying the debt, claim the charges back from them, and use their non compliance to (hopefully) get the defaults removed from my credit file. There is also a possibility that at a later date I could attempt to retrieve all interest paid to them,,,, gonna need a lot of help with that one though..... One step at a time !!!

[Celestine]

Wow! That is an interesting claim standing!

It is difficult to know for sure how the absence of the CCA will affect the situation, but it certainly seems that you have them in a decent stranglehold.

Keep us updated with your progress.

[standingupformyself]

Yes, tis interesting... but I am definately out of my depth with this one... I am about 5 days off the end of my LBA, so really could do with some experts helping me out here......

[Celestine]

I think the order you have already worked out is correct,

keep on paying for now (just to keep peace during claim, don't want any counter-claims popping up!), reclaim the charges (are you asking for default removal as part of your prelim & LBA?) then get default removed as part of your claim.

then investigate whether any of the debt is enforceable (even though it will be cleared) if not investigate whether payments made to date are due to be refunded.

The CCA is a complex area and opinion differs as to whether it can be applied in such a way successfully, but your approach seems sensible and logical.

[standingupformyself]

Update...........

07th June, 2007

Dear Mrs Standingupformyself
I refer to your recent complaint regarding default charges.

We reiterate that we have always set out precisely what our charges are in our agreements with you, as they are an integral part of the terms and conditions under which we are prepared to provide credit facilities. Our view is therefore that the charges that you agreed to are valid, fair and enforceable. Prior to July 2006, term 3b of your credit agreement with us clearly stated that you must pay £25 each time your payment had not reached your account within one day of your payment due date, or when you exceeded your credit limit, or a cheque was returned unpaid.

However, as we woud like to resolve this matter, we have arranged a further goodwill payment of £975, to be credited to your account. This in addition to the previous goodwill payment of £820 and on the basis that this is in full and final settlement of your complaint. You will appreciate that this does not mean that we agree with your complaint.

blah blah, if we do not hear from you within eight weeks of this letter we will assume that the matter is closed.

I am waiting for my statement to come through, as yet I do not know whether they have paid the first £820 into my account, so it will be interesting to see whether they pay the 2nd payment in. I intend to reject it as a full settlement, but if they choose to leave it in there will accept it as a part settlement.

Has anyone else had experience of them offering a 2nd goodwill gesture? The total charges I am claiming come to £2017, they have now offered me a total of £1795..... If I wasn't claiming CI then I would be inclined to accept, however the interest at 22.49% adds up to £3521.42, and this would clear the debt with them..... I must keep going,

I wonder if I am at a point where I could negotiate with them for the whole lot?

The letter was signed by Rachel Claridge........ Should I write/email her? or does anyone have a different contact that could be useful?

LBA's 14 days runs out today, however I am going on holiday in just over a fortnight, and really don't want to fork out court fees on this until I get back...

All advice gratefully received.


xxxxxx

[boxerdog]

Did you ask for a full SAR? - If you explicitly say in your SAR that they should send you "copies of any original executed agreement you allege you have with me" - then they MUST send you a copy of the original - none of this hanky panky leaving signatures out etc. If they don't send it, then they are in breach of the DPA and you can complain to the ICO. The ICO have far more powers than TS. (who often have no idea what is or isn't an executed agrement)

All the time you carry on paying you are acknowledging a debt to them.

If you didn't ask for a full SAR it may be worth writing to them saying you did not get all the required details in their response to you - or, and this is just in your particular circumstance - you could send another SAR (but asking for everything - copies of e-mails, transcripts of phone calls, copies of "alleged" contracts etc) - and that would buy you some time while you go on your hols.
If you also tell them that until such time you receive your full SAR the debt is formally "in dispute" then that clears you whilst you are away.

[standingupformyself]

Thanks Boxerdog,
However I beleive that acknowledging the fact that they have not complied with my CCA at this point, makes things difficult to claim the charges I am persuing........ I do accept that I could walk away from this debt, however, it would not walk away from me would it? I presume that it would still sit in my credit file as a default for a further 6 years????

I wish to claim charges back, which will wipe the debt, I am advised to do this in ignorance of the CCA non compliance.... basically letting MBNA think they have convinced me that the agreement is enforceable... then AFTERWARDS, start proceedings to reclaim back all interest paid to them, meaning I clear the debt, wipe out defaults and then also get the interest back from them.

[boxerdog]

yes, see what you are saying, claim back and then dispute any agreement existed.

I think whether to throw the court papers in (as is always tempting as soon as the LBA runs out) is your call - I can see you don't want to fork out before your hols - but will you able to afford it when you get back??!!

[standingupformyself]

THINGS HAVE HAPPENED!!!!!

I have just taken a phone call from MBNA is response to the email I wrote to them on the 16th June...... They are settling the full amount that I have asked for, with contractural interest at 24.9% up to the date of the above email....... Amount to be credited to my account.......... Letter of confirmation to come to me in the post.

Need to think about phase 2 now...... Thank you everyone for all your support,

I will update again when my next statement comes and when the letter arrives.

Meanwhile
WOOOOOHOOOOO YAAAAAAAAAAAAY !

[Fendyweather]

Wow STANDINGUP............................ WELL DONE WITH BELLS ON. YOU REALLY SOCKED IT TO EM HUN. IM SOOOOOOOOOO HAPPY FOR YOU, I REALLY AM.

WHAT AN INCREDIBLE WEEK FOR US BEAGLES............... BEEN A GOOD ONE ME THINKS.......... LOL LOL LOL XXX

I WANNA PICK YA BRAIN, IM CURRENTLY UP AGAINST ABBEY MBNA VISA FOR HUBBY, AND FILING AT COURT ON 1ST JULY IF THEY HAVENT OFFERED ME FULL CHARGES BACK AT LEAST. IVE GONE FOR CONTRACTUAL. CAN I ASK WHAT YOU SAID TO THEM TO MAKE THEM COUGH UP BEFORE COURT ???

FENDY XXXXXXXXXX

BL**DY WELL DONE HUN BY THE WAY........... WELL PLAYED OUT. XXXXXXXXXXXX

[standingupformyself]

I think the reason that they coughed up before court is because they couldnt produce my CCA, I knew it was unenforceable, so did they, but I did not play on it and continued to pay my monthly payments whilst claiming back charges.
Have you requested true copy of CCA? If not, then go for it.........

[enaid]

I am going to do that but i have to get it on here to let em see it!

[Fendyweather]

Okies standingup thats my next move............... ask for CCA. Doing that tomorrow by recorded delivery. Oh, and do you perchance happen to have an e mail addy for them.................. might save time, e mail than post............. post going at snails pace at the mo. Gawd forbid ........... Thanks hun.

Fendy xxxxx

[standingupformyself]

Email address I used was tanya.crompton@mbna.com she is not the lady that deals with CCA's but she was very pleasant and helpful

[standingupformyself]

and the email I sent the other day was to colin.pugh@mbna.com but it wasnt him that phoned me yesterday, it was a lady called Yvonne