MBNA / Arrow Global vs FOS?

[ken100464]

Re: MBNA / Arrow Global vs FOS?

Good luck hope you win.

Just had my final response from them which was a great big do one.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Cheers Oscar,

I be back with an update at a later date no doubt.

Thanks as always
Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Just the £12 or the £12 @ compound interest rate of 34.9%?

I only ask as there's lots of different opinions online and I've never requested charges back before.

If it's the compound interest rate then happy days as it will clear 3/4 of the balance if they come seriously knocking at the door with real threats.

Would be good for a proper F&F and removal of DN

Cheers
Scrappy Coco

Just the £12 initially, then after the second letter, all charges, 34.9% AND 8% ......... see how you fair with the first letter.

My first letter (and this was a slightly modified internet template) was literally:

I write with respect to the late and overlimit fee charges that have been applied to my account.

Over the past six years, you have charged me for a substantial amount and it has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

Please note that I am well aware that the well publicised ‘test case’ on bank charges bears absolutely no relation to Credit Card charges.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Can I have a copy please

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Just the £12 or the £12 @ compound interest rate of 34.9%?

I only ask as there's lots of different opinions online and I've never requested charges back before.

If it's the compound interest rate then happy days as it will clear 3/4 of the balance if they come seriously knocking at the door with real threats.

Would be good for a proper F&F and removal of DN

Cheers
Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

Anyway moving on, how to I reclaim and how do I work out what I can legally request???

Thanks as always
Scrappy Coco

You want a quick letter, just stating that you are have been made aware that you have paid charges on your account that you consider to be unlawful etc.

There are plenty of templates on the net. You dont need to request a list of charges ...... MBNA have a fairly quick turn around.

First offer will be a refund of charges to the £12 limit. I have a stonking (in my opinion!) second template that gets/got everything refunded including interest.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Cheers for that. Makes me feel better.

I have been looking through all the different DCA's & Solicitor letters I have received and they all say the same thing "7 days or else" "Instructed to start legal proceedings" blah blah blah.

I know that I have them by the short and curlys as they have messed up in a very large way but I just think to myself that one day someone is going to take the chance and actually start legal action.

My saving grace is the application form I have has no Prescribed Terms, Credit Limit, APR etc etc so they won't be able to just create one out of thin air as they'll come unstuck.

The other thing the agreement in writing for a full and final which they went back on. Proof is in the final statement which actually states Terminated, Charged off. Then there's the CRA's report that all confirm it.

And finally, what I think is my trump card. DN sent and dated 2 weeks after they performed the deed and only gave me 9 days to rectify when it had already been done. and it was sent UK Mail. From what I have been reading the DN issue alone is enough of a defence in court as they have actually broken the law let alone all the other stuff.

Anyway moving on, how to I reclaim and how do I work out what I can legally request???

Thanks as always
Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

I reclaimed mine back and am going down UE route.

As far as I am aware, only paying and corresponding about the debt acknowledges it. You are not acknowledging the debt as such, but requesting that charges applied to it are refunded.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Bump anyone?

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

As you account has been sold "in absolute" I would also claim back all your charges - late fees, overlimit, PPI etc from MBNA as they will refund you by cheque

Hi Oscar,

Quick question, If I reclaim all charges etc would this provide proof I acknowledge the debt??

I only ask as not paid a been for 3 years and if it keeps getting passed around the likelihood is the 6 years will arrive and I can say feck off knobheads.

Just worried they'd still come after me for the remaining amount

Cheers
Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Afternoon all,

Well just got home from work and opened and nice letter from Blake Lapthorn.

If I don't pay in 7 days we are instructed to issue court proceedings without further notice I've lost count of how many Solicitors, DCA's this has been sent to. Every time I write back with all the breaches it gets passed only again.

Shall I just write back with "Make my day letter again" as they haven't got a leg to stand on?????

MBNA breaches

CCA I have in my filing cabinet is an application form with no prescribed terms anywhere. Defence Number 1

Agreement in writing for a full and final which MBNA breached. Defence Number 2

Default Notice sent nearly a month after Termination ( Copy Statements and CRA reports confirm) Defence Number 3

All advice welcome
Thanks as always
Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Afternoon all,

Interesting articule on the BBC today regarding MBNA

BBC News - PPI: One womans £65,000 compensation payment

Also been informed that MBNA shouldn't have sold the account on the back on a completely invalid default notice.

So if Arrow come knocking I will happily tell them to go or take me to court as your buggered either way.

Good job I have got all the details from the CRA's and the statement showing account charged off & terminated.

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi again Oscar,

Sorry to be a pain. Is there a template anywhere quoting the law re defaults anywhere.

I know there is some ICO legislation regarding it but can't seem to locate at the mo.

What would rectify the issue is for MBNA to recognize that they scr*wed me over, let me pay the F&F and remove the default. Like that is ever going to happen

I'll send them a letter then and see how I get on with it.

Thanks for your help

Much appreciated

Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Thanks for your response.

I have already completed the spreadsheet for compound interest @ 34.9% Thank you MBNA. As I pointed out it comes to a nice little number.

Who is it I should contact regarding the default from MBNA & Arrow? Is it the CRA or MBNA?

As they sent the DN 1 month after they had Terminated & Charged the account off, and the dates to rectify were November as well, did they have the legal right to sell the account in the first place?

Thanks as always

Much appreciated

Scrappy Coco

I wouldnt bother with the spreadsheet - just send a standard template. They will refund up to £12 with the first response, and the full amount after - including compound interest.

Send the complaint regards the defaults to the CRAs - I only sent to one - but MBNA removed from all three without asking.

They can sell the account, but the DN is invalid, so probably not - afraid I am not an expert on DNs but as this was three years ago, I doubt there would be much that could rectify the issue, but we can easily get rid of the DCAs when they come knocking.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Thanks for your response.

I have already completed the spreadsheet for compound interest @ 34.9% Thank you MBNA. As I pointed out it comes to a nice little number.

Who is it I should contact regarding the default from MBNA & Arrow? Is it the CRA or MBNA?

As they sent the DN 1 month after they had Terminated & Charged the account off, and the dates to rectify were November as well, did they have the legal right to sell the account in the first place?

Thanks as always

Much appreciated

Scrappy Coco