MBNA are dirty, dirty lying cheating scumbags.

chris.hoops78

To cut a long story short i arrange to make a Partial Settlement of my MBNA account of £1500, representing 55% of the total outstanding balance.

I received a letter from MBNA stating that as a result the account would be closed and a PARTIAL SETTLEMENT registered on my credit file.

Having received no letter, and no correction on my credit file i ring MBNA to find out what was going on.

Letter is apparently on the way (three weeks after i settled the account) and they inform me that they will now register a PARTIAL DEFAULT on the account.

Now this may be semantics to some people, but in my eyes the difference between these two terms is huge. At no point was I told that I would receive a default notice on the account, and they did not mention it in my settlement letter.

Now, AFTER they have had £1500 out of me, they now tell me that it will be a default, and that the only way to prevent this would be to clear the remaining balance (how they are supposed to calculate the remaining balance, having supposedly closed the account, is also unclear - will it include further default charges etc.?)

It amazes me how these people will happily lie to you to your face, complete scum. I'm tempted to reclaim all charges on the account at this point.

RAS

You need to contact the OFT prompty. if the letter said partial settlement, that is what they have to list.

Unfortunately, you appear to have laid yourself wide open how ever as unless you demanded a full and fional settlement, they can chase you for the rest of the money.

Have you done a CCa on this account?

chris.hoops78

I don't mind 'partial settlement'.

I do mind 'DEFAULT NOTICE'

chris.hoops78

...no i haven't gone into doing a CCA on this account. I decided to clear the outstanding, in good faith. ...for all the good it has done me!

10past6

chris.hoops78 wrote: »

It amazes me how these people will happily lie to you to your face

Did you agree this on the phone?

If so, send the following letter, pay attention to point 2

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable