Trying to Reclaim CC Charges from MBNA

LFC_Lass

I have decided to try and reclaim my credit card charges one by one and I have started with MNBA, or rather, they have been the first to reply to the inital request.

I'm after some help and advice please on what to do next. Here's the breakdown.

I sent this letter off below on 1st September, (the inital request letter) to MBNA.

Dear Sir or Madam,

MasterCard Account Number: XXXX XXXX XXXX XXXX
I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid since 27 July 2001. Please find enclosed a cheque for the maximum statutory charge of £10. If you are unable to provide this data, I will accept a copy of my statements; I understand that statements on their own are not covered by the Data Protection Act 1998, yet I’m not requesting the statements per se, but the charges, which I’m entitled to by law. I look forward to your response within 40 days, as MBNA Europe Bank Ltd is obliged to reply under the Data Protection Act. If not I shall seek remedy from the Information Commissioner.

They have sent me a letter back today and this concerns me. I opened the account with MBNA on 17th April 2001.

It reads "thanks for your request for information under Section 78 of the Consumer Credit Act 1974.

In response to your recent request I enclose:

a. A copy of your executed agreement
b. Your up to date terms and conditions
c. A copy of your most recent statement (which shows the state of your account which has been signed).



A. = (they sent me a photocopy of the tear off sheet (signature form) only. It says across the top 'Credit Agreement Regulated By The Consumer Credit Act 1974)

It also has the Payment Protection Cover box ticked which I know for a fact I would never of ticked because I never ever sign myself up for these things. I've never even knew IF I have been paying PPC because theres nothing in my statements ever to show for this. Where do I look? Do I also have grounds to claim for this?

B. = Up to date T & C's. Shouldn't they have sent me the T&C's which applied intially (so I would have a clearer picture).

C. = They have not sent me any breakdown of any charges whatsoever so what do I do now/next?

D. = Do I have a claim against this "'Credit Agreement Regulated By The Consumer Credit Act 1974" and what do I need to look out for in the small print to render this 'invalid' if thats the case.

Thanks

Orford

I am writing to request a fully comprehensive list of all the default charges for direct debit, unauthorised overdrafts and standing orders I have paid since 27 July 2001.

This letter seems to be for a bank a/c. You can't have unauthorised overdrafts and standing orders on a credit card.
27 July 2001 only applies to bank a/c's, credit card claims go back 6 years from now ie Sept 2003

They seem to have mistakenly replied on the basis of a CCA request for a copy of your agreement (which is only £1) rather than a DPA SAR request. Write back and ask they comply with your original request

LFC_Lass

Oh crikey! I've sent the wrong one- to 4 different companies.
Back to square one. Thanks Orford. Any idea where the template is for the DPR SAR request? (in the meantime, I'll have a good scout around for it).

** I've just taken a look at the first two templates at the top of this main thread board but I don't believe they are the ones I am looking for as one of them was the orignal template I used and the other is not applicable just yet. It is details of my credit card charges that I am after in order to pursue claims.

LFC_Lass

I've found the template now for the DPA SAR Request and will be sending one to each credit card holding company.

I have a question regarding the point raised below -does anyone have an idea whether I can go ahead with a PPI claim against MBNA based on the information listed below? I opened the account with MBNA on 17th April 2001.

MBNA sent me a photocopy of the tear off sheet (signature form) only. It says across the top 'Credit Agreement Regulated By The Consumer Credit Act 1974, and it is signed and dated by me with my signature. For the first time ever since opening the account I have noticed the PPI box ticked 'YES'!!

I know for a fact I would never of ticked this box because I always refused to be roped in and never sign myself up for additional costs. I've never even knew IF I have been paying PPI because theres nothing in my statements ever to show for this. Where do I look? Do I also have grounds to claim for this?