Thread: MBNA again!Advice/Suggestions please

Hi all!

To all of you fighting MBNA - GO FOR IT!!!!

Anyway,this is my situation:

1.MBNA have defaulted me on my credit card account.

2.I have 100000% NEVER received the Default Notice under Section 87(1) on the Consumer Credit Act 1974.

3.MBNA agrred to an arrangement (amazingly it is in writing!) accepting to freeze the interest and me pay back x amount per month fixed in return.

4.MBNA have sold the debt to a DCA first credit Limited.I have already sent the £1 to the DCA but still have not received the response with the correct paperwork - this was sent just over 1 week ago.The balance is disputed due to unlawful charges and misselling of PPI.

5.The DCA keeps on phoning me - message left on mobile voicemail daily.

What is my legal position?

Also the best way forward?

Many thanks in advance.

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hello nightmare.

Can you explain why MBNA sold the debt on if you made a payment arrangement with them ?

I think it is quite clear what you need to do. Go after MBNA for the charges and get them back.

With regards to the phone calls write to DCA and quote that telecommunications act to them (someone on here will confirm exactly what it is) and the phone calls should stop.

What was the £1 for ?

Surreyscouse,many thanks for your reply.

In answer to your questions:

1.I would be very interested to know the answer to this question myself regarding the payment arrangement!
With the arrangement there was also further down the line i.e.in three or months to pay a lump sum - muchl ess than the amount owed of the debt(this was not in writing but in a telephone conversation with a "big wig" in the litigation department which I have recorded).

2.MBNA have been stalling with replying to my DPA request and thus creating another 40 day period.

3.The £1 sent to the DCA is to confirm ownership of the debt under the Consumer Credit Act within 30 days and certain criteria have to be satisfied otherwise the debt can only be enforceable with leave from the judge.There are also criminal offences for not complying with the debtor's request.

Also,

a.On my part,I have been thrown "pillar to post" with DCAs through MBNA and before I pay anything I want make sure that the payment is going to the correcct creditor and secondly the amount is correct.

b.I will send first credit Limited a letter about harassment etc.

c.I was thinking to write to the CEO of MBNA about their antics and wondered what your thoughts were about this.I wrote to Mr.Shane Flynn last year when the harassment got so bad.It did make things better.

Surreyscouse my friend,keep up the fight!

Also,many thanks for your assistance.It is highly appreciated

Nightmare, sorry for the delay in responding, you should've seen the size of this pizza I just managed to tuck away ! Anyway,

I see no harm in writing a very stroppy letter to the CEO who is now Michael Rhodes. Shane Flynn left in February.

How have they managed to stall on the 40 day period ? As you know, I issued my summons based purely on the DPA.

You may find that MBNA have not sodl the debt on to whoever is hassling you, they do have a tendancy to call the debt back once payments are up to date etc.

Hi all!

Thanks Surreyscouse & Stonelaughter for your replies.

Surreyscouse,I am please you enjoyed your pizza!

Stonelaughter,reading your response - I did not know that the DCA's phoning breached the DPA.I learn something everyday here!

I will draft these letters tonight - one to MBNA's New CEO and one to the DCA.

Once again,many thanks!

Keep up the fight!