Thread: M.B.N.A Debt Crisis - Please Help

Hello All,

This is my first posting so please bear with me.

I am in debt with three CC, two are playing ball but the third, (guess who?) Alliance and Leicester who are MBNA are not and we have now reached crunch point.

Briefly,
Have had a Card with them for 15 years, never missed a payment or had any late fees.

Developed Graves disease, used all savings over 4 years paying card, called them October 2007 advising can now longer pay as only have incapacity benefit to live on and in servere hardship.

In November they increased my monthly payment threefold without explanation and I am now 6 months in arrears. In March they agreed in writing to stop interest and late charges and they have subsequently charged over £600 in interest and charges.

The debt is £10,800.00 and they wrote and said for £4338 they would settle my account and not persue me for the remainder of the money and mark my account 'partially settled'

I wrote back on the 28th May with a CCA request, it is 10 working days and nothing heard as yet. I also stated that my Dad was prepared to give them this out of his meager savings (God Bless him!) but only if they marked the account 'settled'

Yesterday Morning at 8.30 a.m., (having advised them previously that due to radiation treatment on my throat I could not talk on the phone,) a woman called me.

She advised me that they could only mark it 'partially settled' and would send me confirmation of this after they got the cheque or they would sell the debt in two weeks and default me. She also said she would place a charge on my home, to which I replied I was a council tenant and she stated she didn't believe my illness anyway. Even though I have supplied all medical evidence to Alliance and Leicester. I asked her if I could explain and she said 'no'

Each time I tried to talk she spoke over me until I stopped talking and ended the call by saying she would get a colleague to email me for my permission to send me information via email. This was all very confusing and afterwards I realised she hadn't done any security on the phone.

I have just copied the telephone harrassment letter which I am sending today.

I would like to do an SAR and wonder if anyone knows who the data controller is for Alliance and Leicester please?

Also, could any one advise me as to what to do. Should I use my fathers small savings which quite frankly makes me feel ashamed and breaks my heart, and how would a 'partially settled account' which remains on there forever be viewed. Alternatively, a default, I believe would go after 6 years and I unless something miraculous happens, I won't be applying for credit within the next 6 years.

Yesterday, I was physically sick after the phone call, I am already ill and am just at a loss. Oh, by the way, I said to her yesterday where was my CCA and she said someone else was dealing with that and I said I disputed the interest and charges on my account so I know she cannot sell the debt and she said if I pay the lump sum she would waive last months charges of £24.00!

Guys please help me, I have a dog and she saw that I had pet insurance which I cancelled over a year ago and said the debt collection agency could re-possess my dog, at which point I was just fighting back the tears. He is all I have, can anyone help?

Thanks L.

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"L"

How terribel, I don't know how she can sleep at night what a complete cow!!!!

I am sorry to read about your dreadful problems, but sit tight you have come to the right place.

I am no expert and cannot offer any sound advice but I would definately not pay over any money until you have the CCA and have checked it is enforceable.

Someone will be along soon to offer the advice that you need, meanwhile as the expert CAG'S say NEVER TALK TO A DCA ON THE PHONE.

Keep your chin up

Shelbelle

Hi Shelbelle

Thank you. Will hold on and wait ,

Thanks for reaching out, much appreciated

L xx

Originally Posted by manc1976

That is disgusting behaviour by MBNA/A&L

Agreed, but it is sadly typical of the lengths these creatures will go to to get money. Rest assured that a debt collector can't repossess anything - they have no legal powers - and even a bailiff can't repossess a pet.

The first thing, then, is to stick to Rule 1 of dealing with DCAs - don't talk to them on the 'phone - ever! MBNA are notorious for continuing to phone even when they have said they won't. They think that the OFT guidance doesn't apply to them. Nonetheless, you should still send them the phone harassment letter. If they continue to phone, there are a range of things you can do, from refusing to answer any security questions, to just hanging up or getting their number on BT's 'choose to refuse' service.

Keep everything in writing.

It's likely, in my view, that a 'partially settled' sentry on a CRA file has much the same effect as a default; others may have different opinions.

Now the good news: if you have had the card for 15 years, it's quite likely that MBNA will be unable to produce the original agreement, or that it will not be enforceable.

So, the next thing you should do is send of a request for a copy of the credit agreement (in the Templates section). Send everything to MBNA by recorded delivery, and don't sign your letters.

My experience is that MBNA's collection process is an unstoppable machine. They send out any number of letters, they don't answer correspondence properly, and they threaten all sorts of things. However, they rarely go to court, preferring to sell debts on.

Thanks Guys, I will definitely not talk to the DCA's but does anyone know
A. The address of the Data controller for Alliance and Leicester to send my SAR
B. the implications of a Partial settled account
I am on the 10th day of waiting for a response to my CCA request and have sent the telephone harrassment letter today.

I also feel MBNA's process is an unstoppable machine and they never acknowledge or answer my letters

The address for the S.A.R - (Subject access request) is above. You've done the right thing sending the CCA and now you just have to wait to see what they come up with, if anything. After 12 (plus 2 for admin) working days, they are in default of your request and you don't have to pay them a penny more. Another 30 straight days after that and they will have committed an offence for not sending you the copy of the agreement (plus statements and the terms and conditions). If they pursue you for payment after that, you can report them to Trading Standards and make a formal complaint to their complaints department before complaining to the Financial Ombudsman Service. If they do come up with anything you can scan it on the here ad get advice on whether or not is it is valid. I got an application form cut out of a newspaper so you never know what [problem]s they will try but you will be up to them if they do. So there is lots you can do - one step at a time. For now, you have to sit tight and see what happens. Remember, no agreement, no enforceable debt and they cannot got to court unless they have the original agreement.

Thanks Pinky69,
So the message is clear, one step at a time. They made me feel that there was such a sense of urgency that if I didn't immediately list my granny on ebay, the sky would surely fall on my head!
Many thanks indeed.

Also I would like to thank Andy for the address but I haven't got the hang of this yet. Unsure as to what the little icons mean at the bottom, will have to do a tutorial.

But huge thanks guys really, much appreciated. xx

LouLou, I am so sorry you had this awful experience- I was getting towards suicidal when I came here, and it has given me the confidence to stand up to these pigs. There is NO excuse for this type of behaviour. None at all.

I have also been pursued for MBNA very aggressively, over the last 4 years, and around 2000 quid of my debt is just charges that stemmed from them messing up a payment on my account then demanding loads of money I didnt have to compensate, then adding charges etc. I have no sympathy with these companies, and cases like yours just reinforce what I already believe- that they are a bunch of immoral, bloodsucking Shylocks who shouldn't be allowed to manage a fart let alone people's money and data.

Aaaaaanyway! I thought I would let you know that I sent a CCA to MBNA recently for a debt that I started to incur in 2003, and they don't appear to have a CCA for that (they have sent back an application form) so I would be willing to bet a substantial sum of money that they will certainly not have one going back 15 years! The thing to remember is that, as you are on incapacity benefit, if you went to court, the judge couldn't ask you to pay anything anyway, so they can threaten as much as you like, they are totally and utterly toothless and can't touch you as far as I can see (might be different if you started earning again) so I wouldn't spend any time worrying. Just keep writing the letters and eventually you will start to enjoy winding them up. I didn't believe anyone who said that before, but the last couple of letters I have quite enjoyed sending, especially because I can then pick them up on their mistakes lol

My brother is on long term sick (has chronic fatigue) and declared himself bankrupt to get rid of these idiots, and after a while, because he knew they couldn't touch him, he started messing with them. He'd get his friends on the phone to say that he'd died in a yachting accident, and the next day (incredibly, they DID call back even having been told he was dead!!!) he would go back on the phone saying he'd risen again etc. If i didn't have a toddler to run about after, I might do the same

Anyway, chin up, and don't ever let these people make you feel scared or sick or anything else. They absolutely cannot take your dog, or your PRIDE.

Everyone here is behind you

Dear Friend,

Am moved by your words and support.

The worst thing really was that I couldn't share with anyone as felt so ashamed and subsequently felt so alone.

Your kindness has bolstered and strengthened me and I am sincerely grateful.

God Bless You! (Am I allowed to say that on this forum? probably not p.c. but I mean it)

Thank you all. Whenever I do get a bit of money it will be going here to this wonderful forum and not to companies that basically are theives.

Loulou x

I really don't understand how debt collectors can sleep at night...