Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Well, I've thrown my hat into the ring. I'm one of those many that have never missed a payment on anything in their lives. Tough times mean that we've had to cut back in all areas. Spoke to all creditors and all were at least slightly flexible-except MBNA. They refuse to discuss any possibility other than 'keep paying' on a CC debt of £18,000. They've ramped up the ineterest without explanation.
On May11th I CCA'd them and can confirm they received it the following day. Nothing. After about 17 days I sent the second letter. It has now been 34 days and I have not heard one thing. 34 days ago I spoke to them on the phone and said I would not pay another penny until they could explain in writing why my rate was being ramped up. So, for the first time in my life, I have not paid the monthly payment that was due a couple days ago. I simply connot afford the amount they are charging on a 0% CC that they assured me they (Virgin) would switch to "another product" upon completion of the 0% term (no, I don't have this in writing).
I have no intention to pursue my other cards/debts. I can and will manage these. We have restructured our finances and have not used any credit in about 8 months, nor our overdraft.
I just want MBNA sorted. Sorry for the long-winded rant.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.
my new motto is,,,",Taking back control of your life and home - such peace is priceless"
This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel
Ok, had two letters from MBNA yesterday. One informing me I had missed two payments (I have only missed one, and only because the account is now in dispute). The other was to inform me that they are reporting me to the CRAs. So I hit them with this...
_Mr _______
MBNA Europe Bank Ltd
Stansfield House
Chester Business Park
Chester
CH49QQ
REF: -----------------
Dear Mr ------
I am in receipt of both of your letters dated ------ 2009 in regards to the alleged debt assigned to the reference number listed above, an account which is currently in dispute.
The first letter suggests the account (which is currently in dispute) is two payments past due and includes a demand for payment. This is incorrect as the account is not past due on any payment and never at any time has been.
The second is a letter referring to the alleged debt assigned to the reference number above (which is currently in dispute). It is a threatening letter suggesting that MBNA has “informed the Credit Reference Agencies of the arrears”. No such arrears exist. The letter further threatens that this erroneous and unlawful report will continue to be sent to the “Credit Reference Agencies” leading to a default being registered against my credit file.
Your continued negligence in answering my correspondence is noteworthy. You have ignored my request for a true copy of the Credit Agreement, a copy of this letter I have again enclosed. I have also included the proof of delivery to your office which was signed for on the ------- 2009.
This letter was followed by a second letter making you aware that your failure to comply with my request has placed MBNA in default. This letter was posted on the ------- 2009 and was received and signed for in your office on the ------- 2009. I have further included both a copy of this letter and proof of delivery of this letter.
Please note that as of ------- 2009 the alleged debt assigned to the reference listed above has become unenforceable at law. Let me further highlight the following points:
*You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
It would be remiss of me to not point out that my current position requires me to maintain a perfect credit score. Any illegal and unlawful reports made by MBNA to any “Credit Reference Agencies” will trigger immediate action from my solicitors. I further make you aware that my solicitors are collecting documents, including this, in regards to this alleged debt.
I must also point out that your agent, trading as Global Advantedge (sic), have been fully informed of the situation but have carried out a telephone harassment campaign against me. This harassment then triggered the letter posted ------ 2009, demanding Global Advantedge (sic) cease and desist the harassment immediately. A copy of this letter and the transcripts from the telephone calls has also been placed in the dossier being compiled by my solicitors.
I await the requested documentation in regards to the alleged debt assigned to the reference number listed above and remind you of your obligations in this matter. I also hereby request that all correspondence on the alleged debt be in writing to aid further documentation.
Still nothing. No more calls, no letters, nothing. I'm sure I'll get hit with something soon as this is the second month I haven't made a payment. No aknowledgment of any of my letters.
Well, no letters, no phonecalls and I finally got an email (the first ever from MBNA). It's reads:
Your account remains overdue and your payment history suggests that you are struggling to repay your debt. We are aware of the problems and stress that being in arrears can bring and we would like to take the opportunity to help you, please call 08007 076287 today to discuss your options. Our specialists are available Monday to Thursday 8am to 9pm, Friday 8am to 7pm and Saturday 9am to 3pm.
Not sure what they're talking about re my 'payment history' as, up until they put the account into dispute by not sending me the CCA, I had never been so much as late on a payment, ever. Obviously I'm not about to speak to them on the phone. The email also says that I may not reply to the email.
Today my OH received a call from 'Michael' at MBNA. She refused to speak to him. He then rang my mobile and left a message. He then rang my work!!!!
I have no idea how he got my work number. I work for a global company and even if he found out who I worked for I have no idea how he got all the way to my extention.
Anyway, he admitted that they had received my letters. He carried on to say that my account was in arrears and I needed to make a payment today. I told him that they had put the account in dispute by not giving me a copy of my CCA back in May. He said "no such laws existed".
I told him I would only discuss my account in writing. He told me this is impossible because they are a "telephone bank".
The only good thing to come out of the conversation was that he mentioned to me that the account was opened in 2005. Up until then I was worried about the 2007 cut off.
I know I shouldn't worry as the account is in dispute but I am very worried about them calling my employer.
I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.
I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)
I now require all further correspondence from your company to be made in writing only.
I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.
If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.
Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)
This should do the trick, but, if it doesn't, keep your cool and report them to the Office of Fair Trading and your local trading standards office.
PLEASE REPORT ABUSE.
Remember, keep your cool at all times, don't be intimidated by a piece of plastic, if you don't like what you're listening to, put the phone down - and remember the most important thing of all is to put and get things in writing at all times.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Thanks for that. I've already sent that letter to Global 'Vantedge in the beginning when they were ringing me 5 times a day. Stopped instantly.
Might hold off on this one as the 'frequency' has only been once so far. I honestly want to know how he got my work number though. I had a totally different job when I took out the card, years ago. I never updated this with MBNA. Ok, perhaps my NIN is connected to my employer but, we employ 10's of thousands of people in 70 countries. Seriously, how did he get my number?
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
No more phonecalls to date but I've received two more threatening letters telling me my account is in arrears (it's not, it's in dispute). Still no mention of my requests for CCA.
Letters from Martin Supple, whom I directed my most recent correspondence to (weeks ago now), bringing to his attention my CCA, and copying all the letters I've sent so far to him.
Getting on 3 months since my initial request for CCA.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE
MeeBroke vs MBNA-Updated CCA Rec'd. Help!
. They refuse to discuss any possibility other than 'keep paying' on a CC debt of £18,000. They've ramped up the ineterest without explanation.
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Originally Posted by MeeBroke
