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About willing

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  1. sorry for delay in response. No i havent done the spreadsheet yet. I know though that even allowing for refund of fees and interest i would still owe them money. But these guys are nothing short of clowns.. .Yes i got the default notice in September and yet as of yesterday they STILL haven't defaulted the account -default letter just says they will default it sometime after 28 days of the date of the letter. Its now 8 months in arrears due to my refusal to pay and only now are they starting to phone me for payment. Suddenly they are willing to accept the offer of £50 per month but not before a total of £300 been added in interest and charges since this started. At this stage i would request clarity one point. The account was effectively cancelled in March 2012 after i declined their interest rate increase and under the terms of the increase i could continue to pay the debt but no new transactions would be permitted. At this point i consider that this is now just a debt with them. However, last month after the 5 months it was with their concierge(!) team before getting a flat NO and this was their final statement, the account went over its old limit and i have been getting late payment and overlimit fees. What the legal position here? If i cant make new transactions then surely there is no limit - its just a debt attracting interest? Should i open up a case with the FOS? What if (when) they eventually close it and pass to DCA (which last caller said is what they would do) , can i just tell the DCA to go fish as i am in dispute? Please advise..Thanks
  2. Hi All, just a little update and advice request please.. .Seems they were lying about defaulting me in August but i got a letter on 3rd Sept saying it would default in 30 days (today!). Actually got my first ever chaser for the debt at the end of last week - guess thats the first £12 then they are genuinly entitle to claim represents their costs would like advice on what exactly this means once its defaulted. Can they still keep adding interest and late payment charges for example? Also once they add this month charge it will push me over the £1000 limit (which i consider completely irrelevnt anyway - how can a cancelled card still have a limit?) so from now on the debt would be increasing at £38pm instead of £26. I Know i need to hold my nerve and be prepared to go to court but the amount is rapidly increasing. Debt was around £700 when the dispute started.
  3. interesting call this morning from mbna. ..long and short is they still maintain that i can afford the minimum payments and wont help. however, the implication was if i started paying the £50pm then that would probably be enough for them to stop taking further action! Yes of course it would be because they would still be raking back over half that in interest and LPCs until i caught up in 7 months!!.. Surely this is good evidence now to get it in front of a court? If they can accept £50 whilst charging LPCs then they can certainly accept £50 without further LPCs-already screwed me for 6 in the last 12 months? They have also said the account is going to default this month. HOORAH!! (I Think) - Want my day in court now...
  4. hi all,sorry for the amount of detail below. Ive just had a "final response" from MBNA despite this being their first contact! and they are not budging. Regarding penalty charges this was their response quote (edited) On review of your account six late default sums have been applied to your account over the past 12 months, totalling 72.00. . As the late default sums have been applied to your account in accordance with your terms and conditions, I regret that we are unable to complete any refunds. (end quote) I susbsequently phoned them to say that despite me feeling i have a genuine case, I would increase my offer to £50pm, which was considerably more than the monthly minimum if my account were in order. Their response was to tell me to pay the £50 and then they would submit a request to their lending team to consider the revised offer. Considering i have twice had offers refused, i wrote back refusing to pay them a penny without a formal arrangement. I have concluded that if i make the payment without an arrangement then this will be to my detriment as they will continue to charge me £26 pm in charges and interest. On this basis it would take a further 7 months to clear my arrears and i would incur a further £84 in LPCs alone. Additionally, my main concern is that all the time they dont pass on this debt to external collections, the balance is increasing at £26pm and by September will be up to the old limit, at which point additional overlimit fees would be added. I have seen comments about refunds of charges but since Im not paying them-the amount owed is just accumulating, I dont know how this would work. I'm not in a position to make a full and final and so cant explorer that option. Should i just leave it till it goes external debt collection now and refuse to speak to them? Should i make a £1 token payment as some have done (dont know what the reasoning behind others doing that is) Thanks for our time reading my diatribe....
  5. just discovered my father has been paying over £550 p.a. on home and contents insurance and it has been auto renewing for at least 15 years. the value is also under accepted rebuild costs so had a policy claim been made i understand it could have been declined. the main reason for the amount (apart from my father intransience with regards to challenging it - he is 75) is i believe because when he worked he was self employed so he likely paid extra for using the house as his business premesis. However on the basis of his age (his is natwest bank , credit card and insurance customer so they know his age) i consider by automatically renewing the policy they have missold the insurance? for the record on moneysupermarket i found over FORTY companies offering BETTER cover than he currently gets for UNDER £250., less than half. i guess i can cancel the policy (it auto renewed last month) but they would want £50 cancellation fee. Dont know whether just to challenge them for the mis-selling and hope to get them to waive the admin fee or if we could get more for all the overpayments he has made. Advice please....thanks
  6. wow three responses already - you guys are good!.. i havent considered the charge refund because i thought that i would have no chance as they are all £12. however, from the moment i notified them of financial difficulties , would i have any claim for additional penalty charges from that moment on? BTW i wasnt even asking for interest to be frozen/reduced just the LPCs so i was being really fair. i havent done an SAR but recon that 3/4 of the debt (just under £1000) is charges and interest.
  7. Hi all, first post and apologies for the length! i have a 4 year old account with mbna and it was in order until they wanted to hike my interest for the second time in 12 months i chose the option to refuse it and keep the original charges, knowing no new activity on the card was possible. was paying them the minimum fee for a while before xmas as family finances were tight. long story short, i stopped paying them when i got into trouble with payday loans eating up my entire disposable income and then some so i missed a few payments. meantime i incured the expect charges - no problem there. after 2 months i finally made a payment of £50 knowing this wouldnt clear my arrears but would reduce the debt. contacted them asking to freeze late payment fees if i continue to make payments -they refused. having 3 payday loans and 4 other credit cards i decided enough was enough - i needed to get control of my finances again. i produced income/expenditure and sent it to everyone and they all accepted my offer of repayment except MBNA. all i was asking them to do was reset the account so i could resume the original £30 pm i was paying but they refused again saying that i can afford more but i should pay the £30 anyway to stop the debt getting worse until my financial position improves in 6 months! meanwhile the 30 just about covers their interest and late payment fee each month. i told them to take me to court if they wont accept my offer and i will discuss it with a judge (i know...) as they were the only co being unreasonable. however, another 3 months have passed, they are still charging me 30 pm charges (with interest) and my debt is now very close to the original limit (which still shows on my statements) and so if nothing is done soon i will be incurring late and overlimit fees. so..please what are my rights here? I havent paid them any more simply because it would be all eaten in charges and fully expected solicitors letter by now (when at least the debt amount should be frozen until it goes to court) advice please
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