MBNA - any ideas what next?

[maxsmum]

Max

 

When did you take the debt out

 

HAK

 

 

It was in 2001.

[Having_A_Knightmare]

The older the better as theres more chance it may have been mispalced or without the prescribed terms.

 

HAK

[pt2537]

Bingo,

 

totally agree with HAK. i would be surprised if they do return a document, BUT if they do dont automatically take it as red that what they have sent complies with the law

 

you would be surprised how many dont !! the best thing to do is if they do send you a agreement let us know and we will go over what it must by law have in it

 

Regards

Paul

[maxsmum]

Bingo,

 

totally agree with HAK. i would be surprised if they do return a document, BUT if they do dont automatically take it as red that what they have sent complies with the law

 

you would be surprised how many dont !! the best thing to do is if they do send you a agreement let us know and we will go over what it must by law have in it

 

Regards

Paul

 

Thank you very much for your help Paul and everyone else.

 

Much appreciated

[empowered]

Hi Maxsmum

 

I too have had a terrific run in with MBNA and won. All they sent me when I requested CCA was a signed Agreement Form with no prescribed terms/conditions/interest rate etc - so not valid! The older your agreement, the better - mine went back to 1989 and they must have filed all the older ones (including your date) in the bin I think! Have got all my charges plus interest back which now gives me a zero balance so it is worth following all the excellent advice already given. I also didn't sign for PPI, which they say I subsequently agreed to over the phone but they can't produce a transcript of the phone conversation - this is my final battle with them! Good luck - Debs

[empowered]

Forgot to mention - pop over to the MBNA forum and read all the other stories - you'll be in good company and can see how MBNA operate or not!

[maxsmum]

Ow they even have their own forum! Think it could be a long night!

[maxsmum]

I just read the below in one of the other MBNA topics

 

And you keep falling for it:grin::grin::grin:????

 

As I told MM before I dealt with MBNA by completely ignoring them until they eventually sold the debt to those awfully nice Cabot people. I even had an American ringing me up. They destroy all records when they sell the debt so I simply CCA'd Cabot who of course defaulted. The best way to deal with MBNA is to completely ignore them. Don't try CCA'ing or S.A.R - (Subject Access Request)'ing for these debts until you are sure they have been sold on - they'll produce and you will be screwed.

 

I haven't sent the CCA off yet as when my OH got to the postoffice, it had closed so was going to do this tomorrow.

 

Do you think it is best waiting for them to sell the debt on and then go the CCA route?

[empowered]

I just read the below in one of the other MBNA topics

 

 

 

I haven't sent the CCA off yet as when my OH got to the postoffice, it had closed so was going to do this tomorrow.

 

Do you think it is best waiting for them to sell the debt on and then go the CCA route?

 

 

Bit tricky - first time I've heard of this and considering yours goes back to 2001 I'd bet on them not having a properly executed agreement. I think this could cause more problems than it solves. Perhaps one of m'learned friends can comment?

[Hopeful1]

Hi Maxsmum

 

I too have had a terrific run in with MBNA and won. All they sent me when I requested CCA was a signed Agreement Form with no prescribed terms/conditions/interest rate etc - so not valid! The older your agreement, the better - mine went back to 1989 and they must have filed all the older ones (including your date) in the bin I think! Have got all my charges plus interest back which now gives me a zero balance so it is worth following all the excellent advice already given. I also didn't sign for PPI, which they say I subsequently agreed to over the phone but they can't produce a transcript of the phone conversation - this is my final battle with them! Good luck - Debs

 

Snap!! Had hubby's charges paid back into acc., he'd ticked no for PPI but they've said he agreed it on 'phone. Waiting for response to my request for evidence of 'phone call.

 

Good luck from me too Maxsmum. To be honest, with these lot you probably won't need luck, just lots of determination!!

[Goldlady]

MBNA couldn't find anything at all when I sent my CCA request:p. Considering all the hassle I had from them (same as you - refused to accept reduced payments, constant phone calls -even to my neighbours) I think they deserved to be sent packing;). I have absolutely no idea when my 'alleged' agreement was taken out but at least 8 years ago. So you might be lucky.

 

But you guys are right about the right hand not knowing what the left is doing. At one point I had a letter offering to accept a settlement of 25% of the alleged debt, two weeks later a girlie rang and said they would accept 50%; when I told her about the previous offer she said that wasn't possible as there was no way anyone there would have the authority to reduce the debt by that much. So I faxed her the letter. Irrelevant really as I couldn't afford either amount.

 

My CCA request went direct to MBNA and I have sent CCA requests to several other original creditors as well.

 

Best of luck.

[maxsmum]

I have a credit card debt with MBNA of just under £3K. The credit card was taken out in 2001.

 

I have been on a repayment plan with them and they stopped interest and late payment charges.

 

I sent them a letter back in Sept advising that I had to reduce my payments as my mortgage fixed rate had finished and my mortgage has gone up and therefore on a pro rata base, had to reduce payments to my creditors. I altered all my Standing orders.

 

Then the calls from MBNA came..rude, very rude! I sent them the herassment letter by signed for post, email and fax which they acknowledged first and today I received a letter from them confirming they have removed all my phone numbers (work, mobile, home) from their dialing campaigns but I should be very grateful because of interest being stopped etc

 

Anyway, I have emailed/fax/sent them letters on numerous occassions pointing out all my creditors have accepted my reduced payments, they haven't (well they haven't said no or yes...they just don't reply at all!)

 

I have CCA'd them (letter sent 9th of November, signed for by MBNA on 12th November)

 

They sent me one of their famous pink letters saying imminent court action and I had to acknowledge the letter...well I haven't acknowledged it or mentioned receiving it at all. (they don't acknowledge mine, why should I acknowledge theirs!)

 

So what do I do now...just wait for this CCA request to run? I have kept up my reduced payments (which is only just under £14 a month but all I can afford)

 

Any advice welcome!!

[shane5408]

Hiya,

 

For now just sit tight and wait for them to respond to your CCA request, Carry on making your reduced payments to them though.

 

the burden of proof is on them to prove they have a legal right to collect the debt, if they can't provide a credit agreement or they provide an unenforcable one then they don't have that legal right.

 

the pink letter imminent court action is a standard template to scare you into submission.

 

If after 12 working days they haven't produced the CCA then you are within your legal right to withold payments, and after a further 30 days they comit a sumarry criminal offence at which point you should make a complaint to trading standards,

 

kind regards,

shane

[Duffers Mum]

Maxsmu, change your telephone numbers, BT will usually change your number for free if you say you are getting strange phone calls (you don't need to elaborate on who they are from), my mobile provider also recently changed my mobile number free of charge for me for the same reason. That way they can only write and although it is annoying (I'm having continual post from Barclaycard and Mercers) its nowhere near as intimidating or upsetting as phone calls must be.

 

Good luck, I hope you get it sorted

[ScarletPimpernel]

A combination of the CAG telephone harassment letter and refusal to answer any of their security questions when they call will usually stop them. Add to the letter a sentence asking them to confirm that they've removed your number from their records. They'll respond with a template letter blathering on about how they've removed the number, but will ring you again if you don't play nicely with them; it's waffle, however, and they will stop ringing.

[maxsmum]

I have a credit card debt with MBNA of just under £3K. The credit card was taken out in 2001.

 

I have been on a repayment plan with them and they stopped interest and late payment charges.

 

I sent them a letter back in Sept advising that I had to reduce my payments as my mortgage fixed rate had finished and my mortgage has gone up and therefore on a pro rata base, had to reduce payments to my creditors. I altered all my Standing orders.

 

Then the calls from MBNA came..rude, very rude! I sent them the herassment letter by signed for post, email and fax which they acknowledged first and last week I received a letter from them confirming they have removed all my phone numbers (work, mobile, home) from their dialing campaigns but I should be very grateful because of interest being stopped etc.

 

Anyway, I have emailed/fax/sent them letters on numerous occassions pointing out all my creditors have accepted my reduced payments, they haven't (well they haven't said no or yes...they just don't reply at all!)

 

I have CCA'd them (letter sent 9th of November, signed for by MBNA on 12th November)

 

They sent me one of their famous pink letters saying imminent court action and I had to acknowledge the letter...well I haven't acknowledged it or mentioned receiving it at all. (they don't acknowledge mine, why should I acknowledge theirs!)

 

I sent them another fax, to 2 of their fax numbers, again,requesting if they would be willing to accept my reduced payments but they are just ignoring me.

 

TODAY I receive the following:

 

1) A MBNA statement which shows my payment of £13.35 plus the £1 postal order has been credited to my account as a payment. This is the £1 postal order I sent with my CCA.

 

2) I also received a letter from MBNA stating the following:

 

RE Notice of possible charging order on property

 

I am contacting you in relation to your MBNA credit card. You currently have an outstanding balance of £xxxx. Despite numerous attempts to contact you, we have been unable to set a reduced payment programme that you are able to pay.

 

As itentified under the land registry title number XXXXX, a preliminary investigation indicates that you are the joint freehold proprietor at the address on record.

 

You need to contact our office within the next 48hrs to resolve the issue in relation to your account. If you fail to do so, we may pursue a county court action through your local county count and after obtaining a county coury judgment, or, if you are a resident of Scotland, a Sherrif's Court Decree, ask the Court to issue a Charging Order against your property, or if you are a resident of Scotland, an Inihibition being placed on your property.

 

If you are currently in financial difficulty and feel that you cannot maintain the minimum contractual payment, you need to contant J.P. Connelly on telephone number 01244 674663 extension 10474 as we may be able to set for you a reduced payment programme from as little as £34.00 per month.

 

However, if you fail to comply, we may have no choice but to pursue the action detailed above and you could be held liable for any legal costs incurred.

 

Your sincerely

 

 

 

HELP!!

 

1) They don't respond to any of my letters

2) They haven't responded to my CCA (but credited the £1 againt my account)

3) What do I do next?

[ScarletPimpernel]

MBNA are utter morons. They appear to be entirely innocent of any sense.

 

However, it seems that almost all of their prodigious output of letters are just pish and wind templates. I've had more than 20 in two months, all promising that the sky will fall in within 7 days; they've actually done nothing other than send out more less than lavatory standard paper.

 

All you can do is write to them again, heading the letter COMPLAINT, and detail the catalogue of stupidity to date. Make clear that you want a copy of their complaints procedure, and that their failure to comply with the CCA puts the account in dispute, and their continued collection activity is contrary to OFT guidelines.

 

You may get a result, but don't hold your breath...

 

If they don't respond at all, try TS and FOS.

[maxsmum]

I have put this letter together...can anyone tell me to add/remove anything...

 

Further to your letter dated November 15th 2007, I would like to point out that I have been contacting your company in writing on numerous occasions but unfortunately I am not receiving any response to my correspondence, so your statement that you have been making numerous attempts to contact me, are incorrect.

In addition to your letter dated November 15th 2007, which does NOT answer any of my letters of repayment, you have replied to me in 2 separate letters with regards to my harassment letter. I have had NO response to my letters, faxes and emails dated Sept 25th 2007, Oct 10th, Oct 11th, Oct 26th, Oct 27th 2007 ,Nov 13th and Nov 16th 2007.

I would also like to remind you that I sent a CCA request on November 9th, which I have confirmation from that it has been received by MBNA. To this date, I have not received any response to this either. Failure to comply to my CCA request will put the account in dispute.

I look forward to hearing from you in response to ALL my correspondence as soon as possible.

 

Yours faithfully

 

MY NAME

Copies of this letter faxed to:

Fax number 01244 672190 – MBNA

Fax number 01244 672409 – MBNA

Signed for Letter to MBNA Customer Assistance Department – PO Box 30 – Chester CH4 9FD

Signed for Letter to MBNA Customer Satisfaction Department – PO Box 1004 – Chester CH4 9QQ

[tooth_fairy]

In any case Maxsmum, for MBNA to obtain a charging order, they'd first need to get a CCJ against you, if you have been making token payments, any reasonable judge would not award them the CCJ immediately, if they did, they may fix your payments at a lower rate.

 

ONLY when you don't pay a CCJ can MBNA force a charging order on your property, some people opt for the CCJ to be charged against the property in the first instance, indeed a former client of my other half's did.

 

I get the feeling MBNA are trying the scare you, you have done nothing to be worried about here, you have done everything right, just make sure all correspondance goes via recorded delivery and keep everything together, should you need it.

 

Very best of luck to you,

TF x

[maxsmum]

Thanks Tooth Fairy, do you think I should just ignore their letter and file it and not respond or would it be better to send/fax the above letter I put together and give them another chance?

[Guest ChloeJane]

I thought your letter great..though reading it got a little confused, so from what you wrote, I understood it to be.......what is below and just changed it around it a little.......

 

 

 

Dear

Re:

 

 

To date I have written to you on the 25th September 2007, Oct 10th, Oct 11th, Oct 26th, Oct 27th 2007 ,Nov 13th and Nov 16th 2007 by letter email and fax. I have still not received an appropriate response or reply to matters raised.

 

You claim to have corresponded with me and sought to make contact. This is disputed.

 

 

 

On the 15th November 2007 you wrote 2 separate letters about my claims of harassment though have not responded to the communication sent to you on the above dates. I continue to await a response.

 

 

 

I would appreciate evidence of your statement that you have sought to contact me and copies of any letters you state to have sent or calls claimed to have been made for my records.

 

 

Confirmation from MBNA that they are in receipt of my CCA request on the 9th November is that I await a response. Failure to comply to this request places the account is in dispute.

 

 

It is wholly innapropriate where I am forced to continue to write about this matter and do not receive replies appropriately to my communication with you.

 

 

On this basis I look forward to a full written immediate response in reply to ALL correspondence sent by me to date as a matter of utmost urgency. Failure to do so will be deemed further unecessary harassment by you and noted for any further action that is taken.

 

Regards,

[miss muppet]

Hi Maxsmum, it can't hurt to send them your letter- if it ever went to court, it shows you being more than reasonable. I am still waiting for my CCA since May, they have sent me a reconstructed agreement with no sigs which of course is completely unenforceable. My daughter got an agreement with her signature but not theirs, now they are writing to me with reference my daughter's account, as I said on Alphageeks thread re MBNA you don't have to be mad to work for MBNA but it certainly helps:D

[maxsmum]

Thanks ChloeJane, your letter does read 100 times better then mine!

[maxsmum]

I just received a postcard from MBNA... set of trees on the front..

 

on the back it tells me they gonna be calling me week commencing 19/11.. if this is inconvenient, can I call them on 01244 xxxxx

 

They having a laugh I think... a) they confirmed they wouldn't contact me by phone anymore so no it isn't convenient but b) I stated I only will have contact in writing with them...

 

oh better file the card me thinks!

[millsee]

I just received a postcard from MBNA... set of trees on the front..

 

on the back it tells me they gonna be calling me week commencing 19/11.. if this is inconvenient, can I call them on 01244 xxxxx

 

They having a laugh I think... a) they confirmed they wouldn't contact me by phone anymore so no it isn't convenient but b) I stated I only will have contact in writing with them...

 

oh better file the card me thinks!

 

Do you mean "calling you" = telephoning you or "calling you" = calling to see you?

 

If the former, sadly you might not be in.

 

If the latter, then this letter might help:

 

Dear Sirs,

 

Please note that I now formally withdraw any implied right of access to my property to yourselves, your employees, and any agents acting on your behalf.

 

If you should trespass on my property after this notice, then I must warn you that I will not hesitate to call the police to have you removed from the property.

 

I further warn you that any such trespassers will be cautioned in line with Police and Criminal Evidence guidelines and be questioned as to why the trespass is taking place, and a statement will be written from contemporaneous notes, which your employees/agents will be given the opportunity to read and sign.

 

Such a statement may be given in evidence to obtain an injunction in order to prevent further harassment by yourselves or your agents/employees.

 

You will of course be expected to pay the costs for these proceedings.

 

Yours faithfully,

 

Now, whatever happens, you must keep making your payments to MBNA in line with your revised SOA. The advice in the thread above is extremely worthwhile, and I would suggest you heed it.

 

You'll then get into this cycle:

 

Payment -> Letter from them saying that's not enough -> Letter from you saying that's all you can afford -> Letter from them saying they'll take you to court -> Payment -> Letter from them saying that's not enough -> Letter from you saying that's all you can afford -> Letter from them saying they'll take you to court ->Payment -> Letter from them saying that's not enough -> Letter from you saying that's all you can afford -> Letter from them saying they'll take you to court....

 

and so on.

 

No court in the land will grant a Charging Order against your property if you have been maintaining payments on a formal (CCJ) or informal (DRP) basis. The law simply doesn't allow them to do this.

 

Keep making your payments and updating them every 6 months or so with a revised SOA.

 

They'll bluster. They'll threaten. Tough.

 

They can't have what you haven't got.