Mbna - How unhelpful!!!

[clowders]

Hi all, I need some help with MBNA.

 

My partner and I contacted MBNA to reduce our payments and freeze interest and charges as we are struggling to meet our debts. We enclosed a chq with the lower payment, together with a list of our other debts, income and outgoings.

 

However, MBNA have cashed the chq, but added another £200 of charges and interest and late fees (total debt £10,400).

 

I have been an MBNA customer since 1999 and have been reading about other people sending CCA letters, but is it to late as we have effectively stated we acknowledge the debt with our first letter.

 

If it is not too late where can I find a copy of the CCA letter and how does the process work.

 

Thanks for your time

[standingupformyself]

Have you sent them a SAR to find out how much of your debt is due to charges?

[standingupformyself]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N is the CCA template. Send the SAR request off, enclosing a photocopy of ID, and enclose £10 chq/po...... send it recorded.

Also send the CCA off, again recorded with the £1 fee

[clowders]

I haven't sent off a SAR but I will do and then do the CCA. Thanks for the help.

[shane5408]

Hi Clowders,

 

When you send the CCA Request make sure you add the following sentence to the top of the letter:

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

 

i would also advise against signing any letter you send them, ie CCA's, S.A.R - (Subject Access Request);s etc, instead use a digital signature, see this thread for details http://www.consumeractiongroup.co.uk/forum/general-debt/110578-digital-signature-guide.html some Card companies have been suspected of scanning signtaures onto agreements to make them enforcable!

 

Sending a SAR request means MBNA are required to send all documents/info they hold on you, including all charges,fees debited from your account, you may find a significant amount of the balance is made up of charges in which case you can start claiming them back.

 

Sending a CCA request is a legal request for a copy of the signed executed agreement that MBNA hold on you, if no agreement exists then the debt is unenforcable as MBNA have no legal recourse to enforce the debt. Similarly, if they provide an agreement which lacks certain prescribed terms, is illegible or contravenes the Consumer Credit Act and Regulations it may also be unenforcable. CCA Requests are a great way of ascertaining whether the creditor has a legal right to collect the debt, and also can be used as a bargaining tool as well.

 

kind regards,

shane

[clowders]

Thanks for the advice Shane. I will definately change my signature from now on although I have just sent them a letter in regard to reducing the payments and used my normal signature. Lets hope they lose the letters:) . Will send off the letters tomorrow. Is it okay to send the CCA and SAR at the same time or should I leave a cap between?

[shane5408]

Hi Clowders,

 

I see you no reason why you can't send them at the same time. It should be noted that in a S.A.R - (Subject Access Request) you should receive all info relating to your account including the credit agreement, however the benefit of the CCA is the statuatory time period the creditor has to respond by (being 12 days from receipt) and subsequently, should they not respond in that time the acount goes into default and they are unable to enforce it.

 

kind regards,

shane

[rory32]

Personally I would just send them off together. MBNA have a habit of wanting things like your passport or drivers license as a form of I.D. before sending documents to you (could it possible be because they have your signature on them?). Do not send them, if they really want proof of I.D. I find a copy of one of the threatening letters they have sent you should suffice.

[standingupformyself]

Ditto to the above, I used a copy of an electric bill, that will do apparently.

[Alphageek]

Are the dirty beggars still trying to reconstruct "orignal" agreements?

[blencathra]

With refernce to the request for agreement details. MBNA use Hillesden Securities and it is them who have been requested to send agreement details. The have said thanks for the £1.00 fee. and stated they will try to find the original . But if not send a true copy. They inted to update the info within the next 21 DAYS. I thought they had to send it within 12 working days.

Although they work on a Saturday they dont count that as a working day. Perhaps the staff work for nothing. What would you suggest the next step is as they do not intend to send the paperwork within the stated time of the law. and furthermore they have two entries on a credit file for a substantial amount when only one acount is held. That sounds a bit of a farce to me. As they are threatening to take the account holders to court and get a charge on the property HELP HELP

[rory32]

Blencathra it's best if you start your own thread on this, otherwise your posts will be lost in this thread.

But if not send a true copy. They inted to update the info within the next 21 DAYS. I thought they had to send it within 12 working days.

It's a standard letter. They are aware of their legal obligations - if they can't comply that's their problem not yours.

Although they work on a Saturday they dont count that as a working day.

No company, DCA or otherwise, counts Saturday as a working day.

What would you suggest the next step is as they do not intend to send the paperwork within the stated time of the law

You just have to wait, other than that you don't have to do anything.

furthermore they have two entries on a credit file for a substantial amount when only one acount is held.

Please can you give more details on this.

they are threatening to take the account holders to court and get a charge on the property

Is there a CCJ on this account? A charging order takes some time (it is not as they would have you believe a case of popping down to the courts on a Monday morning and getting a charging order ganted by the weekend) the pocess is CCJ, charging order nisi then charging order absolute. If they don't already have a CCJ and can't produce a copy of the agreement , as long as the CCJ is defended, they can forget about a CCJ never mind a charging order.

[blencathra]

Many thanks Rory32. With reference to the 2 accounts . What i meant to say was that the credit file shows 2 entries both MBNA credit cards for a similar amount outstanding amount. But the Holder of the cards only has 1 account and 1 card So somebody else credit card has been put under the wrong name and credit file and they are only taking the matter to Court for the amount of 1 credit card. Is this another example of information on somebody else going astray or they dont know what they are doing.

 

At the moment there is no CCJ on the account Hillesden Securities have threatened to put the matter before the courts and get a CCJ and a Charging order at the same time. I think a defense claim should be registered in reply to the summons. But still no agreement in the post yet 6 days of the 12 have already gone A summons has been issued

[clowders]

Hi all,

 

The MBNA fun and games have really started. I am receiving numerous calls from them and have had a letter requesting me to contact them to discuss a few points. I think not!

 

I have ignored all phone calls and wrote a letter stating that I only wish to communicate in writing due to dealing with so many financial institutions at once and the cost of calling from mobile telephone as I currently have no house phone at the moment due to a fault.

 

Anyway they are still charging me interest, so I am currently waiting the 12 working days but can someone please tell me is there another letter I can send if they do not response after 12 days.

 

I opened this account between 98-00, hopefully they won't have the CCA.

 

Although I cannot believe the posts about scanning signatures on to other CCA's especially as I signed my inital letter with my true signature. If they send me a signed CCA i will request a copy of the letter to check whether they are the same as surely no judge would believe a signature is an exact match nearly 10 years later.

 

All other letters sent have got amended signatures and I have photocopies for the reasons listed above. So thanks everyone for the advice!

[rory32]

can someone please tell me is there another letter I can send if they do not response after 12 days.

 

You don't need to send them a letter after the 12 working days. They are aware that they are in default.

[clowders]

So Rory what is the next step? Do I carry on making my normal pro-rata payments? Can I challange the interest they are still adding despite my requests to freeze it?

[rory32]

After the 12 working days are up and they haven't supplied a copy of the agreement you can lawfully withhold all payments until a copy of the agreement is produced.