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Mbna - Default Threat


clowders
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Hi all,

 

Brief History: I asked MBNA to accept reduced payments as I am currently have some financial problems. I had no response but interest continually applied. So I requested my CCA from MBNA and the 12 days is up on Friday. I had also informed them to write and not to phone, which of course they have completely ignored and have continously phoned and have not wrote once. I have come home to the following letter...

 

Your decision not to pay your arrears of £***, despite a number of reminders and offers of assistance, has forced MBNA to withdraw your credit line and inform the credit reference agency of the arrears.

 

If you persist in non-payment, your arrears will continue to be reported to the credit reference agency, leading to a default being registered against you. This means that for the next 6 years any potential employer, car dealership or creditor who utilise the services of a crdit reference bureau will be able to see the details of this information on your credit file. A default notice may also be served on you which would allow MBNA to recorver the full balance owed through legal action, or by referral to a debt collection agency. You can still prevent any of these actions being taken by choosing the bring your account up to date.

 

I thought that a CCA request (which has not been actioned) put the account into dispute and prevented the above. Can someone confirm this please.

 

Also please can someone help me find a letter template to respond.

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Hi Clowders.

 

Sounds like the clap trap they send to me. Have a look at this for the letter I sent them.

 

Read the rest of the thread as well if you're bored. It should help you know what to expect next.

 

Keep at them and good luck.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 months later...

Hi All,

 

Things with MBNA have taken a new turn. I have now received a very polite letter which arrived in a pale pink envelope!!!

 

They have now stated that they would accept a partial settlement, which I do not really like the sound as I believe they would then chase me for the rest once they have the funds but I am happy to make a F&F settlement, but would this be viewed negatively on me if we went to court.

 

Also they have stated that they can now accepted reduced payments if I pay £123.59 by debit card before 26th feb. - which I am also not inclinded to do since I have still not received by CCA which I requested on 25th Oct 2007.

 

Please can someone comment on my response which is below. thanks

 

Dear martin

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY

Thank you for your letter dated 14th February 2008, which I duly note.

I am unwilling to speak to your company over the phone as I am very disappointed in your customer ‘assistance’ team and their practices. I have stated on many occasions that I require all communication in writing which have largely gone ignored so I will repeat the request yet again that all communication is to be made in writing. This enables me to keep track of all of the financial institutions I am dealing with and keep an accurate record of all communications should this matter go to court.

I am highly bewildered considering I originally wrote to you about reduced payments, back on 31st October of which you were in receipt of on the 3rd November 2007 that you are not considering this offer a possible option. I am not in a position to make a payment of £123.59 by 26th February but the offer of £56 per month is still open to you as long as all charges and interest are stopped and after I have received a copy of an executable consumer credit agreement. I would also like all interest and charges applied to my account during this period of dispute refunded in full with interest.

 

I have no desire to discuss partial settlements but offer £2,000.00 as a full and final settlement with all adverse credit reference notices removed. If you are open to this offer please inform me at the above address.

 

As to your statement ‘P.S If you do not contact me, MBNA may take legal action against you to obtain a county court judgement, which could result in a court appearance’ I would like to inform you that if you do proceed with such an action I will take the opportunity to ask the court why a large international company is committing a criminal offence and by not providing me with a copy of an executable consumer credit agreement, and why they are also refusing to comply with the Data Protection Act 1998 despite several requests.

 

Yours

 

Clowders

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