TONKA v MBNA MONEYCLUB

[banker_rhymes_with]

Hello T99!

 

They seem to send Good-Cop Bad-Cop Letters, look at the Letterheads, and I bet that when they are being nice, it'll be one Letterhead style, when they are being snotty, it'll be another Letterhead style.

 

I think it's all churned out by the same Threats-R-Us machine, so remember the Robot is behind both.

 

It hopes that by alternating the level of Threats, it may catch you one way if not the other.

 

Good-Cop: you are so relieved at them being nice, you knee-jerk out a Payment!

 

Bad-Cop: you are so scared at them being nasty, you knee-jerk out a Payment!

 

File both under Harassment.

 

Cheers,

BRW

[Tonka99]

Hello all

 

Update for this one

Had a letter today Default Notice served under section 87(1) of the cca

1974.

Can someone tell me what 87(1) is

We refer to Clause 3 of that agreement well i havent seen it have i:x

They are 12+2 +22 days after sending cca request.

In order to remedy this breach we must receive a payment of £000000000

by the 28th May .

anyway the letter goes on if you dont we may kill you if you do we will

still kill you but slowly

On or after the date shown the agreement will be terminated and we will

take court proceedings to recover the whole amount owed to us.

Further statements may not be issued.

At the very bottem of the page it says ; if you do not comply with the requirements of this notice we may register a default against you with

cra after 30 days of this notice.

 

Well is this a default notice or just another threat

 

thanks to all who looked

cheers T99

[steven4064]

s87

87.--(1) Service of a notice on the debtor or hirer in accordance with section 88 (a

default notice) is necessary before the creditor or owner can become entitled, by reason

of any breach by the debtor or hirer of a regulated agreement,--

(a) to terminate the agreement, or

(b) to demand earlier payment of any sum, or

© to recover possession of any goods or land, or

(d) to treat any right conferred on the debtor or hirer by the agreement as

terminated, restricted or deferred, or

(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon

any credit as restricted or deferred, and taking such steps as may be necessary to make

the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement

of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements

described by the regulations.

[Tonka99]

Thanks Steven

Have not seen that mentioned on any of their letters .

Think i will just wait and see what they produce for a cca

the clock is ticking for them , have had all the other cca,s

back but not this one , other thing the letter was dated the 15th May

and the envelope stamped 16th May it was a normal A4 envelope hand

written.Have now started to staple all envelopes to the back of the letters

That was BRW he thinks of everything bless him:p

many thanks

T99

[Tonka99]

Hello all

 

update

 

after sending SAR on the 12th May have received back today

several sheets of transactions but not statements is this correct

 

on the sheets it has lots of odd things ie

 

credit insurance fees

special cash interest

other interest

access checks speical £100.00:eek:

 

mbna accident ins

 

 

cant make head nor tail of it really

 

 

anyone had the same would like some advice on next move

 

oh and by the way the "We have provided this information free

of charge on this occasion":rolleyes: where is my £10.00 postal order then

 

thanks for looking T99

[Tonka99]

Hello all

 

UPDATE

 

Have today received this

 

 

Now bear in mind that I sent them a request for a CCA on the 8th April

and also a SAR on 12th May and to date have had no reply at all

 

I would think as this is the only one out of four cards and one loan

that has had no response maybe they dont have it

 

Any Ideas

Thanks for looking T99

[banker_rhymes_with]

Hello T99!

 

File it under Harrasment (Letters).

 

It's another Threats-R-Us attempt.

 

Note the following tell-tale signs of a worthless Threatogram:

 

"This is not a Court Document"

 

Means: we're only threatening, please don't jump the gun and hit us back with any CPR Requests, pretty please.

 

"This is a Notice of Potential Court Action"

 

Means: potential, as in a definite maybe.

 

Then it gets down to the real point, and that's your Debit Card! You don't think they have forgotten all about that!

 

After that, you will see FOUR+ examples of them using the word "may".

 

Just file it!

 

Cheers,

BRW

[Tonka99]

Hello BRW

 

just as i thought have filed it , my main concern at the

moment is LLoyds new thread for OH over on LLoyds forum

 

thanks for your advice as always

 

your about late tonight

 

T99

[Tonka99]

Hello all

 

Update :

 

Have today received a letter : "I am aware that you are in a

difficult financial situation at this currant time, we may be able

to accept the following, subject to terms & conditions

 

£00.00 a month

I will be able to STOP all Interest and fees, on the understanding that

payments will clear the outstanding balance within a 125-month period.

 

I am more than willing to reveiw the charges and fees that have already

been applied to the account.

 

£0000.00 Settlement

If you are able to make the above payment as settlement against this

full debt then i will consider writing off the remainder, this may be reflectedon your credit file.

Even if you cannot raise the funds immediately, there are alternative

options.

For example, we could accept payment over a three month period starting

this month.

Our aim is to assist you in reducing your balance in a realistic and achievable time frame. Your debt total of £0000 MAY be legally assigned

to debt collectors at the end of this month and the above offers will not

be available if this happens.

 

This opportunity is too good not to consider."

 

Still waiting for reply to CCA and SAR

 

thanks for looking in T99

[banker_rhymes_with]

Hello T99!

 

Did they add the Zeros?

 

If so, sounds like a bargain not to be missed!

 

Otherwise, if no Agreement, just file it under Harassment for now.

 

Cheers,

BRW

[Tonka99]

Hello all

 

UPDATE

 

MBNA have sent a letter today ;Deferred Loan xxxxxx

Please except this letter as confirmation that your outstanding

balance due under the above account has been sold to Equidebt ltd

all enquires regarding this account, including accurate balance info,

together with future payments, should be made directly to this company.

 

Ok sent SAR to mbna on 20th May to include this loan account, have

had back charges not statements for the three c/c but nothing for this

loan or my business c/c.

 

What is the best way to go now as im sure the new guys will be ringing

soon enough

 

 

thanks for looking in

T99

[steven4064]

Send the new guys a request under s78(1) of the CCA1974 - that should keep them quiet for a bit

Edited June 20, 2008 by steven4064
CCA section corrected

[Tonka99]

Hi Steven

Thanks for that .

 

Am i right in thinking that as part of the SAR that they should

send me details of payments made charges added ect , have

never had any statements on this loan from day one. Paid for over

two years and three months just a shame couldnt make the other

nine months

 

thanks for your help

T99

[steven4064]

They should do, but whether they will or not is a different matter

[Tonka99]

Hello all

Update

 

Sent EQUIDEBT LTD a CCA request and by return got a letter saying

 

" We confirm receipt of your letter, we have requested a copy of your

CCA and will write to you once this has been received.

In the meantime we confirm that the account has been placed on hold

until this matter has been resolved and no further collection activity will

occur."

 

Am thinking of sending a SAR next to keep them busy MBNA did not

respond to my reqeust so maybe they will to these .

 

Thanks for looking in

Cheers T99

[steven4064]

At least equidebt are doing what they are supposed to

[Tonka99]

Hello all

 

Update ;

 

have today received a letter ; INTENTION TO SELL

 

Avoidance is not an option

 

Also had calls for me taken by my staff who are getting a bit

****** off .

A real pig of a git who was really rude and demanded that i be

brought to the phone as the call was extermly important.

just took a call from him myself he is the rudest yet and said if

T99 did not contact him he would have to result to other means

to find me he says " I have been calling her for at least six weeks"

 

Take a Hike mate I only contact by letter which you know as i have

already written to your company and told you.

 

Still no CCA or SAR response .

 

Rant over

 

Thanks for looking in

 

T99

[steven4064]

T99

 

Are you keeping a record of these calls?

 

http://www.consumeractiongroup.co.uk/forum/mbna/152149-volunteer-wanted.html

[Tonka99]

Hello all

Udate

 

Sent Equidebt Ltd a CCA request they are now 20 days and

counting , have received a Default Notice from them if I didnt

pay all the arrears by the 6th of August they will record a default

on my credit file

Shall I just wait until the 12+30 days are up

 

My Credit File must be several pages long by now:eek:

 

Thanks for looking in

 

T99

[steven4064]

You could drop them a line and remind them that the clock is ticking

[Tonka99]

Hello all

Update on this one

 

Sale of Debt 29th August

 

Your Buisness Card A/c will be sold to external collectors on Friday the

29th August .

After your account is sold MBNA will no longer be able to assist you

by means of freezing fees and charges to your account.

 

To prevent the above action you can call me direct on xxxxx with a

debit or credit card payment of £xxx

I CAN ASSIST YOU WITH A REDUCED PAYMENT PLAN SUPRESSING ALL

INTEREST AND FEES MINIMUM PAYMENT REQUIRED £XXX PER MONTH.

 

Sent CCA and SAR both of which have not been returned back in April.

 

What is my next move please

Thanks for looking in

T99

[Tonka99]

Bump:)

[Tonka99]

Hello all

 

Update

 

Had letter today from our freinds at Chester Towers .

 

At least one of your c/c issued by MBNA has been scheduled to be written off as a bad debt this month .

As a final attempt to demonstrate our good faith to resolve this debt

MBNA is offing you the opportunatiy to save 60% by settling your account

We only have untill the end of the month to do so .

 

Now I have three c/c with these and on the letter they have only

got two account numbers , if we go back to post 10# they sent me

the same sort of letter maybe they have already written of one ?

 

Thanks for looking in

 

Cheers T99

[banker_rhymes_with]

Hello T99!

 

They sold off one of mine, never sent me a CCA, never sent me a Default Notice...so they will be getting that back I think once a DCA appears thinking they are in with a chance for a nice slice of pie.

 

To be honest, I don't think MBNA knows what it is doing, and with the recession building, I think they are having a hard time with a large percentage of their Customers defaulting on their inflated Payments!

 

Good.

 

I hope life is unpleasant for them, and then gets worse!

 

Cheers,

BRW

[Tonka99]

Hello all

 

Update with this one

 

MBNA have now sold this to Equidebt

Have had a letter today to say

"This letter is formal confirmation of the assignment on xx August

to Equidebt Ltd

This means that E/D has bought the right to collect this debt

All enquires or correspondence about this account should be directed,

in future to E/D

Failure to respond will result in one of our debt collectors

contacting you "

 

Well what next folks

 

Thanks for looking in

T99