MBNA Credit Card - Harrassment and Porkies

[Missy Allen]

Hi, I am pretty desperate for information regarding MBNA credit card.

 

I have an MBNA credit card and due to unfortunate circumstances can not keep up the repayments. The troubles started in April and I wrote to MBNA informing them and have constantly written letters with updates of my situation. I have been bombarded with calls, letters and texts. They have so far refused to freeze interest and charges.

 

However, yesterday they offered me a partial payment in full and final settlement or they will accept £37 per month and will recommend that the charges and interest be frozen. Apparently the £37 is set down by the Financial Services Commission!

 

They also informed me that they could register a legal charge with the land registry - I did state that they had to take me to court first and as I was making regular monthly payments of £10.

 

I was then told that MBNA is an Amercian bank and therefore rules by American Laws (I don't buy that one at all)! I want to know exactly what I should do. He wants me to telephone today with details of my incomings and outgoings to get the ball rolling to freeze the interest. I have explained that at the moment it will be almost impossible for me to make payments of £37 but is adamant that is the smallest amount that can be accepted.

 

He did say that MBNA is a telephone bank and therefore they do not accept letters. I did explain that by putting details in writings does mean that communication can be proved and not misunderstood.

 

Where do I go from here.

 

Thanks

[aliboy]

Hi, I've just started the procedure for getting my charges back from MBNA. As I understand, MBNA are a European bank, not american and they definately accept letters! As for the rest, once you've lodged your request for reclaiming the charges, the account is 'in dispute' and they cannot take any action until the dispute has been resolved.

Hope that helps!

Al

[Curlyben]

Were the HQ is based has NO relevance at all, they must still comply with the law of the land.

Obviously you don't need to be told to keep everything in writing as they are clearly misleading in their telephone conversations.

 

Now I would be inclined to send them a telephone harassment letter and force them to write to you ONLY.

There's one here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[Missy Allen]

Thanks Aliboy and Curlyben. I will send the Telephone Harrassment letter today. Also what is a CCA letter and can I send one of those.

[hamish2008]

Hi Missy Allen

 

I am in almost exactly the same poistion as you so at least you're not alone !

 

A CRA is a request to see if they hold the original credit agreement that you signed - if they don't the debt cannot be enforced by them, you can find a template on the forum or I'll come back and post a link. It costs £1 and they have a legal time limit in which to respond.

 

Link for CRA - you need template N

 

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

 

 

Your details of dealing with MBNA are much the same as mine and a lot of people on here I'm afraid but keep your chin up and keep battling !

 

Hamish

Edited July 15, 2008 by hamish2008
added link - thanks BRW

[Missy Allen]

Thanks Hamish2008 I will send my letters off today and see what happens.

[Fred Bassett]

Hi Missy Allen, I too have had dealings with MBNA and they are very difficult. They will spin you a lot of yarns, basically lies, about how much you should pay, so get the the CCA request off as a matter of urgency. When you get the results, post it on here (after removing your personal details) so that some of the very knowledgeable people here can advise you more.

 

MBNA are awkward and aggressive to say the least, but one thing is for sure, they are well geared up for dealing with correspondence, so don't accept the "we are a telephone bank" garbage. My answer to that would be "well I am a letter person".

 

Hopefully, whatever they send you will prove to be unenforceable. If it does, that's when control of the situation switches from them to you and that's where the fun starts.

 

Regards.

 

Fred

[Missy Allen]

Thanks very much Fred. I have just printed my letter and will post it first thing tomorrow.

[Missy Allen]

I have today received 2 letters. One from MBNA headed "Notice of a Potential Court Order on your Property" and the other from Virgin in response to my telephone harrassment letter and CCA letter - I think although it does not say.

 

I am of the mind to respond to the letter from MBNA stating the obvious that the Courts would not look too kindly upon them instituting proceedings when I am making payments. Also I am of the mind to put the contents of the conversation I had early in the week in there when I was told that MBNA is an Amercian based company and not governed by English Law! What does anyone think.

[banker_rhymes_with]

Hello Missy Allen!

 

I was told that MBNA is an American based company and not governed by English Law! What does anyone think.

 

I think this is a prime example of why it's just not worth speaking to anyone at the MBNA.

 

They would not put that in Writing, in the same way that they would not put a lot of other things they say in Writing too.

 

First Step in taking charge of MBNA is to never, ever, speak to them.

 

After that, you'll soon see they are mostly only capable of creative threat Writing, which does get funnier the more you see of it.

 

The only sense in which the MBNA are not governed by English Law, is in the magnitude that they disregard it.

 

Sadly, the Financial Trough is so jam packed with Political Trotters, that they are being allowed to get away with this...for now...just like all the other banks...for now.

 

Cheers,

BRW

[steven4064]

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

[Missy Allen]

I have sent both the CAA letter and telephone request letter. They were both dated and sent 15th July. The cheque has not been cashed yet and I have not received any correspondence relating to these letters, however, we are still receiving phone calls. We do not answer the phone but someone has left a message on the answering machine stating that we need to contact them by 31st July or else they will send the debt on to a third party, they also mention the letter regarding applying for a charge against the house amongst other things. The 12 day time limit expeire on the same day they say they are going to take further action. We are still making regular monthly payments. Do we still just sit tight and wait for the time limit? I thought that I had sent the CAA letter the debt is in dispute and they cannot do anything to recover the debt if it is disputed?

[steven4064]

Keep detailed records of all calls - date, time, name of agent who called

[Missy Allen]

I will keep the message on the answering machine. Thanks.

[steven4064]

If you get more, make sure you keep a list

[Missy Allen]

Hi

 

I sent the CCA letter off on 15 July 2008 and have still not received a copy. I did receive a letter a few days ago confirming that they will not telephone again and that the CCA would be sent under separate cover but I have not received it and they have exceeded the 12 working day time limit. What do I do now?

 

Thanks

Missy Allen

[banker_rhymes_with]

Hello Missy Allen!

 

...they have exceeded the 12 working day time limit. What do I do now?

 

Don't Pay them anything more in this case, and just sit back and wait for them to get their Act together.

 

All of their silly Threats to date have been idle moves intended to get you to Pay, that is all. Talk of Immediate Sale to a DCA, Urgent Deadlines or Else, Land Registry Charges, American Bank/American Law, are all complete nonsense. Pretty soon, they will start repeating these Threats, and you'll soon realise just how hollow they were. Without CAG, you may not have realised this.

 

The MBNA rely upon people thinking these Threats are genuine. Sadly, many vulnerable people do think exactly this, and do keep Paying them because of these nasty Threats rather than because the MBNA have established a Legal Right to be Paid. This is why the MBNA keep trotting out these Threats.

 

Indeed, the harder they Threaten the softer their Legal position. Same applies to a few other bankers that I could mention too! They know it is better to go on the attack, than let the Consumer twig that they do not have an Enforceable Agreement.

 

In comparison to the thousands of people they do Threaten, CAG Members are just a small thorn in their side, albeit one that is getting bigger, stronger and sharper. The CAG Thorn is gradually causing them some real pain. Good.

 

WRT your CCA Request, and knowing the MBNA, they'll either not send you anything at all, or they'll send you some crabby Copy of a Microfiche Scan, that'll either be:

 

(1) Unreadable.

 

(2) An Application Form with No Prescribed Terms.

 

(3) An Agreement with No Prescribed Terms.

 

Take a look at whatever arrives, select from the above List, and I bet you can then insert "Unenforceable" at the end of it!

 

The most likely is they will also resume their Harassment via Telephone and Letter, irrespective of what they send in response to your CCA Request, or what you write to them.

 

However, don't forget the new Consumer Protection from Unfair Trading Regulations 2008, which now apply, and which require Trading Standards to actually do something when a Company/banker is in Breach of your CCA Request.

 

For now, just give them as much rope as they want to hang themselves with.

 

Thus, do File all Threat Letters, and do keep Logging any Calls by Data/Time and Calling Number. If you do happen to speak to them by accident, get the Caller's Full Name and then slam the phone down. Don't be polite, as they will not be at all polite if they are given half the chance.

 

My advice is therefore to sit back and do very little, just see what the MBNA does next. Keep reading the CAG MBNA Threads, and you'll soon see what their likely strategy will be. You will soon have a fairly good idea what they will do next. Most of their Standard Threat Letters are already on CAG, so you can see them all here before they send you your own Copy!

 

Forewarned is Forearmed.

 

I hope this helps.

 

Cheers,

BRW

Edited August 2, 2008 by banker_rhymes_with
Typo

[AndyOrch]

Hi

 

I fully endorse every word BRW has stated .Do nothing, absolutly nothing dont write chasing, dont think that if you are doing nothing then you should be.MNBA will give up eventualy and then pass it on to one of their sidekicks (usually Link a favorite at the moment)

I advocate not pursuing any company once the CCA request has been sent, unless you are the subject of legal action, in which case it's important to get the information you need to prepare a defence and c/c as soon as possible

 

To ensure you have the best possible case, should you eventually be issued with a Court claim; you need to keep all correspondence that you are sent, as you can guarantee regardless of sending the CCA request, you will be harassed for pmt. All calls must be logged, answered or not, dates, times, names etc.... This is to build a case of harassment against them. The Consumer Credit Act 1974, states that they are not entitled to enforce the agreement whilst the default continues, so in addition to not be entitled to take legal action, they have no right to collect pmt, so it necessarily follows that they are entitled to harass you either! You cannot harass a person for a debt, when you haven't proved it exists

 

My point is that your interests are not best served by pursuing them. Let them dig a big hole for themselves, so that you can counter-claim for damages for harassment and hopefully if they can't produce an agreement you have Data Protection Act 1998 breaches as well as defamation

 

I would also suggest not going through their security Q's if you are unfortunate enough to answer a call. Do not bring up the CCA request either, so what if they don't produce the agreement after 12mnths? As long as you have a recorded/guaranteed proof of postage delivery slip, you're fine. The longer they leave things, the worse it is for them. Simply tell them to write to you, don't tell them not to ring, as the calls obviously form part of the harassment

Let their stupidity help you build a case....simply sit back and bide your time.

 

If someone has debts, it is important to understand that there are no quick resolutions. Those who seek quick remedies in a bid to put the matter behind them hastily, do themselves no favours at all. Debts can be significantly reduced or disposed of, if the situation is approached tactically from the start.....you just have to be patient!

 

 

I trust the above clarifies your position

 

Regards

Andy;)

[Missy Allen]

Thank you so much - I will just do nothing!

[banker_rhymes_with]

If someone has debts, it is important to understand that there are no quick resolutions. Those who seek quick remedies in a bid to put the matter behind them hastily, do themselves no favours at all. Debts can be significantly reduced or disposed of, if the situation is approached tactically from the start.....you just have to be patient!

 

Absolutely, it is a long Campaign, never a single Battle.

 

If you see a good banker, quick, shoot him...before he turns bad.

 

They all turn bad in the end. There is no such thing as a good banker these days.

 

Cheers,

BRW

[steven4064]

I agree with what Andy and BRW have said. Just to underline the imporrtance of keeping records of calls and correspondence You may use the information to claim compensation as Andy has said or, given that their harassment is a criminal offence, you may want to have them prosecuted.

[AMSF]

hi there

it seems you are getting a lot of good advice on this site. my situation is similar to yours with MBNA. may I ask what % they offered you in full and final? i am with Payplan in a DMP and they told me MBNA would not settle less than 75% - does anyone know if it's possible to get much lower than that?

[Fred Bassett]

They offered me a settlement figure of about £4,500 on a debt of about £11,000. Mind you, they haven't got an agreement so at the moment they won't be getting anything.

 

Regards.

 

Fred

[AMSF]

thankyou for that input - was that a recent offer?

[Fred Bassett]

Last week.

 

Fred