MBNA won't accept written correspondence only...

[lexis200]

Just having a look at those links now, thanks.

 

What do you think about OH giving them a ring to surreptitiously find out if the agreement has been terminated or not? Is it a stupendously silly move, or do you think it would be ok?

 

The more I think about it the more I think if it's done in the right way (ie play completely dumb, just want to know for records etc) it shouldn't do any harm, and probably it will help me formulate what to do next with a degree of certainty.

 

Any thoughts?

 

ps - thanks for the pm CB, I'll bing you back later:)

[citizenB]

Hi lexis, sorry for the delay in replying. Have had computer problems. All sorted now

 

If you think OH can play the "dumb blonde" successfully, then I see no harm in phoning. Do please press 141 first so there is no record of your telephone number.

[pompeyfaith]

subbing with interest

[lexis200]

I've decided they've had nothing to do for too long now, so I've just replied to the letter of the 2nd Feb saying they haven't got transaction details prior to July '02, simply saying...

 

I am in receipt of your letter of the 2nd February, and the contents are noted.

 

Please explain how MBNA can prove the bought forward balance if there are no transaction details available to illustrate how the bought forward figure was arrived at.

 

I wonder what super response I can expect:)

[SB100]

That should be interesting- I have a similar situation with them

[lexis200]

I'll let you know if it turns anything up:) Pigs might fly!!

 

OH has also had a couple of interesting conversations with their 'charge off team' today.

 

I got him to phone to see whether it has been terminated. Got one patronising git to begin with, who was intent on repeating over and over that OH had been defaulted which meant the account was terminated. OH tried to explain that default was most definitely not the same as termination, but it wasn't going in:rolleyes: He really just wanted to tell OH that he was a very naughty boy which is why he was defaulted.

 

He phoned again though as we weren't happy with that, and the second bloke was much better. He's confirmed that they no longer own the account, and that it's been terminated.

 

Trouble is, OH had a letter last week (just a standard one), saying the terms of his agreement had changed. Why do this if they no longer own the account? Also, they've been accepting the standing order even though they now have nothing to do with it (including not having any files/notes according to the second bloke).

 

Upshot is I've sent a letter now asking for confirmation of various bits, so hopefully they will answer that at some point before I go grey.

[AA99]

I would so love you both to report them to the ICO who have really jumped up to help me and have at last made MBNA jumped up LOL! It is so quick and easy to report online, take 2 minutes and they have replied in writing and got MBNA to reply in writing too!

[lexis200]

Well we have them recorded now saying that the account is terminated and that they don't hold any of OH's records anymore, so if they turn round now and say they still have details enabling them to send out things like a change of terms bulletin, or are still accepting payments, I think it becomes a bit more of an issue.

 

The other thing that has just occurred to me is that if what chappie number 2 said is correct, and they don't hold any information on file, how exactly are they complying with data retention regulations?

 

Regardless of if they terminated the agreement, they still need to keep all the account details for 5/6 years (depending on who you talk to:))

 

Oh well, it's all fun and games isn't it. Well not so much fun actually, and I can think of better games. Something like banging my head against a wall and seeing how big a bump I can make strikes me as being more entertaining. And more productive.

[lexis200]

I've just read that charged off means they've written it off as a bad debt and claimed the tax rebate, so there is no more account as far as they're concerned.

 

I don't really get how they can get the tax relief, and the insurance for it , and then sell it onto a DCA (thus getting more money) who goes on to try and collect the money that has already been subject to tax relief and an insurance payout?

 

Is it just that I'm missing the point here, or is that one debt being paid off twice - once by the tax man and the insurance company, and once by the debtor?

[AA99]

I agree with you:(

Am also in a similar situation with my GEMoney car loan:-o They have confirmed they have terminated it! Link have confirmed they now have been assigned my debt but have no paperwork to go with it and would like me to write to them to explain what the situation is and they speak to me on the phone without verifying, etc,etc,,,

 

I don't know who, where, how, what to say to them:rolleyes:

[SB100]

I would so love you both to report them to the ICO who have really jumped up to help me and have at last made MBNA jumped up LOL! It is so quick and easy to report online, take 2 minutes and they have replied in writing and got MBNA to reply in writing too!

 

I've complained to them about Cap1 but have yet to receive a response. Might do it for MBNA too, as they messed about with the SAR and omitted the CCA (not sure if you've previously read this) then, when I questioned the lack of CCA they said they'd never had a request from me!

 

I then copied their response to my SAR to them, and they went extremely quiet... now they're looking in to my complaint:-|

[AA99]

I've complained to them about Cap1 but have yet to receive a response. Might do it for MBNA too, as they messed about with the SAR and omitted the CCA (not sure if you've previously read this) then, when I questioned the lack of CCA they said they'd never had a request from me!

 

I then copied their response to my SAR to them, and they went extremely quiet... now they're looking in to my complaint:-|

 

Cap1 said that to me too, but I do have the receipt:confused:

 

Stay strong Lexis, think we've come too far to give up now, at least we all have each other

[lexis200]

Thanks peeps for the moral support:)

 

AA99 - what exactly did you complain to the ICO about? Was it statements not going back far enough or something a bit more fundamental?

[SB100]

Cap1 said that to me too, but I do have the receipt:confused:

 

I've not only got the receipt, I also have the letter from them that came with the SAR they claim they never received!

[AA99]

Thanks peeps for the moral support:)

 

AA99 - what exactly did you complain to the ICO about? Was it statements not going back far enough or something a bit more fundamental?

 

I have every single contract and every single statement of ALL my creditors:D MBNA Acc.1 apologise in writing for not holding my CCA and hoped a photocopy of their T&C's would suffice:confused: They've just basically ignored all my correspondence since 1st August 2008 so I've reported them for the whole lot! Lack of response to my I&E form, CCA and SAR requests, harassment, calls logged, etc, etc..... At least I've got a case no. and as far as I'm concerned the case is in dispute.... at least it's gone quiet for a while and I can concentrate on some of the others:(

[citizenB]

I've just read that charged off means they've written it off as a bad debt and claimed the tax rebate, so there is no more account as far as they're concerned.

 

I don't really get how they can get the tax relief, and the insurance for it , and then sell it onto a DCA (thus getting more money) who goes on to try and collect the money that has already been subject to tax relief and an insurance payout?

 

Is it just that I'm missing the point here, or is that one debt being paid off twice - once by the tax man and the insurance company, and once by the debtor?

 

This is something that has puzzled me as well Lexis. It is interesting to note also that when these "accounts" have been sold on, the new DCA realises they are on a hiding to nothing with the consumer then pass the accoutn back. The OC then goes through the whole cycle again:confused: Nice little earner methinks:p

[pompeyfaith]

My account was also charged off, is this the same as terminating ? they also put the amount on another account number not sure where i stand here is this usual

 

Not had a termination notice and the default only relates to a sum in arrears

 

PF

[citizenB]

My account was also charged off, is this the same as terminating ? they also put the amount on another account number not sure where i stand here is this usual

 

Not had a termination notice and the default only relates to a sum in arrears

 

PF

 

I think what are you are going to have to do Pompey is read all the letters they have sent you AFTER the default notice and see if they specifically say they have terminated the account. It could well be buried in a lot of waffle.

[pompeyfaith]

ok thanks citizen ill do that PF

[angel_1]

This is something that has puzzled me as well Lexis. It is interesting to note also that when these "accounts" have been sold on, the new DCA realises they are on a hiding to nothing with the consumer then pass the accoutn back. The OC then goes through the whole cycle again:confused: Nice little earner methinks:p

 

HIYa all,,,this has beenin the back of my mind for a while, now that you have explained it so well, it is something i will add to my pile of stuff when i have my meeting my local mp who nicely dropped their leaflet through my door, and specifically states about debt problems;)

 

thanks for more points to my letter to be addressed and discussed

 

laters all angel x

[lexis200]

How about adding the fact that MBNA send out threats of doorstep callers (I'm sure we've all had one), and yet Gail Powell, our friendly VP, stated in a letter to me that neither they nor their representatives employ the use of them!

 

Surely then that is nothing more than a massive threat designed purely to panic the recipient?

[summerbreeze]

How about adding the fact that MBNA send out threats of doorstep callers (I'm sure we've all had one), and yet Gail Powell, our friendly VP, stated in a letter to me that neither they nor their representatives employ the use of them!

 

Surely then that is nothing more than a massive threat designed purely to panic the recipient?

 

 

OH had the pretty postcard this week from ' MIss H ... ' shes gonna be calling Yikes !!

I didnt get one though... I think they dont like me

[citizenB]

I am linking gazza's thread to a couple of the more visited MBNA threads. He has received court claim papers for BOTH his MBNA accounts. He could do with some help if people are able.

 

I thank you. The current stuff is from post # 315

 

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/162249-mbna-cca-agreement-help-32.html#post2028984

[lexis200]

After sending god knows how many letters I eventually got a reply to the 'why is there more than one Head of Customer Service, that's not possible' question.

 

Just in case it's been annoying anyone else as much as me (probably not, I do tend to get wound up by things like this:D), this is the job title I was given for 5 of the ones I had correspondence from (even though I specified 6, and I don't actually remember getting anything from Brian Jackson so hadn't asked for him to be included:rolleyes:). I'm sure every one on here has had them too...

 

Dee Dillistone - Director of Customer Assistance operations covering all customer interaction areas.

 

Brian Jackson - Director of Risk and Recovery operations.

 

Matthew McGrath - Head of the 'inbound calling' department within Customer Assistance

 

Paul Campbell - Head of 'outbound calling' where accounts are heavily in arrears.

 

Sally Moran - Head of debt management within Customer Assistance.

 

If anyone has every had a categoric answer to the same question, please let me know and I'll add the name on.

[WelshMam2009]

Nope Lex...only that Jennifer Matthews is Head of Recovery & Risk Operations as her name appears on the DN's!!

 

Guess she reports to Brian Jackson...