Re: Distressing phone call from MBNA

[Gazza112]

Hi

 

Yes, i had a nice call from them the other night 8.50pm, very abrupt person on the other end of the line. I think i upset her, as she said my £1 Token payment was not anough and could i up the payment.

I said i could and offered her £1.01. With that she put the phone down, and would phone back.

 

Gaz

[sunflower99]

Hi Fred! Good on you! i have been tempted to say f----- off! but i must admit stiil a little nervous when i get the calls from them but im getting better and bolder as each day goes! LOL I used to be frightend of just picking up the receiver if i suspected it was a dca!but the turning point came after i started joining this wonderful forum and reading all your posts about dealing with them! particulary cheekiness to DCAs thread !Thats given me quite a few laughs and helped to get me through grim times! i also loved MR fuzzybobble recording on your tube of trying to pay a DCA with a christmas card and my husband also laughed his head off at that one!as he was listening to it when i played it loud on pc! LOLThis forum has really helped my hubby and me to cope with the phone calls! so although i cant quite reach the heights of being as cheeky as you mr ton and mr fuzzybobbble etc yet i am certainly feeling more able to stand up to telephone harrrasement and think to myself Hi this is my telephone i dont have to talk to anyone i dont want to on it!and realise when a DCA is behaving illegally! I have not yet got the pleasure of receiving any pink threatograms yet! i have heard something about someone getting a pic of a pink pig!

Edited October 2, 2008 by sunflower99

[sunflower99]

Hi Bathgiver!Yes MBNA have set both Global Vantage and RMA on me so far as well as their own DCAs i think but as i ignore phone and dont speak to them often i dont know which is which always but RMA were the ones who rang me ten times at work one day.I also got another call from MBNA at work today probably the same charming lady i had yesterday who said she was going to threaten me with daily phonecalls! whch show they are going to completly ignore that telephone harresement letter i sent them by recored delivery at weekend so should have got it by now,So the phone calls i log in notebook from now on will be definitly illegal if they from MBNA or RMA or any others working under them as they should have received letter by now!

Edited October 2, 2008 by sunflower99

[Fred Bassett]

Hi Bathgiver!Yes MBNA have set both Global Vantage and RMA on me so far as well as their own DCAs i think but as i ignore phone and dont speak to them often i dont know which is which always but RMA were the ones who rang me ten times at work one day.I also got another call from MBNA at work today probably the same charming lady i had yesterday who said she was going to threaten me with daily phonecalls! whch show they are going to completly ignore that telephone harresement letter i sent them by recored delivery at weekend so should have got it by now,So the phone calls i log in notebook from now on will be definitly illegal if they from MBNA or RMA or any others working under them as they should have received letter by now!

 

Keep it up Sunflower. To be honest, I'm not usually that blunt or rude on the 'phone - I always have the thought in my mind that one day this might go to court. However, if MBNA ring and don't go through the security procedures then you can bet your bottom dollar that they won't keep a recording of the call unless it suits their purposes, i.e. you agree to the debt or something, because it would be plain to all that they had broken the law. In this instance I feel that I have a bit of a licence to be as abusive as I feel like!

 

Regards.

 

Fred

[sunflower99]

Hi Gazza! I loved it! You offfering £1.01 Well she should have been happy! LOL you were offering her an increase! !Wonder if you had the same lady i had from MBNA! She was very abrupt as well!i think she had an irish accent but not completly sure! but a change from an overses call center!I suppose these people are on commission and if they can squeese some extra money out of someone they get some commision! They certainly will not get much coperation if they treat poeple like that!I must try your idea if the same thing happens to me on any cards i may have payment plans with in future!

[Gazza112]

Hi Sunflower99

 

Well it worked they certainly squeezed some more money out of me 1p.

 

Gaz

[angel_1]

hiy sunflower and all

 

hope you are okay , just trying to update myself on everyone elses threads,

 

anyway give us all a shout when you can laters ciao maz

[sunflower99]

Hi Car johnveevoy Maz and other people interested in and helping me with this thread,I just wanted to ask some more advice!Last week i sent a small token payment to MBNA though i have not contacted then about any payment plan yet as not sure about the strange CCA they sent me,I hope this was not a mistake though as i received another threatogram from them after that though before they had not been sending me much lately.Now they have started hassling me again i feel ive got nothing to loose by sending cars letter to them calling their bluff within next few days,But now i am a bit worried as still very new to this and i am afraid not very confident or knowledgeable have i made a mistake making a small token payment to MBNA after receiving their strange CCA?should i have waited to see their respnse to cars letter and also i hope even though i sent MBNA a very small token payment that i can still dispute the enforcebilty of CCA both now and if it goes to court?By sending them a small token payment i am not acknowleding that their agreement is enforceable am i? and i can still dispute the CCA?My intentention from begginning was not to completly evade sending MBNA any money at all as i did use their card but only using the CCA argument for self preservation so i am more in the driving seat so to speak and that they will not be able to bully me into making payments i can not afford .They were probably going to send latest threatogram anyway whether i paid them anything or not but would be grateful for some reassurance that i have not put MBNA in a stronger position by sending them a small token reppayment,I still have not come to any formal arrangements with my crediters through citizens advice or any debt management people as i was trying to find out more about the enforceability of some of my cards accounts before going down that route and seeing if i could come to any agreements myself for moment as i am worried that citizens advice might advise me to pay credit card companies even less than what i am paying them now.

Edited October 11, 2008 by sunflower99

[sunflower99]

Last week i sent a small token payment to MBNA though i have not contacted then about any payment plan yet as not sure about the strange CCA they sent me, as it was very bitty and not all the ts and cs on same signed page so it could have been fudged up but not sure unless a situation arises where MBNA have to show the original CCA!I hope this was not a mistake though as i received another threatogram from them after that though before they had not been sending me much lately.Now they have started hassling me again i am thinking about writing a letter calling their bluff within next few days,But now i am a bit worried as still very new to this and i am afraid not very confident or knowledgeable have i made a mistake making a small token payment to MBNA after receiving their strange CCA?should i have waited to see their response to a letter that i am hopeing to send challegening that CCA?and also i hope even though i sent MBNA a very small token payment that i can still dispute the enforcebilty of CCA both now and if it goes to court?By sending them a small token payment i am not acknowleding that their agreement is enforceable am i? and i can still dispute the CCA?My intention from begginning was not to completly evade sending MBNA any money at all as i did use their card but only using the CCA argument for self preservation so i am more in the driving seat so to speak and that they will not be able to bully me into making payments i can not afford .They were probably going to send latest threatogram anyway whether i paid them anything or not but would be grateful for some reassurance that i have not put MBNA in a stronger position by sending them a small token repayment,I still have not come to any formal arrangements with my crediters through citizens advice or any debt management people as i was trying to find out more about the enforceability of some of my cards accounts before going down that route and seeing if i could come to any agreements myself for moment as i am worried that citizens advice might advise me to pay credit card companies even less than what i am paying them now.

Edited October 11, 2008 by sunflower99

[car2403]

By continuing to make token payments, you're showing them (and any Judge, should you get that far) that you aren't avoiding the debt - I think this is totally reasonable, albeit I would tell them to swivel and refuse to pay because they can't enforce the debt. Each to their own, but basically, you can't do anything wrong at this stage - paying them is good, not paying them is acceptable.

 

Chill out...

 

[sunflower99]

Hi car! Thanks for reassurance! i am a bit of a worrier i am afraid!Before i saw your answer i just posted up a new thread about this query!As i wondered if i should have started new thread about this.still no harm in having a new thread! LOL Got to dash now as i am supposed to be taking our dog to vet for his annual injections!Thanks again for all your advice Car.You have been brilliant!

[decker]

Hi car! Thanks for reassurance! i am a bit of a worrier i am afraid!Before i saw your answer i just posted up a new thread about this query!As i wondered if i should have started new thread about this.still no harm in having a new thread! LOL Got to dash now as i am supposed to be taking our dog to vet for his annual injections!Thanks again for all your advice Car.You have been brilliant!

 

Dont Worry!!

Just pay them what you can afford. You have set out a realistic budget and what you have left is what you can afford to pay - MBNA have to accept that ultimately. So they take you to court - the court will tell you what to pay taking into account your budget. MBNA may get a CCJ for you, will bully you to get more money out of you that you can afford. Rent, Council Tax etc. if you dont pay them you are homless and in prision. YOU are NOT a criminal for not paying MBNA the minimum payment each month. They are a business that is unethical and you are now a victim. Just be strong and remember they cannot send you to prison, and they whatever their bluster have to accept what you can afford. If they are unwilling to accept your proposal they may go to court and get a CCJ - SO WHAT the court will look at your case and agree a realistic monthly repayment. Just think of all the money they have charged previously. You have probably paid back more than you borrowed over the years.

Remember: They cannot reposses your house or send balliffs because you are attempting to pay. Pay only what you can afford. It may help to see a doctor and ask the doctor to send them a letter asking for the harrassement to stop. But the CAB, CCCS or Payplan are the people with the expertise to help you on an individual basis - Listen, take their advice and relax.

[car2403]

You should stick to one thread per issue - otherwise it gets confusing. It also means you get all the advice you need in one place and those helping you don't get confused as to where you are. I hate to say it, but it also stops you getting the wrong or flawed advice, in that more people will be able to see the whole case from scratch, making it easier to keep you on track.

 

 

Site admin: can you delete/merge that other thread, please?

[sunflower99]

Hi Car Decker and every one interested this thread! Thanks again for everything and your advice!As you say i expect i have already paid MBNA a huge amount of the debt already through their horrific interest charges!as it is only until recently that i have got into arrears with them and up to then struggled to keep up monthly repayments to them for years! and in the process getting in further debt with them ,i was even getting to the stage where i was having to withdraw cash on my credit cards to live on as all my money had gone on debts ,So thanks again for your advice and giving me some hope that is a chance of getting through this fiancial mess.I took our dog for his injections alright but thought id better not attempt to pay with my MBNA or Capital one credit card! LOL some how i dont think i will be on MBNAs christmas card list this year! Other years they have sent me a nice christmas card telling me what a valued and special customer i am!and inside card telling me i can borrow some more money of them to get into more debt with them !

[Gazza112]

Hi Sunflower99

 

Hope your well, Its looks like you must of really upset MBNA for them to send you nasty letter asking for Money Tut Tut what are they playing at.

You want to think yourself lucky you received mail from them, I've not even received my monthly statement of them . So i can't pay my £1 token payment . So Sunflower don't worry about the threats or the letters that come through just keep paying your Token payment.

 

Gaz

[spamheed]

Last week i sent a small token payment to MBNA though i have not contacted then about any payment plan yet as not sure about the strange CCA they sent me, as it was very bitty and not all the ts and cs on same signed page so it could have been fudged up but not sure unless a situation arises where MBNA have to show the original CCA! You need to scan the CCA, remove or obscure all of your personal details and then post it on here to gain an opinion as to its validity

 

I hope this was not a mistake though as i received another threatogram from them after that though before they had not been sending me much lately. If you start to correspond with them unnecesarily, they will effectively become more interested in you and start to bombard you with rubbish

 

Now they have started hassling me again i am thinking about writing a letter calling their bluff within next few days,But now i am a bit worried as still very new to this and i am afraid not very confident or knowledgeable have i made a mistake making a small token payment to MBNA after receiving their strange CCA? Yes, it is a mistake, but nothing major,

 

should i have waited to see their response to a letter that i am hopeing to send challegening that CCA? See previous point, you should have contested the CCA straight away rather than making a payment - again not a big issue

 

and also i hope even though i sent MBNA a very small token payment that i can still dispute the enforcebilty of CCA both now and if it goes to court? Yes, although they will state that by making the payment you are acknowledging the debt to them

 

By sending them a small token payment i am not acknowleding that their agreement is enforceable am i? By making a payment, you are acknowledging the debt, not the validity of the agreement, you have effectively restarted the 6 year statute barred clock

 

and i can still dispute the CCA? Yes

 

My intention from begginning was not to completly evade sending MBNA any money at all as i did use their card but only using the CCA argument for self preservation so i am more in the driving seat so to speak and that they will not be able to bully me into making payments i can not afford .There is nothing wrong with this as long as there is a reason to dispute the CCA

 

They were probably going to send latest threatogram anyway whether i paid them anything or not but would be grateful for some reassurance that i have not put MBNA in a stronger position by sending them a small token repayment, Plenty of people panic and make mistakes, this is not illegal, it is human nature to err, a defence to their claim that you accept liability because you paid something would be that you panicked and made a mistake

 

I still have not come to any formal arrangements with my crediters through citizens advice or any debt management people as i was trying to find out more about the enforceability of some of my cards accounts before going down that route and seeing if i could come to any agreements myself for moment as i am worried that citizens advice might advise me to pay credit card companies even less than what i am paying them now - If you are in hardship, You should only pay what you can reasonably afford to pay - nothing more, only you can decide how much that may be, certainly not a credit Card or loan company, and even less so a DCA who has probably bought your debt for pennies .

 

 

Hope this helps

 

If you feel that this has been helpful, please feel free to tip the scales

Edited October 11, 2008 by spamheed
missed a bit

[berrylover]

Don't worry about it. Can you scan up the CCA that they sent you, and then we can work out whether it is enforcable or not. You are still in the driving seat. These threat-o-grams are automated, sent out automatically.

 

Once you know whether the CCA is valid then you can decide what to do from there.

[angel_1]

hiya sunflower

 

keep on doing what is best for you, and keep happy will be here later ciao maz

[sunflower99]

Hi Gazza!Thats bad that they dont even send monthly statement to you showing whats going on and going off your account,I am afraid i am a bit of a worrier! LOL and not quite used to all the threats they make in these menacing letters they send and as i never talk to them on phone apart from a curt refusal to give security details and tell them i dont do telephone communications ive never got to stage where i listen to any threats on the phone as i slam it down before it gets to that stage!But i am so grateful for all the excellant advice i get on here! I though you had increased your token payment to MBNA from £1 to £1.01 LOL MBNA will be very upset with you if you dont pay them that extra penny!I will never forget a time before when i got into trouble with MBNA once before i had this serious arrears problem with them,Again they were ringing all day at home and even rang my work place at 8.00am before i got there! My superviser told me that MBNA had been trying to contact me! At that time i was really puzzled!as i thought i had made the correct minimum repayment to my account!so i did ring them to find out what the great problem was and was astounded that this ver:)y important matter that they were so anxious to contact me about was that i had underpayed them by i think about 40 pence!I did not do that intentionally ! but could not beleive it! LOL all those phonecalls over 40 pence! It probably cost them more than that in phone calls!so they probably will want your extra penny!

[sunflower99]

Hi Maz nice to hear from you! Hope everything goes well with your battle with MBNA!I sent a cca request to capital one!so i will be having another nice little struggle with phot0 bucket when they send me it!

[ukaviator]

Hi Sunflower

 

I have merged all of your MBNA threads to keep things in one place..

[The GodMother]

You need to inform OFCOM about these call and start a claim for hassassement.

[sunflower99]

Don't worry about it. Can you scan up the CCA that they sent you, and then we can work out whether it is enforcable or not. You are still in the driving seat. These threat-o-grams are automated, sent out automatically.

 

Once you know whether the CCA is valid then you can decide what to do from there.

Hi Berrry lover! As you subscribed to this thread before it was merged you might find this thread a bit confusing LOL Actually one of the site managers merged my Received CCA thread in with the thread After i have Received MBNA CCA and another thread about MBNA phone reharrasment as they thought it best i had all my MBNA problems on same thread so people viewing it know all the details so now if you click back to earlier messages you will now see the photo of my CCA which i originally scanned!However you did see this cca as you admired my mousemat! but there was a problem that no one seemed sure about it! it was a very bitty CCA where the terms and conditions were on different pages and different side to signed bit and the general opinion was that every one though it might have been fudged up to look like all the terms and agreements part of same CCA but obviously can not be proved unless MBNA are asked to show the original CCA in court!so i am in a bit of a strange position!Car says i should send a letter calling their bluff ,So i think id better do that now especially as MBNA started hassling me again!

[sunflower99]

Hi Spamheed Like i mentioned to Berrylover in post above as you probably subscribed to this thread before it was merged you might find this thread a bit confusing ! as now three threads about my problems with MBNA have merged and now i have thread about receiving my MBNA merged in as well and if you want to give me some input about my scanned MBNA CCA you will now see it when you click back to the earlier messages on this thread! Thanks again for all your advice and input about my MBNA problems!

[sunflower99]

You need to inform OFCOM about these call and start a claim for hassassement.

Hi Godmother thanks for advice. i have written down some of the telephone numbers that tried to conact me at home but will have to recheck tham as some of them may be other banks and as i have not often answered phone not sure what proportion are MBNA RMA.And at work my colleagues have not always remembered exact times of calls etc.I have told my work colleagues and boss that i will take some of those phone calls at work now so that i will have definite proof that they are MBNA or RMA!Then i will be able to tell ofcom more about them.Trouble is some of the phone calls could have been capital one or Barclays as they have been known to call me at work as well!But MBNA or their friendly DCAs at RMA usually announce who they are to everyone.Trouble is it is so annoying and now as a consequence i get my work colleagues judging me as well now.i was trying to explain how easy it is to get into trouble with credit cards and especially when i have a husband on incapacity benefit with a heart problem and as a consequence very strange worrying life .One person was a bit smug and said she was never tempted to borrow and get in so much debt on her credit card!Well bully for her! She has two fulltime incomes comeing in ,a job at my firm which is a lot better paid than mine and her husband healthy!i had all this on friday!because MBNA phoned ! so now i am being judged by my work mates as well as being pestered by MBNA.and i keep being nagged by work mates that i should write to the banks and talk to them on phone! Trouble is people who have never been in debt think all banks and Dcas are reasonable people and dont understand, if it was not the fact that it was the weekend comeing up and i could chill out for a couple of days i think i would have started screaming!