Me, Myself & MBNA - Help required

[Gertrude-Loves_Credit]

A Bit of Background

 

I have a debt of approximately £1,500 with them. I went through the cccs to help me with a debt management plan, and so therefore began paying all my creditors an amount every month. This was Sept 07

 

And then...

 

In March or thereabouts they contacted me and basically said that they hadnt accepted the offer from CCCS and can I increase my payments by £9.50 via standing order. I did this and thought fine its all done and dusted.

 

Which resulted in

 

A company called Debt Clear Recoveries & Investigations contacting me in June to say that my account had been passed to them as I was not making the required payments ? I explained over and over again that MBNA had contacted me earlier in the year to confirm what I had to do. No one wants to listen, and I'm being pressured into borrowing money from relatives - oh and the golden figure of £26 a month which they have magically assumed I can afford!! Total Joke!

 

I am not stupid, I could feel the aggression in his voice as he dictated what I had to do in order to sort this. Oh yeah I forgot to mention that I have reported the whole matter to the FOS indicating that MBNA had not dealt with me fairly yadda, yadda, yadda and I am currently awaiting a response back from them - he hated everytime I mentioned that He kept saying that they were seperate from MBNA - but then said that MBNA still owned the account - TWIT

 

In the end I put the phone down on him, as he would not listen to me and as far as I am concerned I dont have to deal with them. Then I did a GOOGLE search and ended up here

 

So far I have spoken to an Ian Anderson and a Mrs Habibi - both of them display the same qualities, forceful bullies.

 

As I refuse to deal with them, (despite them making me over generous offers to repay as I forgot my ability to conjure up wads of money ) - where do I stand?

 

Your input would be appreciated, thanks

[PGH7447]

Hi, what you need to do is send these jokers a CCA request, this costs £1 and send it recorded, do not sign anything, do not talk to these cretins on the phone ever again.

 

they then have 12+2 days to respond after that time they have not sent a legible valid agreement the debt is in default and you do not have to pay them anything.

 

alternatively if you are in a DMP with the CCCS then send them the details of your battle with these idiots

[Gertrude-Loves_Credit]

Thanks for your assistance - I love that word cretin!

 

Can I do both as in contacting CCCS and also request the CCA?

 

My account was originally with Sonycard until MBNA took it over.

[PGH7447]

yep you can do what you like, there are no hard and fast rules, although the CCCS do not tend to like getting involved if you cca someone then cancel the payment to them through CCCS. but why pay when they are not allowed to collect and are giving you a hard time

[Gertrude-Loves_Credit]

I get ya!!

 

Thanks again, off to ring CCCS now x

[AA99]

Hi Gertrude

 

Am new on here myself and have just returned from the post office after having sent off, recorded delivery, 3 CCA requests and a postal order for £3, to MBNA. We have been through to hell and back with the MBNA and I was delighted to have found this wonderful forum myself! You should find the advice and encouragement in my own thread AA99 v MBNA and fellow-sufferer Lexis200 v MBNA thread of use to you.

 

Good Luck

[dpick]

Hi Gertrude I am another who has been battling MBNA I have defeated them have a look at my thread below good luck

 

http://www.consumeractiongroup.co.uk/forum/mbna/69982-dpick-mbna-capital-one.html

 

dpick

[Gertrude-Loves_Credit]

Thanks guys.

 

Looks like I have a few threads to follow :grin:

 

No doubt I will be back with questions.

[Gertrude-Loves_Credit]

So I have a letter demanding payment, and also informing of proposed court proceedings.

 

Am gonna forward to CCCS tomorrow, is there anything else I should do?

[PGH7447]

did you send a cca?

[Gertrude-Loves_Credit]

No not yet.

 

To be honest I dont really understand the whole process - is there anyone that can describe it to be short, sharp & sweetly. Thanks.

[PGH7447]

you send them a cca request with a £1 postal order by recorded delivery, do not sign the request, they then have 12+2 days admin time to respond with a valid agreement, after 12+2 days if they do not respond the debt is in default and they cant request payment or start any proceedings

 

and that is it

[AA99]

you send them a cca request with a £1 postal order by recorded delivery, do not sign the request, they then have 12+2 days admin time to respond with a valid agreement, after 12+2 days if they do not respond the debt is in default and they cant request payment or start any proceedings

 

and that is it

 

I think this is the one................. you do it first, and foremost, with every creditor............apparently from what I've leaned in here, have a look at my site, in exact same boat as you.... AA99 v MBNA

Edited September 30, 2008 by AA99
personal details accidentally left in - whoops

[decker]

Hi All

Would like some advice and give encouragement - To Quote *Dont let the B** get you down. Neil you know who you are (cretin)!!!

This person is named already on the forum and lies / bullies people into payments they cannot afford. -DON'T

____________________________________________________________

I currently have a DMP with CCCS and of the five creditors these are the only ones causing trouble with continued letters threatening your credit file and employment. Their representative makes it very clear that CCCS work for them and not to believe anything that CCCS tell you. -RUBBISH

______________________________________________________________

 

There aim is to get a charging order on your house. But they can only do this if you dont keep up payments on a CCJ. They are trying to take me to court at the moment. Never been to court before could be a new experience but I am not going to let such a load of B* win.

______________________________________________________________

 

I wonder if anybody has fought a CCJ from MBNA and would give me the opportunity to have a settlement fee reduced from 7K compound interest over many years against the amount in a letter they would accept as 2.5K

 

Thanks in advance

[Gertrude-Loves_Credit]

you send them a cca request with a £1 postal order by recorded delivery, do not sign the request, they then have 12+2 days admin time to respond with a valid agreement, after 12+2 days if they do not respond the debt is in default and they cant request payment or start any proceedings

 

and that is it

 

Is it MBNA or Debt Clear Im sending it to?

[SteveH2508]

Is it MBNA or Debt Clear Im sending it to?

 

Debt Clear claim to administer the account so send it to them. If they are acting as agents for MBNA (which I think they usually are) they are obliged to pass the request on to MBNA (which all takes time and creates extra hassle for them) .

[Gertrude-Loves_Credit]

Thanks for the heads up guys. Much appreciated.

[Gertrude-Loves_Credit]

Ok just done my CCA request using AA99's template.

 

Working from tomorrow's date they have until 21st October-ish to reply to me. All agree?

[PGH7447]

about right

[decker]

Please keep an eye out for the number 10 e petition I put up asking for the removal of MBNAs credit license and I have complained to my MP and the financial ombudsmen.

[AA99]

Please keep an eye out for the number 10 e petition I put up asking for the removal of MBNAs credit license and I have complained to my MP and the financial ombudsmen.

 

Please pass on the link, maybe even post it in the main forum !!!!!!!!!!

[Gertrude-Loves_Credit]

Please keep an eye out for the number 10 e petition I put up asking for the removal of MBNAs credit license and I have complained to my MP and the financial ombudsmen.

 

Will be watching

[AA99]

Ok just done my CCA request using AA99's template.

 

Working from tomorrow's date they have until 21st October-ish to reply to me. All agree?

 

12 + 2 working days = Monday, 20th October ?! :-? Good Luck, mine is Monday, 13th Oct

[Gertrude-Loves_Credit]

Ok - will make a mental note of that.

 

Somehow I'm not optimistic

 

Am keeping an eye on Royal Mail so I can get the proof of delivery.

 

Quite interesting as they have said its been delivered from their Chester office, when my letter was clearly addressed to a place in Manchester.....hmmm (said Nanny McFee style!)

[Manthpa]

Decker,

 

MBNA work very closely with the CCCS and Payplan as they don't charge their customers. But they aren't able to accept as low payments as other companies are.

 

If people are in debt with MBNA and can't pay the normal payments they look at debt management programs. The least they can accept monthly is 0.8% of your balance, which will pay it down over 10 years. If you can't do that then they will freeze the interest and fees, but the account will default after 7 missed payments

 

MBNA will only look at legal action if they believe you have the money to pay, but are unwilling to do so.