MBNA - Warning Letter

[Watchout]

I have requested a reduced payment plan with MBNA. I have been sending payments even though I have not had confirmation from MBNA that they will accept my proposal. They have had I&E etc. I have requested my CCA from MBNA and have not received anything yet.

 

However I have received a WARNING letter from them today. If I do not contact them within 7 days of date of letter (received 5 days after letter dated, so have 2 days!!) they MAY authorise collection agents to visit my home in order to interview me regarding repayments to my credit card account. They may also go for CCJ, Register a default.

 

Do I just send them the following

 

Thank you for your letters of xx November 2008.

Should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or anyone representing you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

You should also be aware that I have requested information from MBNA which will put these accounts formally in dispute, thereby limiting any action you may take, and contact you may make with me, concerning this account in accordance with the OFT Guidelines on Debt Collection.

[maroondevo52]

Hi, Watchout.

 

Sending that letter sounds about right, also if they have gone past their 12 days deadline for the CCA request.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* They may not demand any payment on the account, nor are you obliged to

offer any payment to them.

* They may not add further interest or any charges to the account.

* They may not pass the account to a third party.

* They may not register any information in respect of the account with any credit reference agency.

* They may not issue a default notice related to the account.

 

Regards.

 

Scott.

[Fred Bassett]

Here we go again with the MBNA merrygoround. Straight in with both feet - no questions asked, no attempt to come to a mutual agreement, no compassion and no regard for your problems. Contrast that with your attempt to do the honourable and correct thing.

 

A virtual pint says it will also end with no enforceable CCA and no money for MBNA (the man's a poet and dosn't know it). They just never learn.

 

Good luck and remember the golden rule: NEVER speak to them.

 

Regards.

 

Fred

[Watchout]

Another letter from MBNA today. DONT WASTE THIS OPPORTUNITY

'Serious arrears on your credit card account - Do not ignore'

 

If I dont contact them soon they are to assume I am not interested in being helped and they MAY pass on to solicitor so they can get CCJ.

 

MBNA are over the time allowed for sending me my CCA request.

 

I sent them the doorstep letter and account dispute as in earlier link. What now? If anything......

[angel_1]

hiya

 

im so sorry but this is what mbna are about, im in dire with them too, but am fighting back

 

out of interest have you paid a few amounts already? and so they have crediting your account with those payments okay?

 

are they still adding interest and charges, and if your amount is much much lower to what they want but falls within the pro rata amount you have available to pay all your creditors with your available money for all creditors,

 

i think they are playing for time here, it looks to me since only 6 months ago for me they have upped the ante in their threats

 

have you sent your letters recorded or signed for, can you get evidence they have been rec okay?

 

so your last letter was also coverying the dispute that you are still awaiting on your cca, Have you Sar 's them, ie subject access request - this is a request for all your personal info they hold on you and your accounts you need to pay 10.00 via postal order is best, but then they have 40 days to comply, they would need to enclose all info held - you may get the cca that way, but i would specifically request that too it may be in the standard letter on this forum, ive used another one from a fellow cagger on my requests which makes it very clear for cca to be also sent.

 

will subscribe and see how you get on, good luck but dont worry other help will come along soon from more experienced caggers

 

ciao for now MAZ

[underdog13]

Hi Watchout,

we're in the same boat with this bunch of clowns. I sent off my CCA requests to MBNA 2 months ago, received nothing but threats, sent the 'account in dispute' letter and telephoned them to tell them account in dispute (boy, did that put their noses out of joint)' was told it would be passed to a manager and they would contact me - heard nothing since except for varying threats.

 

Like you, I am now wondering how to procede?

[Watchout]

hiya

 

im so sorry but this is what mbna are about, im in dire with them too, but am fighting back

 

out of interest have you paid a few amounts already? YES and so they have crediting your account with those payments okay? YES

 

are they still adding interest and charges,YES and if your amount is much much lower to what they want but falls within the pro rata amount you have available to pay all your creditors with your available money for all creditors, YES

 

i think they are playing for time here, it looks to me since only 6 months ago for me they have upped the ante in their threats

 

have you sent your letters recorded or signed for, can you get evidence they have been rec okay?YES

 

so your last letter was also coverying the dispute that you are still awaiting on your cca, Have you S.A.R (NOT YET)- (Subject Access Request) 's them, ie subject access request - this is a request for all your personal info they hold on you and your accounts you need to pay 10.00 via postal order is best, but then they have 40 days to comply, they would need to enclose all info held - you may get the cca that way, but i would specifically request that too it may be in the standard letter on this forum, ive used another one from a fellow cagger on my requests which makes it very clear for cca to be also sent.

 

will subscribe and see how you get on, good luck but dont worry other help will come along soon from more experienced caggers

 

ciao for now MAZ

 

Thanks maz1964 and underdog13, we are definately all in this together.

I still have the question though, What is my next step?

[hellhasnofury]

Thanks maz1964 and underdog13, we are definately all in this together.

 

I still have the question though, What is my next step?

 

Hello Watchout,

 

Saw your post on my thread and thought I would come for a noisy to see if I can assist you in any way.:grin:

 

Now the first thing that you must remember with mbna is that they will not assist, be helpful, understanding of your circumstances whatsoever:rolleyes: in any way shape or form. But I am sure that you have gathered that by reading around the threads.

 

They have pressed the big default button on your account and will carry on with this regardless of any legislation written that they have complied with or not. And their total arrogance is their downfall, because they presumme that you are ignorant of your legal rights (Many are) and you will allow them to roadrail over you.

 

I gather now that they are is breach of your ca request, so you must report them to the Office of Fair Trading immediately .

 

The account is in legal dispute and you now have options regarding payments to them, this is your choice at the end of the day. But be mindful that even if you are making reduced payments they will still proceed along these lines.

 

The process they will follow now is the harassment calls, they normally start from the Indian call centre. and they will ask security questions before they ask you for money. Don't give them any. Tell them to put it in writing and listen to them squirm:-D

 

Then the real scary ones come and they mainly have Irish accents, Don't always start with the dpa requirements and play mind games. Don't even speak to them. Hang up

 

Keep a call log of all phone calls from them, date, time and try and catch the name of the person. If you can record the telephone conversations all the better:-D

 

Normally after this they will sell the debt on, even though the account is in legal dispute and then the dca comes after you:eek:, but by the time they come on the scene, you will be well equipped to handle them.

 

It all sounds really scary, but you will gather much confidence along the way.

 

Remember you have legal rights and this is the weapon that you use:-D

 

What do you do next????

 

How long is it since they have been in breach of your ca request?????

 

Is there penaly charges on the account??????

 

Have you sent a SAR??????

[underdog13]

Does the above apply to homeowners, as well? Or are they more likely to drag you into court if you own property?

[underdog13]

Here's a brilliant little speech (originally posted on another thread by Viscount Stair) to deliver to all those harassing you on the telephone;

 

"You personally - as well as your employers - are committing a criminal offence against section 127 of the Communications Act 2003. The maximum penalty for making calls like these are a £5,000 fine, six months in prison or both. You personally are committing the offence and liable to these penalties, not just your employers."

 

:D:D

[angel_1]

hiya all

 

just come on to get updates,,,,yes underdog i love that from viscount stair, got it next to my phone lol

 

back to being serious - like hellhasnofury has given in post 8 - this is basically what has happened to me, they have dismissed me now wont correspond no longer told me to go to fos,

 

but no calls neither only one the other week, which i will complain about in my fos complaint,

 

im waiting either on court action or another dca or a default notice

 

hmmme, lets see

 

but if nothing else you do , keep all letters and envelopes and i mark my letters with the date received, and everything you send as well all in a folder so you have the paper trail at hand

 

keep happy ciao for now MAZ

[underdog13]

Yep, keeping that same paper trail - folder bulging already! Did you ever receive a response to your CCA request, Maz?

[Watchout]

Hi hellhasnofury

 

Thanks for looking at my thread and helping me.

 

You say that I should write to office of fair trading - do you have a template I can use?

 

Breach of CA is very recent.

 

Penalty charges. There were not many but since on reduced payments (few months) there are plenty now?

 

I have not requested SARN yet.

 

One thing that I am very wary of is that employees of MBNA also look at our threads and by deduction can establish who is who by the letters we use and post for checking before we send etc. This is why I am not being specific with dates. This may be my paranoid mind working o/t. Do you think that there are hundreds or thousands of accounts with MBNA that are going through what we are with them?

 

I just let the phone ring at present, will start the fight back and answer:lol:

[fedup74]

Hi everyone I am a bit ahead of you in my dealings with MBNA. They sent a small slip headed "Please send me an MBNA credit card" no prescribed terms etc. I pointed this out to them, they said this is all they are required to send!!! Their arrogance and threats are amazing. They will prob send you a letter to say they are trying to help and can offer a significant reduction (mine was £5k off balance) but as we all know we struggle to eat and keep warm and don't have £2k lying about. After this comes more phone calls telling you they will sell the debt- which they will -even though account is in dispute and that is their final correspondence to you. Mine was sold to a DCA and I sent the bemused letter and am waiting to hear from this DCA. I think the next correspondence will be a court letter, which I am expecting. I reported MBNA to FOS and I am waiting to hear what happens next. Prob find out in 12 months time!! At least I have cost them money for a change!!! Good luck to everybody:)

[Watchout]

Anybody got a template or example letter to send to Office of Fair Trading as recommended by hellhasnofury?

[fedup74]

Your address

Date

 

 

 

Dear Sir/Madam

 

 

Consumer Protection from Unfair Trading Regulations 2008 (CPUT)

 

Formal complaint against [Name of Debt Collection Agency here]

 

 

I am writing to complain under the above CPUT regulations. I am receiving letters and telephone calls from [DCA] in respect a purported debt which I understand is governed by the Consumer Credit Act 1974.

 

In accordance with the Consumer Credit Act I asked [the DCA] to supply me with a true copy of the Consumer Credit agreement. [They have failed to do so/ supplied me with a document which clearly fails to satsify the Consumer Credit Act.] I enclose a copy of that document with this letter.

Although I have pointed this out to [DCA] they have failed to acknowledge this and continue to contact me and to harrass me with threats of action.

 

Clearly they are entitled to bring a legal action if they so wish. However, they have not done so and appear instead to be relying upon a campaign of systematic contact with accompanied by threats.

 

I consider that [DCA] are operating an unfair commercial practice and it is for this reason that I am sending you this complaint.

 

 

I enclose examples of the letters which they have been sending to me. I also enclose a log and verbatim notes of phone calls I have received.

I would be grateful if you would acknowledge this letter and let me know what procedures you now intend to follow and what your targets for action are.

 

 

Yours faithfully

 

 

 

sign the letter

 

 

 

Will this do (courtesy off BankFodder- thanks) Just edit to suit. Hope it helps:)

 

 

 

 

 

 

 

[Watchout]

Hi fedup

 

How do I get your letter from your post to my PC so I can edit?

Sorry not as good on computing as I thought!

[fedup74]

Hi Watchout:) Open up wordpad, then minimize it to your toolbar. R click on the start of the letter. Keeping your Rclick button pressed in, drag it down to the bottom of the letter. This should make the whole text blue. Once it's gone blue, take your finger off then press Rclick again on the blue text and drag it into your toolbar where your wordpad is. This should then be in your worpad for you to edit as necessary. I am cr*ap with computers but I can do this, so you should be able to if I can!! Good luck:)

[Watchout]

Aaaaaaaaahhhhhhhhh Fedup I am Fedup!!!!!!

 

No doubt great instructions but I think I am being a complete f*^k wit.

Wordpad minimised:)

Rightclick on letter.......nothing happens:(

 

I can only highlight the letter when I QUOTE your post that has the letter. I highlight it but seem unable to drag it anywhere.

 

I am so glad this is annonymous or I would be named and shamed as tech failure!!

[fedup74]

R click on letter and keep mouse pressed down. Move your mouse down to bottom of the letter, let go of mouse. R click on blue text and drag it down to wordpad. You should get a symbol of a circle with a line in. You have made me laugh with your post, I am the worlds thickest when it comes to computers don't worry:)

[fedup74]

Oh poo watchout, sorry you should LEFT CLICK:D Keep pressed down till it's ble. Take finger off mouse. LEFT CLICK on blue text then drag down. I am SOO sorry for me being a fu**wit!!!

[Watchout]

No longer fedup fedup:p:p:p:p

I needed to use left click on my mouse.

Thanks for your help. Until 30 mins ago did not have a clue what a wordpad was. Hey Ho.

[fedup74]

I wouldn't worry about not knowing about wordpad- I don't even know my left from my right doh sorry about that. I am such a dimwit!!

[Watchout]

I have received from MBNA what they describe as copy of credit card agreement including applicable terms and conditions.

 

What I have is a copy of my appliactaion form from 1996 and Terms and Conditions of Use. Its of a poor quality and there is no sign of credit limit or the date they signed it etc. I would like to upload it. Do I use PHOTOBUCKET? What is PHOTOBUCKET?

[fedup74]

Hi Watchout do you trust me to help:D:D Bookie has done a great guide "How do I ... a dummies guide to this forum" This has info on scanning docs and photobucket, I'm sorry I can't insert links (does that surprise you?) Huggy41 has also done a great tutorial. Perhaps someone who knows how to insert links can do this for you? Photobucket is free to sign up to. If you sign up, you may be able to figure out how to do it. Computers baffle me (as you found out!!)