Mbna

[Worried6]

Thanks GG

Just picked this up - unfortunately the boss insisted I do some work!!

Thankyou for checking this out again for me. I read on another thread that some agreements which resembled mine have started to turn up so I got an impression that it was probably ok! I got a mental block right away about what best to do next.

I will have a think and come back with any queries.

 

Thanks again

P.

[davey77]

OFT Debt Collection Guidance:

 

2.12 Examples of unfair practices are:

 

a. not making the purpose of any proposed visit clear, for example, merely stating that collectors or field agents will call is not sufficient

 

d. entering a property uninvited

 

e. not leaving a property when asked to

 

f. visiting or threatening to visit debtors without prior agreement when the

debt is deadlocked or disputed

[Worried6]

Hi

 

I eventually constructed a letter which I hope responds and refutes their threats to visit my home, issue proceedings and issue a default on my credit file.

I added to this that I don't feel they have complied with my s78 request and so I requested a 'true copy of the signed agreement in its original form under CPR 31.16.

I expanded the letter into a full SAR and listed all of the items I expect to receive and sent the fee of £10.

This was delivered to them on 24th January so early days.

Does this sound ok?

I am reading so much I think I am getting in my own way now and don't really have the knowledge or confidence to make an informed decision. I may be putting myself into a corner with MBNA.

 

Look forward to hearing fom you.

 

P.

[guzzleguts]

Hi p

 

I dont think you can use CPR REQUESTS until they have entered into litigation, but SAR sounds good.

 

GG

[davey77]

Pre Action Protocols (CPR) are Pre Litigation to assess if any potential case has merits so official Court action doesn't have to be underway for you to request information prior to any future action you may take.

[davey77]

You are on the right track.. just sit back and wait for their response.

[guzzleguts]

Thanks DAVEY

 

I got that wrong my mistake, but do they ever comply with it anyway

 

GG

[davey77]

Thanks DAVEY

 

I got that wrong my mistake, but do they ever comply with it anyway

 

GG

 

31.16 to mint, HFC & Cabot.

 

Mint: No reply, deadline today

HFC: thank you for your s78 request?!

Cabot: no proceedings underway therefore not entitled under CPR. Treating letter as DPA request

 

grrrrrrr

[guzzleguts]

Knuckle scraping monkeys, springs to mind

[Worried6]

Thanks for the comments folks.

I am not too optimisitc about this at the moment but I will be patient and see what comes back.

I'll keep the thread updated

 

ATB

W6

[Worried6]

For the Record

 

I have received 2 calls to my mobile from a 'private number' in the last 2 days and a text from 'Money Alert', we can help you put your debts behind you sort of message from 01244 - 675894.

Sounds like MBNA to me so they are ignoring my last letter.

 

I am sitting tight for thre moment!

 

W6

[davey77]

01244675894 - who calls me?

[Worried6]

Thanks for that. I have noiw posted my comments also.

I'd not heard of that site before. Really useful.

W6

[Worried6]

Hi

 

I'd appreciate hearing from anyone who has got into this sort of standoff with MBNA (or anyone else) as the charges and interest being added in are now are massive. Is this something I can argue with?

To backtrack a little, MBNA responded to my CCA request with what I believe is a mockup document. In my latest letter I indicated that I do not believe they have complied with my request and have asked for a true copy of the original signed agreement under CPR31.16... I also made a Subject Access Request and sent the £10 fee.

Could anyone advise if it legal for them to continue to write to me or ring me and to continue adding charges/interest to the account as well.

Is there a template letter that I could use to help or must I use my brains!!!!

 

Thanks a lot

W6

[davey77]

Any chance you can post the agreement up again but bigger?

 

If there is any part of it that you cannot read easily and cannot tell what it says? If so, then the argument to use concerns illegibility of documents.

 

If what they sent you is illegible in any way then it means they have not complied with s78(1) and are therefore in default under s78(6).

 

If the agreement is illegible, they cannot insist it is properly executed and/or that contains the prescribed terms and so it is unenforceable.

 

They can pretty much do what they want in pursuing a debt and there is nobody to stop them apart from the debtor. All you can do is keep writing and demanding they stop interest and charges and also tell them that (if you are still receiving calls) you will begin invoicing them and will charge £10 for any harassment call to you.

 

When's the CPR letter deadline for them?

 

OFT Guidance might be useful to quote as well.

OFT Debt Collection Guidance:

 

Charging for debt collection

 

2.9 Charges should not be levied unfairly.

 

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

 

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

 

c. not giving an indication in credit agreements of the amount of any

charges payable on default

 

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

 

e. applying charges which are disproportionate to the main debt.

[Worried6]

Hi All

 

I cant seem to get the copy CCA document any bigger. How do you get the insert as a link to photobucket, that way you can zoom in on the page but what I've done is just inserted a copy on the message! Sorry haven't used this technique before now.

Since my last post I have had 2 letters and a postcard from MBNA.

Letter 1 - Threat of a default notice and the account being sold on.

Letter 2 - Offers me 3 options which will expire on 18th Feb, same sort of thing as before, pay oldest arrears amount, offer of interest free payment plan. The 3rd option is new to me:

'Call and discuss the possibility of settling your account with a payment of £2694.37. If accepted the account would register as a partial settlement, however we would not take any action to recover this amount'

The 4th option is 'Wait for a Collection Agent'.

They then threaten a default notice again.

 

Please help me as I am struggling with the pressure of this.

Is there a deadline for a CPR request, mine was delivered to MBNA on 26th January.

I need them to know that I still consider the account to be in dispute.

 

I notice in one of Daveys posts that he was able to get charges frozen on the account. Maybe I should ask for that again, they have ignored me before and the balance is rising rapidly.

 

What sort of letter would be best to send now?

Has anyone ever successfully agreed a repayment plan with MBNA?

I have years of charges and a PPI which I'd like to reclaim but surely I cannot do this if I claim the agreement unenforceable.

 

I apolgise for the length of this message. I am very alone with this now. My oh knows about the problems now but he refuses to discuss the way out, not because he doesn't want to help but he cannot take this pressure with his illness and he just clams up.

 

Please help.

W6

[maroondevo52]

Hi,

 

Here's a tutorial for 'photobucket'..........

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/165941-photobucket-video-tutorial.html

 

Regards.

 

Scott.

[davey77]

Hi All

 

Since my last post I have had 2 letters and a postcard from MBNA.

Letter 1 - Threat of a default notice and the account being sold on.

Letter 2 - Offers me 3 options which will expire on 18th Feb, same sort of thing as before, pay oldest arrears amount, offer of interest free payment plan. The 3rd option is new to me:

'Call and discuss the possibility of settling your account with a payment of £2694.37. If accepted the account would register as a partial settlement, however we would not take any action to recover this amount'

The 4th option is 'Wait for a Collection Agent'.

They then threaten a default notice again.

 

Standard tactics by MBNA. And although you may think they are directed at you personally just remember 1000s of people a month get exactly the same letters. You'll notice the wording 'may' 'if' we come to an arrangement. There is nothing legally binding in them and it is merely their attempts to worry you and to get you to call them so they can badger you into to some kind of payment. Don't take too much notice of anything that isn't very specifically written to you and your situation.

(I had confirmation a while back from the Vice President of MBNA that "the letters you have been receiving were not tailored to your personal circumstances but merely to keep you informed of the status of your account".) 'Informed' being their word for 'harassed'.

 

Please help me as I am struggling with the pressure of this.

Is there a deadline for a CPR request, mine was delivered to MBNA on 26th January.

I need them to know that I still consider the account to be in dispute.

The deadline remember is your deadline and you are in control of the timescale. I gave them 28 days so by that scale yours will be up 24 Feb.

 

I notice in one of Daveys posts that he was able to get charges frozen on the account. Maybe I should ask for that again, they have ignored me before and the balance is rising rapidly.

That was because of a complaint letter to the Vice President about 8 calls a day 7 days a week. He 'suppressed' interest and charges thereafter. So in my experience polite letters asking them to do so will not work. Only a consumer that is being tough and showing they are not going down without a fight will have a chance as MBNA don't want to look 'mean' should the matter look closer to getting to Court.

 

What sort of letter would be best to send now?

Has anyone ever successfully agreed a repayment plan with MBNA?

I have years of charges and a PPI which I'd like to reclaim but surely I cannot do this if I claim the agreement unenforceable.

My understanding is that should the agreement ever be declared unenforceable you can't then ask for all the PPI and charges afterwards. Or at the very least, it makes it difficult to do so.

So you should go after them for that while at the same time reminding them the account is in dispute and being 'difficult' with them generally.

 

I apolgise for the length of this message. I am very alone with this now. My oh knows about the problems now but he refuses to discuss the way out, not because he doesn't want to help but he cannot take this pressure with his illness and he just clams up.

Have you rung the national Debtline to get some advice or the CAB?

 

 

Please help.

W6

 

Did you say you did the SAR at the same time as the CPR? In which case if you don't get anything back by the S.A.R deadline of 40 days you can hot MBNA with a complaint to the ICO.

 

Hope you found the link for photobucket handy by maroondevo. Here's a pic of where to post the link you get once you have an image up on that site if it's helpful:

 

[Worried6]

Hi Davey77

 

I am just back on line this morning. Thankyou for this reply which i have read through quickly. I will take some time now to re read and think carefully about what you have said. MBNA's tactic of sending letters which sound personal is a good one and I'm sure it has the desired effect on many.

I haven't been in touch with either organisation you mentioned (National Debtline or CAB). I had an impression that they wouldn't be keen to dela with someone whio is disputing a debt.

Back soon

 

W6

[davey77]

The National Debtline or CAB should not judge you or your situation at all. I rang N.D twice ages ago to ask about application form agreements and they told me to write back to the creditors and ask for a proper agreement lol

 

So i wouldn't worry about anything you have to say to them.. they have heard it all before and could be of some help.

[Worried6]

Hi All

Wonder if anyone has had this experience?

I changed my BT number before Christmas to try and stop the harassment from MBNA and a DCA called AIC.

The number was supposed to be fully restricted.

MBNA have recently started to ring my mobile again after a quiet period and this afternoon my husband took a call at home from a Call Centre asking for me. He didn't reply and waited till the caller hung up. He hasn't noted the caller number fully but said it started 08000 - I know of old that MBNA use a number which starts in this way.

Has anyone else had this experience of a seemingly ex directory number from BT or are MBNA just talented?

I have e mailed BT a complaint.

 

 

W6

[Enron]

If their actions amount to harassment, i'd made a complaint to the Office Of Fair Trading, and contact your local Trading Standards department.

 

You are afforded protection under the Protection From Harassment Act, and TS can prosecute under the Administration Of Justice Act.

 

A couple of times a week could amount to harassment if their calls are causing distress etc.

 

I presume you have sent the letters relating to them only contacting you in writing in future.

[IdaInFife]

incase you need it:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

Ida x

[Worried6]

Thanks to you both for the advice.

I have been dealing with MBNA since last November and the telephone calls were really bad then. I did send a telephone harassment letter and they responded eventually in writing to confirm that they would remove telephone numbers from their system as long as I responded to any of their written communication within 15 days of receipt. I had sent a CCA Request in December and they sent me a fudged copy of an agreement. Then bombarded me with letters in January impossible to keep up with and all saying the same thing! I responded on 21st querying their response to my CCA request and aking for a copy of the agreement under Civil Procedure Rules - they have not acknowledged this and have started the threatening letters again. I have 2 in February dated 5th and 6th.

It is only this week that the calls to my mobile happened and so far just once to the 'restricted' telephone number which has really annoyed me. They must have gone to a bit of bother to get this.

I will write again to complain (though I don't want them to know that they have the correct phone number) probably on the basis of the mobile calls and refer to my CPR Request as well.

You really need a lot of patience and time for this don't you?

W6

[ODC]

Before you panic too much it is possible that this call was a genuine one. BT themselves use 0800 numbers, A lot of marketing companies also dial random numbers until someone answers. Unless you can be sure its MBNA or some DCA then I would urge you hold off on the Harassment letter,