Harassment by MBNA

[Muffintop]

I have had so much harassment from mbna that finally after 20 years i have had to change my home phone no to stop them rining me

[AA99]

http://www.consumeractiongroup.co.uk/forum/campaign/217672-mbna-harrasement-ico.html

[Muffintop]

thanks aa99 i have dipped into that thread and will re read. the problem is it really wears you down, not only are you trying to get your head around that you have trashed your credit file and for me all my creditors have taken away any promotional rates i used to get to manage my debt but all my bank accounts have asked for their overdrafts back due to bcard and mbna trashing my file.my net has closed so much due to me having two disputed debts since last november that i am now forced to go onto hopefully a debt management plan or worse.. with payplan i say hopefully as im not sure they will even allow it. I also dont know if i have to incloude the disputed debts into that plan and if i do then that means they will be getting payments again and are unlikely to ever give me my credit agreement even if they have it. I thought it the debt would be statute barred after 6 years but i have been told that even if mbna send me one letter and i respond it proves that their mail is getting to me and that keeps the six year clock ticking?

the only other option is to take them to court but that is more than risky from a costs point of view.

I am so worn out with all of this now that i want an end to it, i had to change both my mobile and my home phone, which i know is silly but after 20 years of this number this has upset me.

i will no longer receive phone calls from them as they dont have my number and i dont think i would have the strength to fight them.

 

you say that mbna didnt accept token payments? do you mean on a dmp

 

i dont know what the answer is for harassment apart from what i preach in my professional job evidence is the key to a civil prosecution.

[citizenB]

thanks aa99 i have dipped into that thread and will re read. the problem is it really wears you down, not only are you trying to get your head around that you have trashed your credit file and for me all my creditors have taken away any promotional rates i used to get to manage my debt but all my bank accounts have asked for their overdrafts back due to bcard and mbna trashing my file.my net has closed so much due to me having two disputed debts since last november that i am now forced to go onto hopefully a debt management plan or worse.. with payplan i say hopefully as im not sure they will even allow it.

 

It appears that a lot of banks are calling in overdrafts at the moment, I dont think you are being singled out in this respect

 

 

I also dont know if i have to incloude the disputed debts into that plan and if i do then that means they will be getting payments again and are unlikely to ever give me my credit agreement even if they have it. I thought it the debt would be statute barred after 6 years but i have been told that even if mbna send me one letter and i respond it proves that their mail is getting to me and that keeps the six year clock ticking?

the only other option is to take them to court but that is more than risky from a costs point of view.

 

If you are planning on entering into a DMP then they will expect you to include all debts. They dont like to get involved in disputed accounts. If you are not paying a couple of accounts due to disputes then this will give a false impression of the amount of excess income you have (that you can use to pay unsecured creditors). This is something you will have to consider.

 

I am so worn out with all of this now that i want an end to it, i had to change both my mobile and my home phone, which i know is silly but after 20 years of this number this has upset me.

 

It is very frustrating that these companies end up dictating your lifestyle. However, now you have changed your numbers. Make sure you only give them out to people you WANT to speak to.

 

 

i will no longer receive phone calls from them as they dont have my number and i dont think i would have the strength to fight them.

 

you say that mbna didnt accept token payments? do you mean on a dmp

 

MBNA and Capital One are very reluctant to allow reduced payments even through DMPs. Some people report that even though they are on DMPs MBNA and Capone continue to hassle them:(

 

i dont know what the answer is for harassment apart from what i preach in my professional job evidence is the key to a civil prosecution.

 

 

HTH

[Muffintop]

tnx very much Citz B.

So am I right that my choices are

a. enter into a dmp via someone like payplan BUT with my two alledged debts in it and then I wont ever be able to push for enforceability of these debts unless I am the driving force in taking it to court and getting them to show if they have my cca or not

 

it feels like if I do this iv 'given in' as the only way I saw of pushing this to court one way or the other was NOT to pay, otherwise im just tredding water still paying them. However if MBNA wouldnt enter into a dmp anyway and i carried on paying token payments anyway Im guessing they would take me to court anyway?

 

The banks I had the overdrafts with said they were pulling it because there was insufficient funds going in to show i was using account, which in fareness is true, i was just using the overdraft. this is nationwide.

 

to be honest i just want an end to this all now and cannot afford the payments on a minimum basis to all the cards and my priority debts if I try to carry on so feel iv reached stale mate and if putting the two disputed debt into a dmp is my only way this is perhaps the only thing i can do?

[hbc50l]

Hi,

 

Wanted to add something regarding your concerns on court costs.

 

Am not legally qualified and, am currently at work so can't readily check but, from memory I'm sure that County Court costs are capped and covered by statute.

 

The book that CAG promotes on their home page goes into more detail and that was written by a judge.

 

My understanding is that costs over and above have to be stated and can be easily challenged. As in many things at court if you don't challenge them, they go through.

 

From personal experience (and prior to this knowledge) i did challenge legal fees as being dis-proportionate to the capital sum and had them significantly reduced. Had i known what to say properly I think they would have been substantially struck out.

 

Worth half an hour reasearch?

[Muffintop]

hi thanks for your advise above. i have one of the cag packages on court proceedures but not a book.... i was always under the understanding that under 5k there was no risk of costs being a problem and infact as the claimant you could apply for costs... i always knew over 5k was a risk of costs which is why there is mention of after the event insurance but this is not easy to get.. i feel like i am powerless to do anything with mbna, im just a sitting duck until they decide that they will take me to court.

[AA99]

Muffintop, I am so very nearly in identical situation as you! I have tried and tried and tried, now I am sorting out rent and utility arrears first and foremost, second is bank charges hardship reclaim (NW too!), have decided to keep putting of DCA's etc while I can, paying a precious few on interest frozen accounts but cannot even afford to go bankrupt!

[citizenB]

Muffintop, are there any charges on these accounts that can be reclaimed ?

 

MBNA are a particularly hard nut to crack as you will no doubt have seen. However, they can be caracked

[angmarie]

Hi all

 

Hubby has 2 MBNA accounts, silver cc and gold cc.

He has received unenforceable cca for silver account, and a letter confirming they dont have cca for gold account.

They have received account in dispute letter concerning silver cc, and also have written some weeks ago asking them to once again confirm in writing that they will never produce cca for gold account.

The phone calls are only on his mobile, started with 01244 ....

lots of them, then 0207?? is this MBNA (dont want to ring it)

Then today 0778 610.... and voice mail;

Please call very urgent we speak to you about your account:p.

Can someone please confirm if I have written proof, they cant supply cca can they still persue the debt and do we have to continue to pay it off.

 

I have my own MBNA thread, but would be grateful for any advice.

 

 

Ang

[citizenB]

Hi all

 

Hubby has 2 MBNA accounts, silver cc and gold cc.

He has received unenforceable cca for silver account, and a letter confirming they dont have cca for gold account.

They have received account in dispute letter concerning silver cc, and also have written some weeks ago asking them to once again confirm in writing that they will never produce cca for gold account.

The phone calls are only on his mobile, started with 01244 ....

lots of them, then 0207?? is this MBNA (dont want to ring it)

Then today 0778 610.... and voice mail;

Please call very urgent we speak to you about your account:p.

Can someone please confirm if I have written proof, they cant supply cca can they still persue the debt and do we have to continue to pay it off.

I have my own MBNA thread, but would be grateful for any advice.

 

 

Ang

 

If you google," who is calling me" then you might find out who those numbers belong to.

 

If you have a letter stating that they are unable to find the agreement then you are in a fairly strong position in order to either a) offer a reduced settlement amount or b) fight off any DCAs.

 

However, if they do eventually come up with an enforceable agreement at some later stage, then they can resume the pursuit unless of course the account becomes statute barred before then !.

[Hussy786]

Hi Ang

 

When they call they first ask for name and then confirm details such as date of birt etc,

Refuse to confirm details date of birth etc but confirm the name and simply tell them that you will only communicate in writing.

See the difference in a week .

Save their number in your mobile as thief 1 thief 2 and dont pick up phone the calls will get lesser and lesser but they have auto dialing system which dials the number just ignore them

No need to get stressed we all fighting against them you are not alone

[angmarie]

Hi CB

 

Thanks for that tip (not mbna) its another nasty though;).

Hussy, thanks also for your help they sure try to grind you down.

 

 

Ang

[gerrydevlin1]

Hi Everyone

 

I thought i would post a comment here as i have been getting some severe telephone stalking by my creditors. I was made redundent 2 months ago and have now missed the first round of payments on all my creditors. I am currently trying to reclaim my PPI on all my debts as i took these ppi's out incase i ever lost my job through no fault of my own , ie redundency,sickness etc. To my suprise not one of my PPI Claims were any help as they did not cover voulentry/invoulentry redundency apparantly so i am trying to claim this back. Im not trying to renegade on the loans only the PPI on 4 cards and 2 Loans. I am also calculating charges i have received by Mbna over the past few years and this totals almost £600 i was getting a charge almost every month because the payment date did not match my paid salary date my own fault i suppose for scatty accountmanship. I have yet to start the claim with letters but have all the data i need for the charges, however i am wavering here, at the moment MBNA and Egg are calling me every day on average 4 times a day , the Egg autodialler is even calling me at night and tells me there is no one there but i need to call nxt day

 

I have explained i am unemployed and seeking work and have also contacted the cccs to try and help structure a payment plan ,This is the first time in 15 years i have been out of work, i am on Job seekers and get no other help for rent,council tax etc etc so my Giro is gone on rent before i even start

. Here is how my day went today lol

 

8:24 8 sep 09 - 8081013405 Caller: MBNA / AEGIS

9:41 8 sep 09 - 08453665601 Caller: Egg

10:38 8 sep 09 - 08453665601 caller : egg

11:26 8 sep 09 - 01513303890 caller Capital one

13:30 8 sep 09 8081013405 caller mbna/aegis

14:09 8 sep 09 08453665601 Caller Egg

17:37 8 sep 09 01513303890 caller capital one

17:45 8 sep 09 08453665601 caller egg

18:35 8 sep 09 8081013405 caller mbna/aegis

20:40 8 sep 09 08453665601 caller egg

 

This was a slow day for Mbna however as you can see Egg are keeping the faith , this is the first time i have defaulted on any payments with egg and they are Hounding me. So with all these calls and the pressure of me trying to find a new job i am close to my wits end. What i am wanting to know is , is there anything else i can do , do i have a leg to stand on for Harasment, i know im at fault for renegading but the relentless calls are now starting to take a toll on me , with whom do i complain about this and will anything really happen against these corporate giants , also can i claim back charges if i am also trying to claim back my ppi , my thinking is that any money i can get will reduce the payments and heck they will be getting the money any way to cover the missed payments etc.

 

Not really sure what to do , egg are also telling me the bailiffs are coming , but i know thats trash talk until they get a ccj or whatever they have to get so basically whats the limit on the amount of calls that then borders on the insane , was my example of a daily call log any use

 

Thanks and kind regards

 

G

[almond]

hi

somebody will be along to give you some good advice but i have a couple of ideas

do you have a bt line if so get the service that allows you to block the phone numbers

when you get calls don't speak since they are voice activated (the autocaller ones)

have you caller display with an answer machine ? if so let it go to machine

don't give out info on phone say you will only deal with them in writing,

send a cca letters to them all

good luck finding work

[AA99]

http://www.consumeractiongroup.co.uk/forum/campaign/217672-mbna-harrasement-ico.html

[angmarie]

Hi Anyone

 

Really need advice quick, any help will be appreciated.

Had another nice postcard today will be calling w/c 7/9/09 if inconvenient call 01244 blah blah

Ref AGN anyone know what this ref means?

Also had letter a Default will be registered in couple of days, this is for 2nd bigger account with no cca. (i have this in writing from them as well)

Your account is to be sold to a third party.

So what ection should I take;

1. Im not happy about the postcards - (Data-Protection)

2. Should I phone and remind them that they have no cca and that I have this in writing.

3. Write and point out the above to the morons:evil:.

4. Do nothing just sit and wait for door to knock.

 

Just one last thing to completely confuse the issue, the letter is asking for £16.00 to clear arrears:confused: its lots more on the statement.

So another thought I could pay 16.00 but would mean talking to them.

 

Any thoughts

 

Ang

[hbc50l]

Never engage them on the telephone, thats what they want you to do and go about ducbious methods to achieve this.

 

Correspond in writing only and stick to your plan, if the debt is un-enforecable they have little chance in the long run.

 

Try not to be too concerned, there are many very knowledgeable people on here more than willing to help no matter what happens.

[angmarie]

Hi hbc

 

So shall I send bemused letter to them reminding them account in dispute.

The problem is my letters are coming from so many different dept's that they dont really know the position.

 

 

 

Ang

[angmarie]

hbc

 

Sorry to be a pain but if they cant provide cca and they have admitted in writing what can I really expect longterm once my credit file is trashed by them.

Do they ever write off debt due to no cca or is the reality that they may go for f/f settlement.

 

Ang

[gerrydevlin1]

Hi Guys/Gals

 

Im still confused lol

 

I have just taken another call from Global Vantage who are now telling me

that i need to borrow money from friends and family because now that i am in arrears my credit rating is in effect and this will now effect my prospects of getting a job in the UK as future employers may check my credit , is this true?? or another scare tactic from Global vantage. I was made redundent 2 months ago and im struggling to find work , this i dont need ..........

[sillygirl1]

Its a scare tactic, why should an employer credit check you? If you work in finance then they do credit checks, also telling you to borrow money to pay them back is very much against the OFT guidelines.

 

I would ask the name of the next person who rings and write it on the DSS form when they ask "Why haven't you got any interviews..." answer "Because XXX at Global Vantage has trashed my credit rating". It is a valid answer.

 

Again tell them "If I don't get a job then I can't pay you back and the court won't allow more than £5 to be taken from my benefits to pay unsecured loans.... so tough."

[gerrydevlin1]

Thanks Silly girl , i thought it was a hollow threat , i have jost wrote another nasty email to MBNA telling them how they are messing with OFT Guidelines and how that Global Vantage are terrorising me with Scare tactics. I have offered to make token payments , but they will not accept them without telling me i need to pay more or risk bad things happening to me

[AA99]

Please don't just send threatening tactics by email back to them. Write the proper letters (as in the templates on here) and write to the authoratitive bodies, ie. OFT, FOS, TS, etc.

[lancelot50]

Not sure what im doing on this forum, or how to post a call for help!