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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Harassment by MBNA


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Think i've got it? - Okay last year 2008 I was made redundant 3 times the last being Nov 08. Up until March 09 I continued to pay all my credit cards thinking I would find employment before then. This did not happen, to date I have received an unprecedented amount of calls from MBNA/RMA/Aegis or whoever or whatever they call themselves, I have written to MBNA in March supplying them with a Income and Expenditure sheet along with an explanation to my current circumstances. I made it clear I would only communicate by written letter and not by telephone, yet the only letters I recieve from MBNA is please call us to discuss your account! I have now sent 7 letters to MBNA in the past 6 months all of which NONE have been answered, I have recieved threats of court action, threats of bailiffs, etc etc you name it they have done it, on two occasions my wife answered the phone to be told and I qoute "we will continue to call you and harass you until you pay up" comment made by James of MBNA. I have now received yet further calls stating that if I do not pay today the sum of £88 because my arrears will be 6 months MBNA can no longer hold the account and will sell it to debt collections company! If I paid today they will hold the account for a further month whereby I will be able to go for a settlement sum of on 35% of the total value. This in itself sounds good trouble is I dont have £2000 to pay in one lump sum! Further still I have still have an ongoing complaint with MBNA into how the have handled my account, I am continuing to pay interest and late payment fees now totallying £1087.69 over th epast 6 months even though they have been supplied with Income and Expenditure and letters from the CCCS to stop interest and accept token payments, yet they still refuse to respond in writting stating they are an interent bank and there regulations only permit them to respond and discuss my account including my income and expenditure over the telephone! I'm now at the end of my tether with these people and simply cant take anymore of this can someone out there please help so I can get these cockroaches of my back. PLLLEEEEAASEEE!

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Hello Lancelot

Contacting you via telephone is solely done to extract some form of payment. In this instant your complaint will never get resolved.

 

I do not know your history with MBNA ie how long you have had an account.

 

Did you send your letters via recorded delivery and have you kept copies?

Have you sent any communication via email.

 

Have you requested A Suject access request and or true copy of the original terms and conditions?

 

I would suggest you request a Copy of the original terms and conditions under the unfair trading terms and conditions and not the 1978 cca agreement. If you request the latter you will be just send thier current terms and conditions. After 14 days they will be in default and should not add further charges or pass the debt on to a collection agency.

With regards to them passing the debt on to a collection agency, this will be around for approximately 10% of the debt owed, Not for the 35% being demanded from you.

They have already extracted nearly £1100 from you in the past 6 months and I reckon on the amount you owed (estimate £5k )with the £2k they want from you that is a cute way of maximising their income. It may well be that if you requested an SAR and made a claim to them for unfair charges by comparison they would be out of pocket.

Suggest look up a few topics on here ie UTTC's Harrasment OFT and your local trading standards.

I am failry new to this myself but determined not to let the b......S get me down.

So don't give up lancelot there are plnty of people in this position with many many more to follow.

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Hi Lancelot, I sympathise with you MBNA are one of the worst in my opinion. when was the card opened with them and how, paper or online (makes a difference).. formerly request your cca under sec 77/78 of cca act and send a postal order UNSIGNED of 1.00 send recorded del and keep a folder for all your correspondance.

Aegis are pussys compared to some of the other debt collection agencies they use, dont be phased, dont reply to them dont waste your time, just wait for the 14 plus two days to go by then send another letter officially placing the account in dispute. I suggest that you start your own thread where people will be able to help you, this one is not appropriate for the ongoing advice you will need. Look up other mbna cases including mine.. lol muffintop v mbna and sunflower is a good girl to watch and learn.. sub to them, read read read. yeah ok whilst the account is in dispute they should not add default sums or chase you BUT THEY WILL this will trash your credit file although its trashed anyway with cccs now dealing with dmp... i have just gone into the same with cccs thanks to bcard and mbna trashing my file whilst in dispute.

When you dont get a response to your sar... or cca or cpr requests dont write to them uncessarily as I think the more you make contact the more it can potentially be that they say they have made contact with you. I was going to say dont pay them any money or the barred by statute 6yr rule will keep rolling on and on but if your in a dmp with them you will have to.. you do know you dont have to include them in a dmp.. i havent put one of my mbna or bcard into the plan as they are in dispute... finally I didnt want to change my home phone no or my phone as had been mine for many years but i cant tell you it was the best decision i made, no more phone ringing no more having to keep the answer phone on, its just a phone and it would give you peace of mind, all their threats mean diddly squat, what if maybe might yeah well just do it then.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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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

if you make token payments then the debt continues past the 6 year barred by statue, if you havent had a cca maybe best not to send any payments or speak to them

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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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

 

i gotta tell you the bad news with a little good news.. I have tried trading standards, didnt want to know, i have tried oft, ofcom, misuse of telecommunications act and straight protection from harassment act from police. No one will touch it because its in relation to money you owe, yes it may not be unenforceable but you do owe it... i can guarantee you as I work for the establishment the police will not take it on, however you may recall a lady winning a case against halifax in a civil harassment case and you can go this route, how you would fair without a solicitor im not sure. most of all you will need evidence which means recordings of the calls and frequency, i know people on here use a special phone that does this. you will have to search threads to find out which one it is unless you ask on here.

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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GerryDevlin, send Aegis the telephone harrassment letter found elsewhere on this site. They were calling me constantly in the beginning of my situation and I hit them with the letter and the calls stopped dead. I posted their UK address on here, you may have to search for Aegis to find it.

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To the Abused and Muffin Top, thanks for all the info, both accounts were opened online over 2 years ago, I have never missed a payment since being with them until March this year, even though my Interest rate strated at 14.9 and steadily was increased to over 33% something wrong there me thinks! Your also right about the figures combined total for both cards is £5971.06 of which £1087.69 are interest and late payment charges since writing to them in March stating I was in difficulties. They want me to pay £2090 to write off the balances. I have every letter including Post Office recorded delivery receipts. How do I ask for this 'Subject Access Request' are there any pro forma letters or exact wording I should be using?

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Hi Lancelot

To gain access to the letter template you require click on the blue ' subject access request' This will give you a new page.

Scroll down to Template Letters (written in green) then you can select the appropriate template letter you require. There are many, so more than one may be applicable to you. There is one there on harassment also.

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gerrydevlin1, firstly, you are not alone, there are 100,000's of us out here that have had the same treatment from MBNA. They are really one of the worst creditors ever to deal with. Please do as you've been told, refuse to talk on the phone, put everything in writing, do not sign, initial or use digital signature, send everything recorded delivery. Go through all the steps one by one and you will be just fine. Send off a request for a true copy of your Credit Card Agreement (CCA), costs £1, postal order, when they haven't replied in 12 + 2 working days, your account is officially in dispute and they cannot enforce it any further.

 

Please start your own thread, in the MBNA section, start it gerrydevlin1 v MBNA with a brief as to where you are and you will soon get all the guidance and help you need. This site will be a wonderful support for you :cool:

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Perhaps the county court judge has or his friends and relatives. A vast proportion of the amount owed can soon mount up with £25 per month late charges £25 over limit fee £20+ PPi and of course the excellent compounding interest charges of up to 35%.

They are an American Bank over here who do not believe they have to comply with UK law. It was the Americans that caused the credit crunch in the first place by sub prime mortages and corrupt banking and insurance practices. MBNA are stinging people over here to counteract for losses made as a result of this world wide.

A good friend of mine has payed out over £14K to MBNA and a couple of other credit card companies when their husband died of cancer last year.

She was unaware of these cards had charges added and interest compounded over a year. She recieved threatening letters of house being possessed as the money they say must have been spent on her, To end the intimidation and threats she paid from her savings, Unfortunately I found out about this too late.

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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

I got this from Consumer Direct (trading standards) today.

 

"In reference to your enquiry, a debt collector would be able to speak to you once a day to discuss an outstanding debt. It is worth noting that they can call you however many times they wish, but once they have spoken to you, they should not call again until the next day. I should also point out that although a consumer can request that a company only correspond in writing, it would be the credit company's choice whether they accept this request."

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  • 3 weeks later...

they are relentless in their tackticks, they ring you on mobile numbers send post cards saying alex is comming , totally ignore your reps if you try to set up an agreement. have no regard for the OFT or their guidlines, they just dont care, the only hope we have is to have their license taken off them, but thats not gonna happen as long as we are in love with the u.s.

 

oh the latest one is that if you set up an agreement with your debt management company, they ring you at night trying to reach another deal....its all so sad....

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forgot
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:mad:I got a phone call today from MBNA consultant wishing to discuss my account. I supcted that they had a dastardly plan as I have only been paying minimums on the three cards.I said that I imagined that they would want to further penalise me as they have racked up the interest rate over past few years due to some damage to credit file (HBOS AND BS whom I have requested CCAs from and stopped paying). I asked them if they could let me have the original CCAs she said she would request them and that it would take six weeks. I pointed out that they should let me have them within the 12 days +2 but she said that I was wrong. Can anybody verify this? The agreements date from 1994, 2001 and 2002.

Any advice on how to move on this would be welcome. Is the MBNA acronym really Mafia Bank of North America!

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:mad:I got a phone call today from MBNA consultant wishing to discuss my account. I supcted that they had a dastardly plan as I have only been paying minimums on the three cards.I said that I imagined that they would want to further penalise me as they have racked up the interest rate over past few years due to some damage to credit file (HBOS AND BS whom I have requested CCAs from and stopped paying). I asked them if they could let me have the original CCAs she said she would request them and that it would take six weeks. I pointed out that they should let me have them within the 12 days +2 but she said that I was wrong. Can anybody verify this? The agreements date from 1994, 2001 and 2002.

Any advice on how to move on this would be welcome. Is the MBNA acronym really Mafia Bank of North America!

 

 

Ace, they are totally wrong.

 

Send a letter recorded delivery with a £1 postal order, give them 12 +2 working days to reply. No more telephone calls with the telephone bank, OK?

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  • 2 weeks later...

I am being harassed by MBNA. Last night I received 9 calls from them between 7.15pm and 7.45pm on some occassions 8 seconds between one call stop ringing and the next starting. They also try to use different numbers. I have asked them not to phone but they still continue. I even subscibed to the BT service to refuse to accept calls but they have used so many numbers my list is now full. Last week they phoned during the day 14:00 and phoned 11 times in 20minutes after my wife who is disabled and was in bed answered and when she told the creature at the other end of the phone that she was unwell and in bed she got the reply. "WHY WHATS WRONG WITH YOU?" Another time she answered the MBNA emplyee gave her all my details of how much I owed how much they wanted me to pay. I have sent a letter to request they do not phone but am still receiving. I have told them that I have reported them to the OFT but they stated that they do not come into the guide lines and don't give a dame. The final straw is they have continued to phone at 21:30pm.

I was thinking of starting a thread to publish all the numbers they use so everyone can start to return the harassment and see how they like it if we can block their phone system up. Otherwise can some-one help and give me advice on how to deal with these bullies they are driving my wife and I into depression.

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All I can suggest chrisbyz is that you keep detailed records and record calls if you can. Posting your list would be useful to others.

 

If you used a TRueCall you could block all their numbers.

 

Do as maurice suggests too

 

 

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All I can suggest chrisbyz is that you keep detailed records and record calls if you can. Posting your list would be useful to others.

 

If you used a TRueCall you could block all their numbers.

 

Do as maurice suggests too

 

Absolutely:cool:

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  • 2 weeks later...

Hi Chrisbyz

 

Please do so as you have been just advised. I would like to add up a great tip which has helped me and I barely receive any call from them.

Refuse to verify your post code date of birth and they can not proceed with the call due to data protection. Ask your lady to refuse to talk to them as she is not account holder anyway and they cannot discuss your matter to her according to law,

Insist that you will communicate in writing ONLY.

keep us posted.:-D

Hussy

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I had an instance last month, where I was a week behind with my payment. I'd had a missed call on my mobile and landline, but thought nothing of it - they'd ring back as they always do! Anyway, as I only work two days a week, they had tried calling my place of work when I wasn't in. One of my colleaues had taken the call and the woman had told him that she was calling from Global Vantage on behalf of MBNA, and could he try to get hold of me at home?!

 

My colleague told her he did not have my personal contact details and that this was a business number she had called, to which she apparently relied that it was "in my interests that she speak to us".

 

Anyway, the next day, I was at work and they phoned again. I told the woman that I was at work and could not speak to her at that time, could she call me at home at approx 8.30pm? She said she would put a note on my account for this to be done. However, at around 3.15pm I had a missed call on my mobile from these people and when I got home, they called again at 6.15!

 

These people use harrassment as a matter of course! :mad:

Woozel 1 - DCA 0

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  • 4 weeks later...
  • 2 weeks later...

Hello,

 

Sorry to open this thread up again but I'm new on here and just seen this thread.

 

I've had a loan with mbna for the last 4 years which finishes in September 2010 and its the worst thing I've ever had.

 

I've moved away from home since starting the loan as I'm now in the West Midlands Police but my parents still live at they address. Every week when I speak to my parents they report on having 3 - 5 phone calls from MBNA requesting to speak to me, asking for my details etc.

 

I have rang them on several occasions and all seems ok and I make my monthly payments on time only ever missing one around a year ago which was all sorted.

 

Is there anything I can do to stop these calls for no reason?

 

Thanks

Mark :)

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Hi apple man, you should start your own thread on this - you'll get more help. Have you informed MBNA of your change of address/contact number? Also I think you should write to them, asking them to put all correspondence in writing. I'm really rubbish at posting links on here, but in the templates library, I'm sure there is a letter to this effect, also clarifying the rules regarding telephone harrassment. :)

Woozel 1 - DCA 0

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