MBNA Problem - DCA involved

[CapitalPunishmnt4Capital1]

I've had personal problems in the last 12 months which has resulted in me having a gambling problem which I am currently seeking help over. I currently owe @ £10k on my MBNA card and due to financial hardship I have written to them with an Income and Expenditure worksheet and had offered them £200 per month. They refused this, but even this amount of money is hard for my wife and I to find. I'm basically the main wage earner as my wife looks after our children all day.

In August I contacted MBNA and made it known to them that I was having problems paying the amounts needed each month on the card, which was due to go on to a different rate in November, and that I would not be able to make these payments. I enclosed a letter dated in August that I received that outlined what the new rates would be. I rang up and explained that I was having problems and it was agreed on the phone that day, that they would lower the rates slightly- as per the letter that was sent out dated the 8th of September but did not arrive until 5th October!

Ny wife has been helping me out with this and We were both told at the time that I could go onto a fixed payment plan, whereby the interest and charges would be frozen for the duration until the outstanding balance was paid back to them. We were asked what I could afford to pay back each month and all the details of my income and expenditure, my outgoings etc were all discussed and recorded by Mr Jones. I said that I could afford no more than £200.

 

My estranged wife spoke to Mr Jones about the matter too, as she is better at explaining things than I am. He told her (as did I ) that he was setting up the payment plan for me and that I would receive confirmation in the post. He also confirmed this to me. He continued to say that it could not be set up without the first payment being paid, and that subsequently a direct debit would be set up and £200 claimed monthly.

Mr Jones said that £200 was required there and then to set up the payment plan, as my wife did not have £200 available in her account she went down to the branch having borrowed £200 from her dad within the hour and paid it into the account. She was told to call back later and give her card details and that the £200 would be debited from the card. Mr Jones also said that he would need to take her bank details, account number and sort code so as to set up a direct debit for the fixed payment plan. My estranged wife willingly gave him the details requested and confirmed that the interest would be frozen indefinitely and the charges stopped, she was relieved that we had some resolution on the matter.

 

I spoke to him also, as after discussing things with my wife she would pass the phone to me and the same information was relayed to me some hours later. My wife gave the debit card details to a customer services girl and the amount was taken from the card. Coincidently the staff member had remembered my wife initially calling previously and had remembered my wife explaining the problems, of which the staff member had advised her to get me to call in and discuss the matter in full, to explain everything and that they had fixed payment plans for people like us.

So in short, a payment plan had been set up as far as we were concerned and was just pending paperwork in the post. The money was taken instantly from the card and my wife received notification shortly after that a direct debit had been set-up. The direct debit mandate is in her name and states her bank details.

 

We had both been told that the letter would be in the post .After two weeks had passed by and not having received this fixed payment plan letter, (at my wife’s address as requested) my wife grew concerned and contacted MBNA. She tried on several occasions to speak with Mr Jones only to be told by MBNA staff that every other person is called Mr Jones and that it was not going to be that simple to locate which Mr Jones we had been dealing with!

 

After many attempts to contact Mr Jones a member of staff was able to locate him and she told my wife she had e-mailed him to contact her. My estranged wife explained everything again and what had been agreed with Mr Jones, she expressed her concerns at not having received the letter despite the fact that the initial set up payment had been debited from her account and that the direct debit mandate had been sent. She was concerned that the payment date was not on the direct debit mandate letter and that it had not yet been clarified and was therefore worried there may not be sufficient funds in the account at the time it was due to be claimed.

 

The staff member said that she didn’t know what was going on with the account my wife had given her my details and she looked into the account, she disclosed that the interest was not frozen on the account and that she didn’t really understand what was happening with it, and asked my wife lots of questions about it, she couldn’t speak to me directly to discuss the card and account as I was at another location to my wife, at work. After having looked into the account and discussing it with my wife she then proceeded to say that she didn’t want to interfere with it as Mr Jones was dealing with it and that she would email him to call my wife.

 

Mr Jones did call my wife back and she told him she was concerned as the letter had not arrived and that it had been two weeks. He then said that it was with the underwriters another department and that he had to do it manually

and that he would chase it up, and see what was happening. He promised to call my wife back on the Friday, that week, he did not call back.

 

She then called again and spoke to another staff member who again was sceptical as to whether she would be able to locate Mr Jones as there were loads of them! She took the details again and e-mailed him.

 

He did call my wife back and said that it was with CIU and that he still hadn’t heard anything and that there was no means other than to write to them, to contact them. My wife became confused and asked why it was taking so long and why was it in this CIU he said that it had to be submitted there and that a decision had not been made as yet. Of course my wife was utterly amazed a decision? Waiting for a response?! As far as we were led to believe a payment plan had been discussed and set up, and we were merely waiting confirmation of this.

 

If this was not the case then why would we be told the paperwork a letter would be in the post and my wife’s debit card be debited with the amount of £200 and a direct debit mandate form sent out, if nothing had been agreed or processed or confirmed? In short as far as we were both concerned a payment plan had been set up, and the first set up payment taken.

 

Mr Jones then said that he would find out what was happening and get back to my wife. He never has to date.

Sorry about the lenght of this but there's no easy way of explaining this and shortly after this my wife cancelled the direct debit as she was afraid they would take whatever money they wanted.

We lodged a complaint with the financial ombudsmen but have since been told it could take them a while to investigate.

MBNA have handed the outstanding monthly amount (inc. interest) £511, to a DCA (RMA/NCO). They sent a card saying they will call Tuesday 25th Nov. I called them the other day to confirm this was the MBNA card they were talking about. So I don't know what they will do next. I am not trying to get out of the debt but cannot afford these interest charges and am appalled they agreed to a managed repayment but then reneged on it.

 

Please help.

[flyingdoc]

First and foremost

 

Send a SAR to the debt collection agency to get a copy of your original credit card agreement.(cost you £1 + registered post) there are template letters here http://www.consumeractiongroup.co.uk/forum/letter-templates/135666-link-cag-templates.html.

 

Use letter N, requesting a copy of your original agreement which they have to provide under section 78 of the cca.

 

Once you have it remove all personal data and post it so that it can be reviewed.

 

PS DO NOT SIGN THE REQUEST or use a cheque, banks are not above using photoshop to shift signatures if they dont have an original document.

[CapitalPunishmnt4Capital1]

Thanks very much for the response flyingdoc. I will do that straight away and keep you posted.

[CapitalPunishmnt4Capital1]

Just to also add, that as I have only recently moved back in with my wife and kids, I'm changing the addresses back. So I called the RMA again this morning and told them plus the reason why it's with the ombudsmen, which they wrote down on their system and never mentioned anything else. Not even the outstanding amount. Interesting.

[CapitalPunishmnt4Capital1]

Do I need to send one to MBNA as well?

[CapitalPunishmnt4Capital1]

My wife received a phone call from RMA this morning about 8ish (not sure if they had received the S.A.R. already as it was only posted recorded delivery yesterday), but they were hassling her to speak to me. She asked what type of business they were and they were rude which is the wrong tack to take with my wife. Anyway, we will both tell them in future to put things in writing. We will not be speaking to them on the phone, as advised by the good people here at CAG.