I have Cancer and need help please

[Angie2008]

Hello this is my first post so please forgive me if it is in the wrong place.

 

I was diagnosed with cancer on 27th June and I know that as I work for myself it was going to give me financial problems to some degree. So as I have never in my life been in debt I set about sending letters and collecting application forms for the creditors I had insurance with.

 

I went in for majory surgery to my on 15th July and to be honest wasn't all that interested in sorting out what was going on with my finances.

 

Once I was able to I wrote to Virgin and told them my situation and that although I wasn't in arrears at that time I would be by the middle of September as that is when I worked out my savings would be gone.

 

I immediately received a letter telling me to reurn my card and any cc cheques I had in my possession along with a load more rubbish telling me to maintain my payments or else they would take legal action blah blah blah.

 

I was gobsmacked to say the least. They didn't even acknowledge my letter regarding my cancer and the situation I now found myself in. So I phoned them up and spke to a girl called mary who wasn't in the slightest bit interested in what I was saying. The fact that I had no income and needed to pay a £1 for 6 months whilst I had treatment and was able to get back to work was totally ignored and she point blank refused the £1 offer and was quite clear when I mentioned stopping the interest as it would only increase my debt - no chance of that ever happening was her reply. She told me to just pay what I could afford but added on about the going to court rubbish just to make me feel much better about the whole experience.

 

I called back after a number of threatening letters and spoke to a guy called Adam who seemed ok and said I needed to be put on the financial hardshp register so that the fees and interest could be stopped. So I spent almost an hour on the phone with him, I must say at this time I could hardly talk due to my operation and radiotherapy tratment, he took all my details again as far as what I could and couldn't afford. And told me no problem you will receive a formal agreement soon.

 

A few more weeks passed and still nothing so I called again still with a bad throat and unable to talk too loudly. I was basically told I was a liar with regards to my mortgage re-payments and after a rather heated conversation I told the idiot I was taking to that I had no reason to lie and would send proof via fax of the payments I make. He said ok once we get that we will continue with the application for severe hardship.

 

I heard nothing until I had a phone call from another person, I once again explained the situation and how hard this was now becoming because I have been the one calling them to chase all the time but all they do is ignore my situation and my request for assistance. The lady I spoke o was horrified and said she would ensure the correct person would be put incharge of my case because all the rubbish that had so far happened should never of happened as there is a specific department that deals with people with critical illnesses.

 

Anyhow as requested I faxed a copy of my consultants medical report which states I have malignant cancer. The next day this other lady called me back and said "sorry but because you are not terminal there is nothing we can do" I was in total shock at that comment. She told me I had to pay up or be taken to court although she also knew I have no income so I can't pay right now.

 

Two weeks ago another woman from MBNA called me up and told me that she is now taking over my account, she told me she was horrified reading through what has happened to me so far and she also told me that the original application to be added to the severe hardship list had been closed a few days after it was started despite me proving that my mortgage payments were correct, hence the reason for more fees ad even more interest being piled onto my account. She assred me that she would get it sorted out for me although I must be aware that I have until March, I think she said,to pay up or they will sell my debt.

 

Today I received a letter to say thanks for your letter, sorry your offer of £1 for 6 mnths has been refused pay £157 per month or else. So I tried to call this woman but she was off today and I got some d**kh**d who was really nasty and said that MBNA have adhered to the banking code and made ever effort to assist me, you pay that sum or go to court simple. What a w........r he was. So much so that I lost it with him and told him tht I hope he or his family never have the unfortunate situation where they get cancer and end up needing help only to be treated like a piece of crap on the bottom of someones shoe, think he was rather gobsmacked at that but continued to try and agrue for MBNA. I basicaly told him to shut his mouth and give me the details of the complaints department. He took a bit of convincing but he only gave me the address for the collections place in chester.

 

So my questions are:

 

1. What if anything can I do to get these wolves off my back either for the short term or for good.

 

2. Should I write a complaint to this department in Chester or will it be ignored as most people have reported on this forum.

 

I am so stressed out already with being told I have cancer, and I still don't know if it has gone after the treatment I have had. I have tried everything possible to get this under control, more so than most fit and healthy people would do according to the ladies at mbna but to no avail. I have tried very hard to sort everything out but it is so hard trying to deal with this rubbish as well as the effects of my cancer and treatment.

 

I have made myself ill on top of my cancer through worry , stress and lack of sleep, all of which the hospital have told me will only add to the length of time it will take me to recover. But what can I do if no-one will help me. I went to CAB which was a complete and utter waste of time, I contacted a debt advice agency to ask for advice and they told me that they can do nothing as I have no money and that I should go back to them once I have spare funds to offer my creditors. I went to my creditors one at a time and only 1 of them agreed to assist me. One refuses to talk to me (NatWest) and after many many phone calls from me MBNA are still not helping me.

 

I am at my wits end and don't know where to turn, if anyone can help me I would be more than greatful.

 

Thanks in advance.

Angie2008

[flyingdoc]

1 stop telephoning them - there is absolutely no point as it would appear that they simply forget any arrangement you have made with them as soon as they put the phone down and you have to start from scratch.

2 write a letter including all of the details above, and send it recorded delivery to chester.

3 no point in complaining to them - your complaint will be filed under "bin"

4 stop worrying - nothing they can do to you would come even close to what you are going through with your illness. Allow yourself to relax a little and get your perspective back - you have far more pressing things to concern yourself with other than these morons.

5 if they telephone - refuse to go through security and simply ask them to put everything in writing.

6 if they have the balls to take you to court( and think of the bad press that would bring) a judge would only order you to pay what you could afford to pay, and the fact that they have ignored or dismissed all requests for assistance would go in your favour.

 

Please do not let these guys sap your strength and energy - you need that now more than ever.

[noomill060]

Hi angie, have you received a Default Notice from them?

[angel_1]

hiya Angie

 

im so horrified in the way that they have treated you, i thought they had treated me badly but now im angry for you.

 

pls do as what has been suggested, really dont bother any more to talk with them, i got that early on and i now realise was a total waste of time and didnt help me while i was off work , im in battle with them too,

 

have you requested a copy of your credit card agreement?

 

Have you sent the Sars too, ?

 

and if they havent defaulted you yet, have you recently checked your credit files?

 

i just wanted to try and give you my support , and i will anyway i can, i recommend you read a lot of the mbna threads and see for yourself how these muppets go about their daily business.

 

and everyone included who reads this, i would also advise to take care if you are on facebook, ive heard of a couple of incidents that dca's and companies are tracking customers via this medium,

 

i wish you a speedy recovery and pls do not worry about these , if you do end up with court papers the fab help you will get from here will help you so dont worry about that, and then the judge will only order what you can afford, so they do this to intimidate people and really know that if they did take the court route they will not get a lot and then they have to accept the judges order.

 

keep your strength and focus on your recovery and shout if you need any more advice.

 

take care for now ciao MAZ

[Angie2008]

Hello again and thank ou for your replies. I won't phone them anymore, I can't be bothered to anyway because as you have all said it gets me nowhere, just wound up and upset.

 

I am finding all this very hard because I have never been in debt before and never thought I would be but then I have learnt a valuable lesson over the last few months and that is "life is too short" and "anything can happen". And since finding this site I am learning a new lesson "why worry they can't have what you ain't got":)

 

I have had a couple of letters to do with default notices but if I remember rightly they were just warnings saying if I don't pay they will issue defaults, but I wil defo double check to make sure.

 

I checked my credit file in the last couple of weeks and it only shows late payments so far, when they issue a default will it show up on there straight away?

 

I am trying to get myself a list together of what to do next, I gather that asking for my CCA will be the best move to start off with. So will try and get that done this week. Should I still write the letter to Chester if I do this?

 

I do use Facebook but every now and then only and if I get any requests form friends I only accept them if I know them. Come to think of it I have ignored a few over the last month or so as I have no idea who they are..

 

Will get on with reading other posts on the forum, I have already read a few and to be honest it is good in one sense to see that I am not alone in this mess but bad in another to see how those cretins can treat people.

 

I was told by the jerk I spoke to yesterday after I got the pay the £157 or else letter that they are an American bank and have to adhere to the US laws as well as the UK ones. How can they do that? This is the UK not America, or was he implying that the Americans couldn't give a S**t about anything other than making peoples lives a misery !!!! Makes yo wonder doesn't it.

 

Thanks again for your support, you have no idea how much better I feel already since finding this forum

 

Angie

xx

[angel_1]

hiya Angie

 

good to see your positive reply, oh yes i had that We are an american bank. as if that what supposed to make me tremble with what> so heard that one too,

 

yes you are right once you start to see how others are treated and the mistakes these creditors do, all in the name of legality of course,

 

you become thankful that you have found cag because imagine you hadnt the stress would have been far worse not knowing your rights and how to respond properly and using the law that is supposed to protect consumers

 

have subscribed to this thread so any help you need just post and we will all help you

 

take care for now angel x

Edited December 12, 2008 by angel_1

[noomill060]

Oh the arrogance of these muppets - American bank indeed! They may be American, but they have to dance to our laws if they want to do business here.

 

You have the protection of the 1000 year old British legal system, and they will have to lump it.

 

 

Dont speak to these comedians again. Refuse to confirm your identity if they call.

[steven4064]

Angie

 

Like the others, I am horrified. The chances are that they will not have the paperwork to take you to court and MBNA never do that anyway - they always sell the debt on.

 

What you should do is to send them a request under s78(1) of the Consumer Credit Act 1974 for a copy of the executed agreement for your account and a statement of account. Enclose the stautory fee of £1 and remind then that the stautory period for theor reply os 12 days.

 

Lets see what they come up with. It wil lprobbaly be rubbish and you can tell them to get lost. If they start ringing you, make sure you keep a detaied record of all calls - record them if you can. I know you have other things on your mind but fighting these muppets back can be quite thereputic.

[Cardiac55]

Hi there, first time poster to this forum.. Is it better to request the CCA and SAR together or request the later once the CCA has been received?

[steven4064]

Hi Cardiac

 

Welcome to CAG

 

You need to do the two requests seperately as they may go to two different departments in the company. It doesn't matter if they go in together - might as well since the SAR can take 40 days (if you are lucky )

[Angie2008]

Hiya guys and gals,

 

Right I have checked my paperwork and I have had threats of default notices being done but nothing from MBNA to say "you are in default" although I did get a letter from Optima Legal today which states that MBNA may have no alternative but to take you to court. And something to do with they may get a charging order to for the sale of my house - yeah right... I can see that one in the papers "Cancer patient thrown onto the streets by nasty horrible American CC company" ha ha.

 

It also states that I should contact MBNA as they may be prepared to come to some agreement that will freeze the interest etc, well that was done already so this person is not up to date with current info are they. Then they tell me to complete the Expenditure form and send it to MBNA, umm sorry mate done that already and they choose to ignore me....

 

Anyway I am going to request the CCA as mentioned above can someone please tell me if there is a template I can use for both of these letters. I have been trying to find them but I can't.

 

Thanks in Advance.

Angie

[steven4064]

Template letters are here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

[Angie2008]

Brilliant thank you.

 

I presume I now send this to the registered office of MBNA by recorded delivery.

 

I have a couple of questions if you don't mind.

 

Firstly by asking for this CCA after all the rubbish that has gone before including the letters I have written saying I want to pay but a smaller amount, can I do this without looking bad if it got to court?

 

Should I respond to the MBNA Solicitor telling him I do have an agreement but it is still too high as I have NO INCOME... Or should I just ignore him and wait for the CCA.

 

Also I have been paying the £1 I offered originally just incase they did try and take me to court. Should I continue to pay this or not?

 

Can I send the Subject Access letter later on as I don't have a spare £10 right now?

 

Sorry if you have had to answer these questions in other posts but I tend to get so tired I can't remember where I read something, at least if I ask it here I only have one place to look at.

 

Thank you all so much

Angie

[steven4064]

It won't look bad in court as they are supposed to suply the agreement if there is a court case anyway

 

Ignore him as the account is officialy in disput until they comply with your request (well after 12 days it is)

 

Keep on paying the £1 - there should only be one payment in a 12 day preiod anyway

 

You can send an SAR whenever you want

[Angie2008]

Thank you Steve

[davey77]

Horrified to read the treatment you've had but not surprised. Stick with Steven and others here, they will see you down the right road.

 

MBNA and the like used to get me down but these days i almost laugh at their letters so don't worry about them. It's all bluff and if you don't mind a little publicity one day then there's always a nice letter to a National Newspaper or two.

[underdog13]

Hi Angie,

 

just read your thread and I am more appalled than mere words can express. Where do these companies find such inhumane, unfeeling people? Down a sewer one suspects (with the rest of the detritus).

 

I got a letter from Optima legal today, as well. Must be their mailing day;)

 

Don't let these cretins get you down - you need to put all your energies into getting well again.

 

Wishing you a speedy recovery,

 

kindest regards,

Underdog

[Tawnyowl]

So sorry you are so ill if you get to tired and need any other help this charity may help you -if not its something to read-my view only.Speedy recovery Tawnyowl

CCCS - Free Debt Advice from the UK's Leading Debt Charity

[Angie2008]

Thanks guys,

 

I feel much much better since I found this site. I no longer feel alone in this as I have done for the last few months. Infact I have had and found more advice looking at this site than I managed to get out of the CAB in 4 visits.. Amazing when you think they are supposed to assist you....

 

Any way I have prepared my request for CCA to MBNA and will be sending that tomorrow via recorded delivery.

 

Shall we have a bet to see if I get a response before 24th December???

 

I am also going to work out a response to their last letter stating that I pay the £157 or else over the weekend so any suggestions would be greatly received, clean responses only please

 

Have a good weekend everyone

 

Angie

[flyingdoc]

To be honest - I wouldnt even dignify it with a response.

 

Also as far as I am aware the 12+2 is working days so you are going to be into the new year before their time is up.

[Angie2008]

Right the request for the CCA went off to them today. Let's see what happens now.

 

Have a nice weekend everyone

 

Angie

[pompeyfaith]

A fine job the CAB do but unfortunately as you have found out they are grossly under staffed and limited in the hours they are open.

 

They need a very lot more backing and money from the government specially in the recession we are in now.

 

Regards

 

Pompeyfaith

[pudsters14]

Hiya,

 

Just reading your thread... Look at MBNA going to a new all time low... however I'm not surprised. In one way every bone in my body is shocked to the core that you could be treated this way by anyone... but then on the other hand....I am not shocked that MBNA is treating you this way... what does that say about MBNA...

 

You are never alone... ever... especially when you have access to CAG. There are so many ppl on here that help with your fight... whether it be kind words, advice, opinions, jokes etc.... You'll find yourself (eventually) laughing at the things MBNA do to you... and eventually you won't be surprised anymore because once you read a few MBNA threads on here, you'll realise exactly what they are like.

 

If you ever feel too sick to do anything always ask for help....

 

MBNA haven't got a clue.... Don't hesitate to contact me if you need anything and I know someone has said it further up the thread but deffo read some other MBNA threads because you will understand more about them by doing that.

 

Pudst

x x x xx

[sillygirl1]

Just out of interest, have you contacted Macmillian Cancer Support, they have people who can help with these debt issues, and because they are a recognised agency the companies HAVE to listen - they also have access to legal people who can jump on the (dis)likes of MBNA.

 

They were set up to help people with cancer deal with the day to day problems - especially when undergoing radiotherapy and other treatment.

 

I don't have any links to them but if you google them you should find something.

[davey77]

Financial Help - Cancer Care Charity - Macmillan Cancer Support

 

"If you would like information about how to access benefits or questions about other kinds of financial support, call the freephone Macmillan Benefits Helpline: 10am - 5pm, Mon to Fri"

 

0800 500 800