My Grandmother v MBNA

[***inca***]

My nan's balance with them is around the 6,500 mark. Her limit being 7,000. They have told her she is living beyond her means and have stopped the card.

 

Last month she received her statement and the interest has gone up drastically, so much so that she can't afford to make the repayments. My father (without me knowing) wrote a letter to MBNA on her behalf saying that she is in difficulty and that would they accept payments of 105. per month and could they please freeze/lower the interest.

 

She has been waiting over two weeks for a reply. In the meantime they haven't stopped calling her. She now tells them she won't confirm any security details and puts the phone down (on my instruction) but they are still calling.

 

I CCA'd them yesterday for her and sent a telephone harrassment letter.

 

This morning she received a reply to her original 105 offer letter (which I still think is far too high an amount for her to be paying when she is on income support, disabled benefits etc) and she is now very worried. I have reassured her as best I can.

 

The letter states:

 

If she goes onto a reduced payment plan it will affect her credit rating for the entirety of the debt.

 

When she has paid the amount off it will remain on her credit file for 6 years.

 

She will not be able to obtain credit for the smallest of things, eg; mobile phone contract.

 

 

It then waffles on a bit and lastly says that they want her to ring them (despite her saying verbally and in that orginal letter to them that she will communicate in writing ONLY) to discusss a payment plan, and that she must do that within 2 days.

 

Needless to say she is worried, and I want to go and thump the buggers for worrying my lovely nan.

 

I am of the view that she ignores the bullying letter and waits for see what happens with the CCA req.

 

Do you agree? I am worried for her

[***inca***]

The legendary Fuzzybobble

 

Thanks for your reply, I'll tell her not to worry or panic about it.

 

Hopefully they won't be able to come back with anything enforcable! They were also asking in the letter for details of her incomes, who she owes money to and how much etc. She is worried that they will then get in touch with other people she owes money to (catalogues etc) and that they will take away her credit and she won't be able to buy so much as a pair of knickers ever again (her words, not mine lol) ...

 

IF the agreement is enforcable does she have to send an expenses sheet to them, and if so does she have to list creditors by name?

[***inca***]

Thanks for the link, I recognise the letterheads from the correspondence my nan has.

 

I'll tell her to fill nothing in at all if they send her anything else. It's all sent to worry you into paying isn't it - did try explaining all of that to her, bullying tactics etc.

 

I cannot believe they would have the cheek to ask for all that info! Then again, after being on these forums, I shouldn't expect anything less really

[***inca***]

Avoid talking to them on the phone, unless you're recording it and using a judge judy soundboard. Then it's fine.

 

I found a George Bush soundboard the other day, very entertaining

 

One thing you can pull them up on when they send it, is the secured loan application to sort out your credit card arrears. It's against OFT guidelines to tell you to obtain more credit to pay them. Make sure you complain to both MBNA and the OFT when the time comes.

 

Would they really do that?! Maybe they are worried as she's 76 now

[***inca***]

Oh really....

[***inca***]

Thanks for that, will bear that in mind for future use.

 

I just wish they would ring her when I am there with her!

[***inca***]

That's a good point there, will do that.

 

Cheers!

[***inca***]

I think this could be it, let me know what you think!

 

Photocopy of small slip they sent

 

 

Close up - left

 

 

Close up - right

 

 

Then there's a photocopy of 'Financial and Related Conditions' - left side

 

 

And the right side

 

 

She has then been sent what seems to be a PC print out that's all of her details from when she applied, it seems she did it on the net. It gives her bank name, employment, address, email Income etc (I haven't scanned this, all it is are personal details and what she filled in on the net.

 

She has also been sent current terms and conditions (It says this is the agreement for her to keep on the top)

 

 

 

 

 

 

What do we think? My face dropped when I opened it

[***inca***]

I did it on my phon, hence why it's all a little dodgy When I use the flash it just puts a blob of light on it - maybe I could use photoshop on it?

 

Yes, it was done on the internet. My dad filled it out for her.

 

Thanks Davey - are you basically saying that as there are not two signatures there that it's not the correct documentation?

 

What should our next course of action be?

 

She's 76 and is very worried about all of this, they were calling her constantly but stopped after my second telephone harrassment letter.

 

She has visions of being carted off to prison and bailiffs coming and taking all of her bits and bobs

[***inca***]

Thank you. I have done my best to reassure her and have explained to her how things work and that she shouldn't be worried etc.

 

You think I should write to them asking for more or send the dispute/two signature argument as you have suggested on my Cap One and Barclaycard threads?

[***inca***]

Hi Davey, have you had any luck with your MBNA?

 

I have the dispute all ready to send tomorrow (if I can get to the PO past the snow!) for my nan...do you think I should send an Subject Access Request too?

 

Edited to add: Could they say that the date stamp/signature is all they need to put on it from their side?

[***inca***]

Hi Davey

 

(Thank you so much for your help on my threads by the way, you're a star)

 

I am forgetting I have already sent MBNA a dispute letter, and in reply to it was sent all of the jargon above.

 

Should I simply send an Subject Access Request to them?

 

Actually I am going to write to them asking them if that is all they have with regard to the full original agreement, if they don't play ball, then I shall hit them with an SAR.

Edited February 3, 2009 by ***inca***

[***inca***]

My nan has been in a bit of bother with MBNA recently, I have sent CCA requests and default letters on her behalf. They have sent a hotch potch CCA to her which is when I then sent the default.

 

They are now getting very nasty and my nan is worried so pleaded with me to write them a letter offering them reduced payments of £65 a month.

 

I wrote to them and did this for her under protest!

 

Anyway yesterday they rang her (I have sent telephone harrassment forms and they haven't rung for weeks so she thought it was safe to pick up the phone) and said that they wanted to come to some kind of agreement. My nan then said that it was me and her daughter that were dealing with it and MBNA asked if either me or my mum could speak to them.

 

Well my mum spoke to them today and they said that they would be prepared to come to an arrangement with her but first of all they would need all income and expenditure details. My nan does not want them to see these details - she can afford more than £65 a month but wants to be able to live comfortably so obviously wants some money for herself (she is on income support).

 

My mum said that she thought only a judge could insist on seeing I&E forms and that we wouldn't be sending any. MBNA said that they can insist and so can banks as it's special cirumstances.

 

Can they insist in I&E forms??

 

Also, when my mum said no to sending them they then said that they would be passing the matter on to their litigation department.

 

Now, it this just two blokes sat in a different corner of the MBNA office? or is it more serious than that?

 

What would your advice be? My nan just wants this over and done with, she has said there is no way she will step into a court room, she is too frightened.

 

I have been waiting for them to pass it on to a DCA as I know they will take the £65, but MBNA seem to be persistant blighters!