My Grandmother v MBNA

[davey77]

I would send the SAR, as it can take ages to get anything back. (If you ever did send an LBA and take them to Court you would need figures and amounts to put in the LBA letter anyways.)

 

I would look into this method to try to get anything further from them which is more formal and, should they not comply or state they have supplied everything, can add weight to any future Court argument:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[***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!

[Pinky69]

I haven't seen an enforceable MBNA agreement yet. This is where you use the trump card of an unenforceable agreement. You tell them as the agreement is unenforceable they are in no position to negotiate and payment will be made at £65 per month, end of story. Pity your Grandmother couldn't stick it out but I understand how it would be too stressful for her. They will still call her to pressurise her to pay more unfortunately. I recommend the BT Choose to Refuse service to block their number. I use it and have had peace perfect peace ever since.

[harrassed senior]

When was the original loan?/Credit Card taken out?

 

You say you have CCA'd them, what exactly did you get back. Can you remove identifying details and post on here so others more knowledgable than I can give their advice.

 

Keep details of all telephone calls, and try not to speak with these people, just say everything in writing please and replace the 'phone.

 

I am a grandmother too, so I know that your Nan will be worried and just want this to end, but tell her, neither MBNA or any DCA's have powers to make her do anything, only a Judge in a Court can do that, and you are a long way from that stage at the moment.

 

As this account is still in dispute your Nan need not offer, or indeed pay, anything at this moment in time. She should certainly not be spending what little cash she has from Benefits to the likes of these people!

 

Hopefully someone with more constructive help will be along soon.

[citizenB]

Inca, I have merged three threads in respect of your Grandmother and MBNA.