MBNA trying to screw me back into debt

[jd09]

I have had a DMP, managed by CCCS, since Jan 2002. Until last month everything has been fine and I actually cleared two MBNA accounts a year early. However, two weeks ago I parted company with CCCS when an over eager counsellor demanded that I close my current account (10 years old) because I have an overdraft facility on it. I refused because this hasn't been an issue. I approached all my creditors and they all willingly accepted my offer to continue making reduced payments through standing order, except MBNA!

They have said I have 11 months of arrears on my DMP???? I made an offer to continue to pay at a reduced rate, and they said that as my offer is more than the minimum repayment figure on the card that they would now re-instate my account. The MBNA rep must think I'm stupid, beacuse what she meant is we will re-instate your interest on this account, 19.9% each month. I told her that I had been paying back more than the minimum repayment figure every month for the last 4 years, and had not been paying interest, so what has changed now? The difference is they can't bully CCCS, but they can bully me. So as of this moment my DMP has been removed and they are going to force me to pay interest every month. I am now going to build all of the debt back up that I have worked so hard to clear!! She said I can't complain because that is how credit cards work, and that I am not on reduced pay as I am paying more than the minimum repayment figure!!

Can anyone tell me how to fight this? I believe this to be a form of harassment too.

 

Edited to say, I just phoned and asked them if they would accept 40% of the amount I owe as a F&F payment. Told that they need to do a credit search on me? Why? No other creditor is being like this and I am ill about the fact they could now try to take my house off me when I have spent 6 years getting this debt down. I only owe them £1500 now.

[jd09]

Increased my offer to 50%, which they rejected. I was told that they will not accept any offer to close the account now, and that they will be restructuring my account backdating all interest payments to Feb 2008!!

Also, Catherine at MBNA advised me today that I can expect phone calls re arrears from now on. The whole account has been in arrears since 2001, so how can I be in arrears on my DMP payments?

 

These people are absolute sharks. I have written to FOS, and I have written to MBNA re-iterating my offers to pay, and my willingness to reach an amicable settlement in case this goes to court at a later date. Is there anything else I should be doing?

 

BTW, haven't recieved a statement of MBNA since 2007. Do I have to pay for them to send me statements to check what they have been doing to my account as their figures and CCCs figures don't agree?

[atwozee]

Have you requested a copy of your agreement via section 77-79 of the Consumer Credit Act 1974?

[underdog13]

cross posting - Atwozee beat me to it!

Edited December 22, 2008 by underdog13
cross posting

[jd09]

No I haven't done that because I had gone into debt and the interest was frozen after the first 12 months. I just wanted to pay them off and get the account closed. If I go down this route what am I looking for?

[atwozee]

Here's a basic template letter:

 

Your Address

 

Creditors Registered Address

 

Date xx/xx/xxxx

 

Dear Sir/Madam

 

Reference account number xxxxxxxxxxxxxxxxxx

 

I am making a formal request for information in accordance with the Consumer Credit Act 1974 (Sections 77−79), as such, I am entitled to receive a true copy of my credit agreement and any document referred to in it upon request. I enclose a postal order payment of £1.00 which represents the fee payable under the Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days of receiving this request.

 

I look forward to hearing from you.

Y

ours faithfully

Print Your Name

 

You also need to send it recorded delivery so that you have proof of posting.

 

When you get a reply let us know - not a lot you can do until then.

[underdog13]

If I go down this route what am I looking for?

 

If the original agreement did not contain the prescribed terms (which if it is an old account, it probably won't), then the debt is unenforceable.

[jd09]

Thank you. I was just about to send them another letter re-iterating my willingness to make an offer to get the account closed. I won't send that now and will send this request instead.

 

I hate MBNA now, so let battle commence. I am off to do a lot of reading up now.

[angel_1]

Thank you. I was just about to send them another letter re-iterating my willingness to make an offer to get the account closed. I won't send that now and will send this request instead.

 

I hate MBNA now, so let battle commence. I am off to do a lot of reading up now.

 

hiya jd09

hiya welcome to the mad world of mbna

 

i would suggest you look at others threads that have mbna as one of their creditors, and see what action they start to take or not take and who they then ask to contact you various people, ie rma, nco, aegis, etc ive them all

 

however, there is a thread from an ex mbna employee thats been useful, i will come back and post you the link in this post for you

http://www.consumeractiongroup.co.uk/forum/mbna/129987-i-used-work-mbna.html

 

until then read and learn as much as you can and ask any questions as they crop up you will get lots of help so dont worry

 

laters angel x good luck

Edited December 22, 2008 by angel_1
put link in for you

[underdog13]

"I hate MBNA now, so let battle commence."

 

Join the club!