MBNA again!

[Camaro3]

Hi,

I have (or rather had) an MBNA credit card. About 3 years ago i started having trouble paying the monthly statements and got the usual penalty charges which i now want to claim back.

 

The thing is, MBNA never closed the account and passed it on as i did not default on the account. I still get monthly statements from them telling me that my "account facilities remain withdrawn" and i'm still paying interest on the outstanding balance. Can they do this? any advice would be appreciated.

 

James.

[Camaro3]

Hi,

 

I hope somone can shed some light on my problem. I had an MBNA credit card, all went well until 4 years ago when i got into difficulties making payments. After months of harrassment by MBNA staff, i finally got back on track making payments.

My card was returned to MBNA and on my statement it now says "account facilities withdrawn". The question i've got is can they still charge interest on the outstanding balance even though i don't use my card? I'm going to try to recover late charges etc and would be grateful for any advice.

 

Cheers.

[Hopeful1]

Camaro, when i was reclaiming my OH's charges, i argued that the account was in dispute. In the end they agreed to refund the charges onto the acc. A small balance was left over which we agreed to pay on the condition that charges and interest added since the dispute had began were cleared as well.

 

We had also made a request for the agreement too, which they did not have. We did not make a fuss about this, but obviously they were aware they hadn't got one and hadn't complied with our request.

 

You just have to keep at these people. I found e-mailing lots of people at the same time eventually got their attention

[Camaro3]

I have, or rather had an MBNA credit card, and a couple of years ago got into repayment difficulties. This resulted in my account facilities being withdrawn. I am currently paying back MBNA (who are still charging intrest every month). I made a payment in June as usual and when my June statement came the payment was not recorded on it. I checked with my bank who confirmed that the payment (by debit card) had gone to MBNA but MBNA say they cannot find the payment.

 

Whether it is a coincidance or not i have not received a statement this month and after phoning MBNA i still cannot find out what has happened to the June payment. They have told me that they have applied late payment charges and interest on the missing payment (these will be deducted when they find the payment- i don't think so!) and are investigating where the money has gone which will take weeks.

 

Can anyone give me some advise on what i can do?

[Hopeful1]

Firstly, i wouldn't discuss anything on the 'phone unless you can record conversations.

 

If you can't keep it in writing and send everything recorded / special delivery. This will be evidence in your negotiations with them and any external authority you may need to complain to later down the line.

 

There are a few options:

 

1. Firstly i would write and ask for a copy of their complaints procedure.

 

When you receive it put in writing your issue with the lost payment and the addition of charges.

Enclose evidence of the card payment. Request the charges are refunded to your account.

 

2. In addition to this, you could, under seperate cover send a Consumer Credit Agreement Request.

Without a properly executed agreement, MBNA would not be able to enforce this debt. The ball would then be in your court as to how you manage the account.

 

3. Instead of or after no. 2, you could send a Subject Access Request if there have been a lot of charges added to the account. You can then reclaim these as credit cards and loans are not affected by the test case.

 

When you have decided what option to take let me know and i can post up links for template letters for the suggestions in nos 2 & 3.

 

Also, if you have having issues with telephone calls there is a letter to tell them to stop harrassing you.

 

Shout when you're ready.

 

Best wishes

[Camaro3]

Thanks for the advice Hopeful1, will write to MBNA straight away and let you know outcome.

 

 

Regards,

James

[Camaro3]

Just a little update, i have written to MBNA asking for explanation of missing payment and also copy of original signed agreement. Nothing returned so far except this month's statement. There is no sign of the missing payment and i have been charged for late payment again. The statement tells me to make an immediate (inflated!) payment by phone.

Do i bother to ring them or wait 'til they contact me?

 

Thanks,

James

[Hopeful1]

You must keep everything in writing so that you have evidence for any complaints you may make.

 

Did you write to ask for a copy of their complaints procedure? If not do this - have a look at my 1st post, point 1. Within that complaint you can include the unfair charges. You need to make sure you follow their formal complaints procedure. Once you have exhausted this, if you are not happy with the outcome, you can make a complaint to other authorities.

 

Also, did you use the CA template from this site, include a £1 postal order and send recorded or special delivery?

 

There, that's question time over.

 

For now

[Camaro3]

Thanks for the swift reply again hopeful1. What i should have asked is what do i do about the increased payment demands, do i withhold any payment to MBNA or carry on making increased payments untill the matter is solved either way?

 

Thanks

[Hopeful1]

Thanks for the swift reply again hopeful1. What i should have asked is what do i do about the increased payment demands, do i withhold any payment to MBNA or carry on making increased payments untill the matter is solved either way?

 

Thanks

 

Whether or not you withhold payments has to be your call. For the time being i would continue with the payment you can afford and ignore their demands.

 

If you have sent the formal CCA request with the £1, then the legal time they have to comply is:

 

12+2 working days - if they have not complied they are in default and you are legally entitled to withhold payment.

 

after an additional 30 days -normal calendar month - they are in default and would have to go to court to enforce the debt IF they found an agreement after that time.

 

Obviously, if you withhold payment, even if they haven't provided an agreement, they will bombard you with junk mail, the bottom line is they want your money! So be prepared!!

 

Doing battle isn't easy, but if you keep reading around the forum it will give you more knowledge. In my experience knowledge is power

 

I am going to find some links for you to read that may be helpful.

[Hopeful1]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/131982-basic-information-credit-agreement.html

 

That's for starters

[Hopeful1]

This was my 1st encounter with MBNA:

 

http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/99823-can-i-join-mbna.html

[Camaro3]

Morning all, just a little update. After my last post i have received a letter from Aegis BPO regarding a missing payment (ha!), they tell me that MBNA say i am a good client, will see the error of my ways and pay up immediately. I ignored the letter (although i've kept it) and, last night received a phone call from Aegis. I told them to go back to MBNA and check their records and then put the phone down.

Anyone heard of this company?

[Hopeful1]

Morning all, just a little update. After my last post i have received a letter from Aegis BPO regarding a missing payment (ha!), they tell me that MBNA say i am a good client, will see the error of my ways and pay up immediately. I ignored the letter (although i've kept it) and, last night received a phone call from Aegis. I told them to go back to MBNA and check their records and then put the phone down.

Anyone heard of this company?

 

I've never heard of them. I've done a quick search and can only see references to call centres not debt collection.

 

You are right to ignore them. Just deal with MBNA.

[Camaro3]

Hi,

i'm now counting down 'till the time for the CCA runs out. I had another letter plus 3 phone calls from Aegis demanding payment. Whilst at work received a phone call from MBNA themselves. To cut a long story short, they have found the payment and will apply it to my account removing all charges etc. I asked them to send everything in writing and pointed out that i was not impressed with the harrassment over the last two months.

To which they have offered me a £25 good will payment (ha!), i declined, took names and will write to complaints department.

 

Cheers,

 

James

[Camaro3]

I should have said I feel insulted by the offer after all the hassel especially when i was told this would go on my credit file.

[Hopeful1]

Hi,

i'm now counting down 'till the time for the CCA runs out. I had another letter plus 3 phone calls from Aegis demanding payment. Whilst at work received a phone call from MBNA themselves. To cut a long story short, they have found the payment and will apply it to my account removing all charges etc. I asked them to send everything in writing and pointed out that i was not impressed with the harrassment over the last two months.

To which they have offered me a £25 good will payment (ha!), i declined, took names and will write to complaints department.

 

Cheers,

 

James

 

Well done, James. Just make sure they do what they've promised.

 

If they have put negative info on your file as a result of THEIR mistakes, then you will certainly need to start the complaints process again to get it all removed.

 

Also, i'd forgotten that under new legislation, you only need to wait 12+2 days for CA requests:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial-7.html#post1636235

[Camaro3]

I'm getting impatient now, have paid this months min payment. Spoke to MBNA by to make said payment, they have altered my balance but not by the amount i expected and my minimum payment seems high. I will now send another complaint letter to Chester Towers!

 

As a thought, does anyone know where i can download a copy of terms and conditions? I need to have a look at these because i'm sure there must be something regarding harrassment or passing my details on when they have already received payment. By the way, still no appology letter,(as if i expected one!!!).

 

Thanks,

 

James

[Camaro3]

Imatient and annoyed!, i went home at lunch time and suprise, suprise, another letter dropped through my letter box from Aegis BPO. Despite my statement and their previous letters, my account is still in arrears and they want an immediate payment. We will wait for the phone call later (i feel a rant coming on).

 

Cheers

[Camaro3]

Well, the 12 + 2 days are up tomorrow and no reply to the CCA. Just received this months statement with adjustments which i'm sure are still wrong. I have received a letter today from the complaints department who have said they will look into the complaint and reply by October 10th.

 

I've no faith in MBNA (Who has?) and am resigned to a long war!!

[Camaro3]

It's Saturday and the 12 + 2 days are up and still no CCA. I have received a reply from the complaints department which i will try to upload later for viewing.

I've now got two questions:

(1). Do i send a non-complience letter and withold payment?

(2). The letter from the complaints dept. is far from satisfactory, they have told me that this letter is a final response and that they will not look at any other communication (usual spiel). They have told me to go to the Financial Ombudsman if i am not satisfied (which i'm not). Do i have to go through this process before threatening legal action against MBNA?

[Hopeful1]

Hi Camaro

 

Sorry, i've not been around much this last week or so.

 

If MBNA have said that is their final response i would indeed compile a complaint for the ombudsman.

 

Include copies of correspondence and logs of 'phone calls.

 

You complaint should include the 'missing' payment and the fact that MBNA have not complied with your CCA request, therefore they should not have passed the account to a 3rd party (especially as the account is in dispute anyway). Despite all this you have endeavoured to come to an agreement with regards to repayments. You would like to see the refund of all charges plus interest and that MBNA cease to continue adding interest and charges.

 

Obviously you are entitled to withhold payment but i always try to box clever. FOS etc, in my experience, are far more responsive if they do not feel you are simply trying to avoid debt which is obviously not what you are doing. I always try to make the creditor look as unreasonable as possible and myself very angelic (i can get away with it on paper ).

 

As for Aegis, write and tell the account is now being dealt with by FOS and that you felt it was only fair to let them know that all correspondence they send you will be forwarded to FOS and added to your complaint. Usually i am met with resounding silence when i do this

 

Also, look at the link in my reply at post 8. You only need to wait 12 days under the new directives. It may be worth adding some of that info to your complaint too as it is law not just guidance.

[reallymadwoman]

1. It's up to you, but MBNA know the law (or at least they should!) so you don't need to remind them. If you chase, the chances are they'll have a really good look and might find your agreement. If you don't chase, they're just digging themselves into a bigger hole with every day that passes. You are entitled to withold payment until they send the agreement, again it's up to you whether you do or not.

2. If you want to complain to the FOS, there's a guide here http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html. It's aimed at complaints about DCAs, but can be adapted to suit. Be aware that it's currently taking at least 6 months for anyone to even look at your complaint. You don't have to go through the FOS before taking legal action, but you would need to send a 'letter before action' to MBNA clearly identifying exactly what you would be claiming and why. You would also need to give a time limit, 14 days would be reasonable, for them to reply.

[Hopeful1]

Hi RMW was going to look for that link!

 

Also, Camaro, here's the other link i said i'd post up:

The Consumer Protection from Unfair Trading Regulations 2008 No.

[Camaro3]

Thanks everyone for the replys. Your right of course i'll sit down, take a deep breath and construct a letter for the financial ombudsman detailing my complaint and the attitude of MBNA. Will keep in touch, many thanks all!!!