Mikey v MBNA

[Mikey_London]

I sent them the dispute letter re the dodgy CCA. My experience previously is that sending a dispute letter is followed by a wave of activity from them.

 

But I also sent an offer of payments. I had trouble getting my head round it as it seems very contradictory. But I don't think normal rules of communication apply with MBNA.

 

I think what I'm saying is that I'm up for responding to threats and challenging unfair practise and interest rates.

 

But i also want to pay them.

[bradfordlad]

Hi Mikey - just wanted to say I'm in exactly thew same boat as you. Just found your thread whilst doing my pre-CCA Request research!

 

I agree that they don't stick to the normal rules of communication, so I say fight fire with fire!

 

Good luck, and keep us posted on your progress.....

 

BL

[Mikey_London]

Thanks for responses.

 

The date of the Default Notice (21 Dec) has mow passed so I'm preparing myself to hear more in the New Year.

 

I have written to MBNA twice making an offer of reduced monthly payments leading to a DMP. I'm offering 70% of the minimum payment. I have also sent them a schedule of what I'm also offering to my other creditors. The amount I have for creditors is 1/3 of my take home pay (rent is another 1/3) so they can see there isn't any more available. I'm trying to arrange a DMP and am finalising my budget this week. I should mention I wish to make repayments of what credit I have had but I am not willing to accept grossly inflated interest and threats nor pay more than I can afford.

 

I have also sent them a letter disputing the CCA I received. I know this doesn't really bode well for negotiation but I felt I had to try and challenge the DN somehow. I am advised that the Default Notice is not correct re dates/notice. How do they manage to get these wrong??

 

Is anyone able to give me an idea of MBNA's likely action at this point? From reading other threads there seems not to be a pattern.

 

Will they go for a CCJ or sell the debt on I wonder? Balance owing is £12K and I have no assets to speak of. Does this make them more likely to accept reduced payments than if the balance was smaller?

 

Thanks

Edited January 10, 2010 by Mikey_London

[saddler68]

Just read Newblokes posts. Some very interesting thoughts and a boat load of new angles. I like it.

[ace55]

Has anybody tested this? New agreement to be signed for every hike in limit? If it were the case surely they are stuffed. They couldn't increase people's limits fast enough during the boom.... and I cetainly never remember being given a new agreement to sign.

How can we verify this?

[Mikey_London]

Hi, I'd appreciate any thoughts on the above.

 

MBNA have gone very quiet - I haven't heard anything since the DN (although Xmas intervened). To me that doesn't bode well but I have written to them offering reduced payments.

[newbloke]

re increased limits, and amendments to charges, the following has been cut and pasted from si 1983/1553(agreements regs), hope this is the proof you were after, and yes they are royally stuffed.

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)

1983 No 1553

Consumer Credit (Agreements) Regulations 1983

Made - - - 24th October 1983

Authority: Consumer Credit Act 1974, ss 60, 61(1)(a), 105(9), 114(1), 127(3), 182(2), 189(1)

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/1 Citation,

commencement and interpretation

1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Consumer Credit (Agreements) Regulations 1983 and shall come into

operation on 19th May 1985.

SCHEDULE 8

REGULATED MODIFYING AGREEMENTS

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI

1983/1553)/SCHEDULE 8 Regulated Modifying Agreements/Part I Information to be Contained in Documents Embodying

Regulated Modifying Agreements Varying or Supplanting Earlier Credit Agreements

Part I

Information to be Contained in Documents Embodying Regulated Modifying Agreements Varying or Supplanting

Earlier Credit Agreements

Regulation 7(2)

7. Modifying agreements under which the

provisions relating to any credit limit under an

earlier agreement for running-account credit are

varied, including a change to or from there being

no credit limit.

The varied credit limit under the modified

agreement expressed as--

(a) a sum of money;

(b) a statement that the credit limit will be

determined by the creditor from time to time under

that agreement and that notice of it will be given

by him to the debtor;

© a sum of money together with a statement that

the creditor may vary the credit limit to such sum

as he may from time to time determine under that

agreement and that notice of it will be given by

him to the debtor; or

(d) in a case not falling within head (a), (b) or ©

above, either a statement indicating the manner in

which the credit limit will be determined and that

notice of it will be given by the creditor to the

debtor or a statement indicating that there is no

credit limit.

Variable rates or items

18. Modifying agreements which are required

under paragraph 14, 15 or 16 to disclose an APR in

relation to the modified agreement and under

which the rate or amount of any item included in

the total charge for credit in relation to the

modified agreement will or may be varied (other

than a variation in consequence of an event which

is certain to occur)

A statement indicating that in calculating the APR

in relation to the credit to be provided under the

modified agreement no account has been taken of

any variation which may occur under that

agreement of the rate or amount of any item

entering into that calculation.

[Charges

22. Modifying agreements under which any

provision for charges under an earlier agreement

are varied, including a variation to or from there

being no such charges.

(1) A list of any charges payable under the

modified agreement to the creditor upon failure by

the debtor or a relative of his to do or refrain from

doing anything which he is required to do or

refrain from doing, as the case may be, or a

statement indicating that no such charges are

payable as the case may be.

(2) A statement indicating any term of the

modified agreement which provides for charges

(a) not required to be shown under (1) above; or

(b) included in the total charge for credit.]

 

the bit relating to charges was introduced in 2005, a whole year before the oft imposed their charges

[Gazza112]

Hi, I'd appreciate any thoughts on the above.

 

MBNA have gone very quiet - I haven't heard anything since the DN (although Xmas intervened). To me that doesn't bode well but I have written to them offering reduced payments.

 

Hi Mikey

 

Your find MBNA don't like talking about reduced payments, as soon as you mentioned to them about can't affording the minimum payment.

There probably in the process in selling your dept on, as that's there norm. You can either sit back and let them play the next move, or write them a letter saying this is the amount i can only afford take it or leave it.

The DN as explained is dodgy.

 

Gaz

[Mikey_London]

Thanks Gaz. I read elsewhere that MBNA tend to Default and sell on after say 7 months irrespective, and that time scale would be about right with me too.

 

I need to rememeber to put what I want first and think in terms of what outcome is best for me. And to take it one step at a time.

 

I have written offering reduced payments and am also trying to set up a DMP through a debt charity.

[vint1954]

They tend to default after 7 months. That is their norm.

 

They seem to vary their approach after that. Sometimes they sell on and sometimes persue through the courts via Optima and the like.

[Mikey_London]

Well,

 

I sent them the dispute letter - template above - and they have responded, which did surprise me a little.

 

They suggest that my objections are not well founded because the copy (another enclosed) "clearly contained all the terms and conditions which were legally prescribed at the time it was executed".

 

They also include an information sheet which basically gives some answers to possible questions like 'how can I be satisfied the agreement was properly executed', And presents an answer which assures how seriously MBNA takes its obligations and how perfect the agreements are!

 

Would be greatful for any ideas on how to keep the challenge going - see my earlier post for links to scans of the agreement. Legibility has been mentioned as an issue. I'm trying to dispute becuase MBNA have declined my DMP because the 'debt has been transferred'. Have yet to hear from the DCA and I will post about that in due course no doubt.

 

Thanks

[Mikey_London]

Hi,

 

If anybody could suggest something re the above that would be great.

 

Thanks,

Mikey

[Mikey_London]

I've been told by the org I'm setting up a DMP with that MBNA have declined because the 'debt has been transferred'.

 

Guess that means they've sold it on to a DCA. Could anyone advise if these people might be amenable to payments through a DMP. I understand it's always better to deal with original creditors. I'm paying all I can afford and have few assets so the DCA wouldn't gain advantage by getting a CCJ etc.

Edited February 2, 2010 by Mikey_London

[Gazza112]

Hi Mikey

 

Yes, that's MBNA for you they've sold the dept on.

I would sit backand see who they have sold it on, as you can't do a lot till you find out who the DCA is.

 

Gaz

[vint1954]

Your DN is faulty on dates. You need to wait for them to ask for the ballance in full, sell on or issue county court proceedings. Then you can accept their unlawful termination.

 

Was the amount stated in the DN for arrears or the full amount of the debt?

[Mikey_London]

The DN says:

 

"In order to remedy this breach we must receive a payment of by 21 December 2009"

 

Your account balance is currently ".

 

Thanks

[vint1954]

Have they issued anything since, such as a demand for the full ballance.

[foxyflugel]

Mikey

 

That is exactly what MBNA have sent me - but mine both have both been torn off on the same side - ie, can't have been from the same sheet. They also sent me a copy of T&Cs - but they state £12 charge - so they are not the actual ones at the time of the agreement - 1997. I have a cmc dealing with mine - but tbh - I am getting really annoyed now. They said to me when I chased them (been ongoing from Feb 09!!) that MBNA and Abbey had sent agreements and everything seemed ok - Has anyone else felt that they were being fobbed off by cmcs?? As they obviously aren't!! I will be subscribing to your thread and taking them on myself by the looks of it - and want a refund from the cmc!!!

[bradfordlad]

Hi, me again from post #6! Just wanted to say that I did my CCA request, and they've not responded at all - not even sure they've cashed the £1 cheque I sent!

Still, they've definitely had the letter as it was signed for...

 

At least you guys got a reply!!!

 

Cheers, BL

[Mikey_London]

Hi vint1954,

 

No nothing received since. The full balance is £12,000 so they'll have to wait. The DMP amount will be paid to them until they say otherwise.

[Dotty50]

Hi, me again from post #6! Just wanted to say that I did my CCA request, and they've not responded at all - not even sure they've cashed the £1 cheque I sent!

Still, they've definitely had the letter as it was signed for...

 

At least you guys got a reply!!!

 

Cheers, BL

 

Don't bank on it! They have just responded to me saying that they have not received my letters, this has taken them since April 09.

 

When did you send your postal orders? You can check if they have been encashed.

 

Details on my thread here. http://www.consumeractiongroup.co.uk/forum/mbna/201854-mbna-ex-hfc-beneficial.html

[Jeezman]

Sorry to jump on to this thread but hopefully someone can help me.

 

After 2nd request for a CCA from MBNA(Virgin Cards) I finally got this today. I am inserting a link to photobucket where I have uploaded the CCA document they have sent. Could you please advise if it is enforceable.

 

mb-na pictures by Jeezman2012 - Photobucket

 

In the cover letter they have said that enclosed are -

 

a. A copy of the executed agreement with tick box as signature (the actual document looks as if it has been created on Word - it is on seperate sheets)

b. Up to date terms and conditions (again photocopies with no signatures but lots of small print. And they do mention variable rates everywhere)

c. Photocopies of recent statements)

 

My questions are as -

1. It does not state a credit limit (just says - we will decide whatever) is it enforceable?

2. As it states variable APR is it enforceable?

 

Also as this application was done online, does tick box make it a legal document?

 

Thanks in advance

[barryhep]

Help i am in the same boat i asked for a cca and got sent the same a copy of the executed agreement - stating my lender is MBNA the agreement was tick boxed as of 25 jan 2006 all references were made to MBNA however my original card was alliance leicester I am not sure wether this document is legal or not can anyone help??

[Mikey_London]

Jeezman, It would be very ungracious of me to complain that someone had 'jumped in' on a thread I started. But there's a reason that the wise ones recommend starting your own thread for your own questions.

 

I think these are:

1. The chances are that there will be many many posts before you reach a point where the forum ceases to be useful or you have nothing to contribute.

 

2. The flow of posts related to the original poster gets blocked when others jump in with their own stuff. And this thread is no longer attracting the responses I desperately need. I am actually trying to avoid bankruptcy. So perhaps I'll start another thread?

[haggis1984]

Well,

 

I sent them the dispute letter - template above - and they have responded, which did surprise me a little.

 

They suggest that my objections are not well founded because the copy (another enclosed) "clearly contained all the terms and conditions which were legally prescribed at the time it was executed".

 

They also include an information sheet which basically gives some answers to possible questions like 'how can I be satisfied the agreement was properly executed', And presents an answer which assures how seriously MBNA takes its obligations and how perfect the agreements are!

 

Would be greatful for any ideas on how to keep the challenge going - see my earlier post for links to scans of the agreement. Legibility has been mentioned as an issue. I'm trying to dispute becuase MBNA have declined my DMP because the 'debt has been transferred'. Have yet to hear from the DCA and I will post about that in due course no doubt.

 

Thanks

 

Hi

 

Looks like you're doing the right thing just sitting tight on this one for now. Have they defaulted you and sold to a debt collector yet?

 

And this thread is no longer attracting the responses I desperately need. I am actually trying to avoid bankruptcy

 

What exactly do ya need/advice help with mate?