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Me against them v's MBNA Credit Card


Braveheart12
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Just received another letter from MBNA offering a higher partial settlement figure for the MBNA account and for the Abbey account they own.

 

Just waiting for the default notices to land on my door mat! Hopefully they'll mess it up!

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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  • 4 weeks later...

Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Can you upload a copy for investigation.

 

 

I am very interested in your case. You appear to have sent off for your CCA around the same time as I did. It has taken months for them to find my naff version which I have told them is unenforceable. I have received threats but not things are very quiet. Just waiting form my DN to drop throuh the door.

 

Can anyone also confirm. Once an account is in dispute the card company is not supposed to apply interest and charges, therefore the amount outstanding, if I am correct is not that which they claim is it??? THe cc will try to keep reapplying interest to the balance and default charges but surely they are not applicable. Can anyone confirm??

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Can anyone confirm if this account could be sold to a DCA if I paid the short settlement account?

 

Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

 

Please scan it in and post it up so we can see it. Remove anything that will identify you.

 

As far as I am aware a DN asks for arrears not the full amount. That would be a formal demand.

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I see they have said that paragraph 8f gives them the right to send this to you..... however I can see no paragraph 8f in the document you have been provided with....

 

 

 

 

 

 

Spoke to soon, CCA has arrived. It must have an online application. The CCA has very little spefic information. My current T&C's also came with the CCA but there wasn't any original T&C's provided? can any give me any advice on the enforceability of this CCA.

 

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Thanks

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Finally my DN has arrived today. MBNA say I have to pay the full outstanding balance to remedy before the 29th August!

 

I thought it was only the amount of over your limit or your arrears; which ever is greater. Not the Full ballance!

 

They say "You have repeatedly broken your agreement with us by failing to make your minimum payments. Paragraph 8f of you CCA provides that, subject to sending you any notice required, you must pay the whole balance if you repeatedly break this agreement and fail to sort out the matter. A stop has been placed on your card and a defualt has now been registered against this account at the CRA's."

 

Can anyone confirm that this DN is dodgy so to speak! Thanks.

 

Please make sure you keep the UKMail envelope the Default Notice was posted in. ;)

 

Have a read of this BRW post on Default Notices --

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2166205.html

  • Haha 1

 

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Just dug out a copy of my most recent T&C's which came with my CCA request. There is a paragraph 8f which states:

 

Subject to sending you any notice required, you, or your legal representatives, must immediately pay your whole balance (icluding all interest and charges and fees due).

 

Does this make any diiference? as I have not signed for these T&C's!

 

Can you explain why do you think the CCA is duff?

 

I have the envelope filed, thanks! It has UK Mail express parcels & mail (S postage paid GB, C9 10022.

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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so, do I understand this right according the BRW, by demanding the full balance they have actually served a termination notice????

 

 

So faulty DN and Termination Notice in one go.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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"If they fail to do the Default Notice and Termination stages correctly, then they blow their right to enjoy s87. That then limits them to claiming only what was actually due before Termination, such as the Arrears. Even then, the Arrears are only due if they have an original properly executed Regulated Credit Agreement. No Agreement, then even the Arrears cannot be claimed."

 

and if this is so then they are not entitled to claim monies back????

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give you the claimant, a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

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so can I ask the question once again.... arrears. When an account is in dispute, the originator should not apply charges or interest, but they still insist on doing so and sending out statements. So if you have missed say 4 or 5 payments whilst the account is in dispute they will claim the arrears are X (X being the minimum payment plus interest and defaut charges and over limit charges etc), when in fact because of the above they shouldnot charge the interest or default charges or over limit charges, so infact the arrears are just the minimum payment due??

 

Not that it really matters when they have c**ked up the DN and Termination Notice on an already naff CCA. But I just wanted to get the formalities clear in my head.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Wow, thanks Cerb, someone has had their 3 shreddies this morning I can see!!! ;)

 

 

I'm almost ready now for when they send me mine.

There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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  • 2 years later...

Its been a while since I last posted as I have not needed much advice or support over the 18 months. I get the occasional threatening letter but seen it all before.

 

However I was very suprised when I checked my Credit File today and found that MBNA updated my credit file with my account as being Settled in Jan 2012. My file now shows a Default / Delinquant Balance of the original defaulted, approx £4.5k. The current balance shows as £0.00 (ZERO!). All missed payments have also been removed, with exception of one defualt on July 2009!

 

This is very strange! Has anyone else witness this?

 

Have they wrote it off!?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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I see! Yes you are correct, I've just noticed the new DCA on my Credit Report!

 

Arrow Global Ltd now own it and updated my file in Feb 12.

 

Does this change any with the Default Notice and Termination situation?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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Sorry, should have asked if by selling the account MBNA have terminated without proper DN, therefore the account is now unenforceable?

HSBC - Successfully Claimed back Charges & Interest £1265

Barclaycard Successfully Claimed back Charges & Interest £400

Abbey - Successfully Claimed back PPI £960

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