Very strange behaviour from MBNA

[Coactum]

Letters from the three, a phone call from Clarity and a silent call.

 

All letters suggest legal action will follow. I've replied to all reiterating my position that the accounts are in dispute.

[Hussy786]

Hi guys

please keep us posted.

I have noticed that lot of caggers seem giving in. please dont and we all need to fight the injustice and stick together and need to encourage those who are feeling low.

[Deb T]

It's a myth re caggers giving in, the more I read the more I see it as 'us against them' and as always it's you win some you lose some but rest assured if it was not for this website the DCA and even the original creditors would be having a field day with those less informed myself included in the latter.

 

DCA's have a job to do, alas most of them seem to do it rather badly and usually at the expense of the debtor...this website seeks to redress the balance and to give the woman/man in the street a voice where once they were silenced....

 

I don't see it as 'giving in' but more that some people usually through no fault of their own tend to become disheartened, debt by it'#s very nature is disheartening...it's par for the course ...

 

Money most certainly is the route of all evils, since I have none any more I have lived a much more enriched life, no longer am I wasteful, no longer do material items have the worth they once had with me, I no longer crave or covet them....life is good, yes I'm in debt and of course I'd like to be out of it ..but that's not going to happen any time soon...so, I'll carry on regardless.

 

 

Hi guys

please keep us posted.

I have noticed that lot of caggers seem giving in. please dont and we all need to fight the injustice and stick together and need to encourage those who are feeling low.

[exchange]

Activity on here does seem to be less but I stumbled into this website by accident, no one recommended it to me or pointed me towards it. But then by the nature of the problems we all have they are very personal and not a subject you tend to discuss with all and sundry.

CAG will get donations from me at the end of all this and I hope others remember that this site needs support but it would be helpful to others if CAG had some sort of link with the Citizens Advice Bureau for example, but doubt this would be possible.

[Coactum]

I agree with deb-t that without this site many of us would be lost. I contributed what little I could afford a few months back and will do so again as and when matter improve. Sadly most users of this resource are all flat broke and so as exchange says it is worth maning a contribution no matter how little to keep the site going.

[Coactum]

Jings, crivens, help ma boab! Exchange, I just looked at your footnote. There was me thinking I had a fair load of debt to contend with and then I saw your list. Mine is almost a tiddler in comparison!

[WelshMam2009]

Jings, crivens, help ma boab! Exchange, I just looked at your footnote. There was me thinking I had a fair load of debt to contend with and then I saw your list. Mine is almost a tiddler in comparison!

 

I started off with circa £90k debt in 2006...it's easily done, especially when you have a high paying job.

 

I just wish I'd discovered CAG then although, at that time, the emphasis seemed to be more on reclaiming bank charges rather than challenging credit card agreements as I recall.

[exchange]

Hi Coactum, as Welshman2009 says, it is easy to build up debt when you are earning well (ironically) as everyone was throwing credit at me and I could not have forseen the events of the last year which have transformed my situation. At least it can only get better, I hope. I can also say I have learned my lesson and now avoid any form of credit like the plague.

[WelshMam2009]

as everyone was throwing credit at me

 

So true Exchange...I finally faced up to my problems when I got to £90k (was honestly too afraid to add it up before!! ) HOWEVER, the total credit limit on my cards amounted to circa £160k....so in theory, I could have kept on going!

 

I would never have sat down and applied for a loan of £160k and a lot of this available credit accrued due to limits automatically being increased by the lenders as opposed to being requested.

 

I accept that I was wholly irresponsible but equally, when I've applied for a credit limit of say £5k, I believe it should stay fixed and not be increased to almost £20k over several years, without being requested.

[blueotter]

I was in the same situation and i was effectively borrowing from one card to service another,originally i had a few on low fixed apr's but a missed payment by a few days ended one of those deals.

Eventually I had about 9 cards and like I said borrowed from one to pay another but 3 of those cards were with mbna and hfc who hiked interest rates to 34%.

One day i totalled up what was owed and had the shock of my life,60K+ ,just realised it wasn't getting me anywhere and with ill health I lost a p/t job so something had to give.

Tried to negotiate payment plans but a few weren't interested so I decided to take them on instead,they just used me as a cash cow for years and years ,lending unrealistically and at excessive rates and in my time of need turned their backs on me and hung me out to dry.

Now I'm defaulted.credit rating busted and living in rented accommodation,lord knows how I'm going to fare getting references for a new place.

But I wake every day,my partner and I have a baby on the way,they can't hang me and if they want their day in court I'll gladly give them one.

I owe so much to this site and the people on it ,gotta stick together .

[pompeyfaith]

Looks like our loverly friends at MBNA are going to the wall with many redundancies.

 

Bank of America buys MBNA in $35bn deal - Business News, Business - The Independent

 

Maybe a good time to get some EX-MBNA employees on board to spill the beans

 

Oh and no doubt quite a few more agreements will be lost in the transition

 

PF

Edited September 16, 2009 by pompeyfaith

[Sunshine54]

hi

 

I tend to stay in the Legal Forum as thats what I found when I Googled for advice re County Court Claim (first one ever!) in January this year.

 

I must say that this site is fantastic and the people who have helped me over the past months, asking absolutely nothing in return and often making me laugh in the process, have been tremendous.

 

Like most of the other contributors to this thread, I used to earn lots and spend a little more (oops it shouldn't be that way round should it??) but never missed a single payment until I was made redundant. When I finally got another job it was on a significantly lower salary and things deteriorated steadily until the end of last year when I realised that I simply couldn't afford to live and pay my monthly repayments.

 

I don't think that some people realise that it's quite difficult to default on payments when you've spent years making sure that everyone was paid on time and in full. however, once I stopped and added up how much I owed and how much the monthly repayments were, I was both horrified and, in a perverse way, relieved that I was finally going to sort it out.

 

Little did I realise just how much of a p***s take had been going on for years with PPI, interest rates escalating and bankers offering me loans to clear credit cards and reduce monthly payments only to offer me credit cards again in the same month (and each consolidation cost me hundreds or thousands in lost PPI premiums)

 

right now I've got one loan going through Court proceedings, one agreement is completely unenforceable, one is 'missing', one is on hold (I think pending the outcome of the court case as it's the same lender) one has just been defaulted by MBNA and an overdraft is made up completely of bank charges that I'm reclaiming!

 

ok I've got to live on my salary and got absolutely no access to credit at all but it feels fine. The site and the wonderful site team and other caggers have educated and assisted me and, whatever the final outcome of these cases, I'm really pleased about what I'm doing

 

crikey - almost Mills and Boon stuff there. just need some heaving busoms and throbbing loins and we'd have it all

[pompeyfaith]

That is nice to here Sunshine sometimes money is not the be all i for one am happier now than i have ever been, so long as i have enough to cover my regular bills that is all that matters.

 

I take comfort in my family and friends plus my border collie.

 

Now on a side note why do you think the PPI Premiums are lost ?

 

Regards

 

PF

[Sunshine54]

hi PF

 

well, I'm counterclaiming for two lots of PPI now and the agreement that is unenforceable has PPI but as they're not chasing me for the debt I haven't got around to asking for the PPI refund. There was PPI on at least 4 credit cards that I have cleared over the past 9 years (I am hoping that I can reclaim some of the more recent charges but need to SAR to get copy statements)

 

It's quite dreadful really. I paid PPI on two credit cards and a loan with the same lender and when I was made redundant in 2006 they said 'oh sorry dear, you can't claim if you don't receive unemployment benefit'. I was so naive that I just said 'that's unreasonable, I didn't realise that' and accepted it (give me a good shake someone!)

 

we live and learn - eventually

[exasperated]

Hi Sunshine54,

I am in the same situation as you, my whole world turned upside down when I got 'done' of a business colleague.

I turned to the credit suppliers with whom I had PPI and got the same reply back. I am now learning what my next step should be but why should we pay up to £40 or more per month for no protection, it simply should not be allowed.

That said now we are 'caggers' it isn't..........

Exasp

[Coactum]

I must express that I was not casting stones at Exchange in my earlier comment. I do understand how these debts rise. Being self employed my cards have often been used as an essential lifeline and like blueotter and so many others at one time I was using one to fund the other but had not run all to the limit when I woke up to the fact that I was merely aggravating the problem by continuing to use my cards in this way. Had I run all to the limit it was just over £100K added to that I had both business and personal overdraft facilities providing a total unsecured debt facility of just under £125K.

 

Like so many others I too found myself at this forum through the total frustration of trying to reach agreement with those creditors and whilst my debts at that time were circa £48K the moment I stopped paying and penalty charges and interest were applied this swiftly rose to around £70K but I’m continuing to contest these charges as you will no doubt have read in my other posts.

 

If I had accepted all the discount offers made I would have only paid about £30K, which would have been attractive if I had the money. Sadly though all of mine have now been defaulted.

 

On the old PPI bit I have continually argued with First Direct on this. They had a payment plan that they claimed covered the self employed. However it did not. All on another thread of mine so I’ll not reiterate here, suffice to say that if I had got the premiums back plus the accrued interest thereon my debt the them would be negated.

 

One last thing for now. I have heard that staff at MBNA receive two packages of excrement each week in the post. Now what I want to know is who is sending the other one?

[exchange]

No problem with your comments Coactum, I did not take it the wrong way, don't worry.

As for the excrement, it's not me, but dangerously tempting!

[Hussy786]

HI All

 

an update

usual threatning letter from MBNA

called and spoke to the guy and HE offered arrangment plan of 70 quids a month for upto 10 years with no added charges and interest.

told him the account in dispute mentioned CCA and subject access request but to no avail he was much interested in income/expenditure stuff.

asked why PPI cancelled by MBNA as i needed it most now, hE SAID DUE TO MISPAYMENTS it has been suspended not cancelled . I said i want help by PPI he said ring them direct told him if it is suspended they would not help etc but no avail.

Rang PPI company they want letter from Tax office previous employer and i should sign on with job centre and claim Jobseekers allowance.

I just started as self employed cabbie ( money are less than 150 quid a week) .i never claim any benefits and nor going to in future, Job centre waste of time they never helped me finding a job i had to find it myself.

last week i was offered to pay 3k less than current outstanding amount BY mbna and i offered to set a plan on that aMount but MBNA would set plan on my current outstanding balance onlyl

They dont talk about CCA and SAR at all.

Please advise:wink:

[exchange]

Hi Hussy786, can I suggest you put this on your own thread, otherwise confusion reigns and Coactum may not get answers when he needs them most.

[GamekeeperToPoacher]

"One last thing for now. I have heard that staff at MBNA receive two packages of excrement each week in the post. Now what I want to know is who is sending the other one?"

 

*waves*

[underdog13]

"One last thing for now. I have heard that staff at MBNA receive two packages of excrement each week in the post. Now what I want to know is who is sending the other one?"

 

*waves*

 

It's the postmen I feel sorry for:p As for MBNA, what goes around comes around; if you keep sending poop to debtors......

[Coactum]

If I am not mistaken GamekeeperToPoacher was a former MBNA employee, so, Hussy786, perhaps GamekeeperToPoacher can confirm what I'm about to say.

 

Within MBNA there are many levels of collection team and the longer your account remains in dispute and payments are not being maintained the higher up the more experienced collector will be appointed to handle your case. Now these collectors are only interested in one thing; getting a result. By that I mean extracting money from you. Once they have done so they have justified their existence and probably earn a commission. A ten year repayment plan if maintained means you are off this collectors list and sent to another department. Likewise accepting the settlement offer gets you off the list.

 

Now strange though it may seem your continued failure to pay also bumps you off this collectors list because you get passed on to another department. That is of course unless you look like you are co-operating. Then they want to retain you because providing you look like you are going to pay they have the prospect of earning a bonus!

[GamekeeperToPoacher]

Hi Coactum,

 

I have not been employed by any credit card, mortgage company, bank or utilities company direct.

 

I was always a self-employed field agent and was the man at the front edge who knocked on the doors and requested payment/return of the credit card or advised on mortgage arrears or lastly tried to get you to sort out your utility bills before going to court obtaining warrants and severing connections.

 

It is a while since I was anything to do with CCs and loans so I am unsure of the current situation however, I still stand by the maxim that IF they could go to court and get a judgement then they should do so.

 

Basically I say to all my creditors Bring It ON and let the judge decide

 

GK

[Hussy786]

Hi all

 

MBNA keeps emailing me or writing to me about the arrears and threats of collecting debits but they dont even mention or talk about cca request made to them 3 months ago.

what should i do?

[Deb T]

In short ...nothing...if they have not been able to produce an enforceable cca or even a cca by the sounds of it then worry not, strict proof of these would be required by a judge in the event that it was to go to court.

 

You should send them the letter from the templates letter re harrassment

 

The Consumer Forums - Debt collectors

 

 

Just in case I missed anything, you have proof that you sent the CCA? and that the postal order you sent has been cashed?

 

 

 

Hi all

 

MBNA keeps emailing me or writing to me about the arrears and threats of collecting debits but they dont even mention or talk about cca request made to them 3 months ago.

what should i do?