And so it begins. Going Downs vs MBNA

[Going Down]

If I've posted in the incorrect section, please be gentle and can a friendly mod/admin move me to a more appropriate section?

 

After considering using the likes of Cartel and Credit Card Killer as I have friends who are agents for these, I am not convinced these are the best option or indeed legal. I'm a reasonably intelligent person and capable of writing letters and even more so of cutting n pasting tempates So I have decided that you guys are the best sourse of help 8)

 

I have sent a CCA request to MBNA with a £1 postal order by recorded delivery and it has been signed for. So my first question of many is, do I give them 12 days (+2) from the date they signed for it or the date I posted? Also do we count Saturday as one of the 12+2?

 

I'm sure, like most other accounts I've read so far that I will not get a reply, so what is my next action?

 

In the unlikely event that I get a proper copy of the agreement, it was applied for in Feb or March 2007, is it likely to be unenforcable in any way or will I just be stalling and preventing the inevitable?

 

Due to my current circumstances, I have not been making my monthly payments after the first month of my problems where I agreed to make a token payment if they didn't apply the late payment charge and they added it anyway and told me that the token payment makes no difference to anything they do. Does this affect anything I am about to do?

 

I'm actually only going down this route due to the way they have treated me in this difficult time.

 

Cheers

Going Down.

Edited July 12, 2009 by Going Down

[maroondevo52]

Hello and Welcome, Going Down.

 

You can do it yourself with the help from people on this site, regarding the 12+2 days, it's working days from the date they receive it.

 

I'll move this thread to the MBNA Forum.

 

Regards.

 

Scott.

[PGH7447]

12+2 from date of posting, working days, so yes a saturday counts,

 

if they have added penalty charges send them a sar as weel unless you have all your statements, add up the charges, late paymen etc and demand them bak

[Going Down]

Cheers for moving it Scott.

 

12+2 from date of posting, working days, so yes a saturday counts,

 

if they have added penalty charges send them a sar as weel unless you have all your statements, add up the charges, late paymen etc and demand them bak

 

I do have all my statements, in fact I have every statement I've had from my previous MBNA cards. Are you saying to put in a claim for any charges they've made while I've had the card if I don't get the CCA back within 12+2? I would have considered this if I proved the agrement was unenforcable, but are you suggesting I do it right away?

 

GD

[PGH7447]

work out what the charges are against what you owe, if they owe you more then go down the reclaim route, if not wait until the agreement turns up, if after the time period they have not produced an agreement then use the account in dispute letter and stop paying, or just pay a token amount, then reclaim

[Going Down]

OK well the charges can't come close to what I owe, it's over £12,000 outstanding.

 

I'm already not paying anything due to circumstances beyond my control. I agreed a token payment after a telephone call, paid it in cash via the bank as agreed and then later that day I got another stroppy call from MBNA demanding full payment. When I told them I'd spoken to one of their collegues and agreed to pay a token amount which I'd done I was told I was a liar as they had no record of any conversation and besides a token payment was of no use and wouldn't get to them for several days and I needed to get someone else to pay for me using a debit card. I told them that I am not a liar and if my token payments weren't welcome they'd be getting no more token payments or indeed any payment until my income had returned. I've been arguing with them ever since.

 

GD

[PGH7447]

dont speak to these idiots, do everything in writing from now on, it is alledged that they lie and cheat and bully;)

 

if they continue to phone just say in writing and put the phone down, there is a template in the library re phone harrassment

 

in this case I would stop paying anything now and wait for the cca request to kick in

 

these fools dont know when to admit that some people want to pay but are having difficulties so they class us all as wont pays, stupid morons.

 

still you know no what to expect from the rest

 

also you can now report them for trying to get you to use someone elses card to pay, this is way out of line and these cretins know this

[Going Down]

Yep, I've seen the template for the no phone calls and I'll send it tomorrow when I'm back in the office.

 

I stopped paying them anything a couple of months ago, they can kiss my hairy a*** for now

[PGH7447]

good:D, keep us posted especially if you get anything back, although from mbna it is doubtful

[Going Down]

Will do

 

But you've got me thinking now, which is always a dangerous thing! Can I claim back charges from a settled MBNA account? I had one previous to my current one and I'm sure they'll have had a few late payments on there before?

[PGH7447]

Yes of course you can

[Going Down]

I nipped home at lunchtime to see what delights I'd have from MBNA and my other creditors and lo and behold there were 2 things from MBNA.

 

The first was my monthly statement and the second was a lovely postcard with a picture of some crop of some sort. On the rear of the postcard was a message saying they were going to call me week commencing 6th July So thanks for the notice that you were going to call me last week, that's bloody brill!

[PGH7447]

welcome to the threat centre mentality, mind you I have never heard of a picture postcard before, you want to keep that safe could be worth a fortune in the future

[angmarie]

Hi going down

 

Reading your thread with interest, im waiting for hubbies cca for 2 accounts, last day should be tomorrow but they have written asking him to wait untill 26th July for a response. Hope this is a good sign:D.

However the morans in cs are still phoning they maintain they know nothing of cca request. I cant believe they pay these ppl lol.

Good Luck with your quest.

 

 

Ang

[Going Down]

I'm not counting on getting my CCA when it's due either.

 

Finally twigged about going onto my online account and altering the phone numbers, not sure if it works, but if it does I'm sure the folks at TPS will be thrilled with the calls

[Going Down]

Well I actually gave them 3 weeks and no CCA, so the default letter was sent, not that I think it'll make any difference. What's more I'd guess my agreement will be enforcable.

 

I did send a harassment letter in and much to my surprise I've had a reply. The standard we don't think it's harassment line, but they have agreed to only correspond with me in writing so long as I respond to their letters.

 

I have several creditors and simply getting the calls from MBNA stopped has removed over 75% of the phone calls I was getting a week. I'm feeling less stressed and more able to deal with things now as I'm not getting worked up every time the phone rings.

 

My advice to anyone is use the telephone harassment template and send it.

[angmarie]

Hi Going Down

 

I have received one cca from mbna but the only response ive had about the other is a PAY NOW letter concerning the other account. Signed by Martin Supple (heard his name on here before) but first time ive had the pleasure. I have no intention of paying another months payment as the account is in dispute. Im not sure whether to send non-compliance of cca letter or account in dispute letter, what do you suggest please.

 

 

Ang

[Going Down]

Hi Ang,

 

I don't know to be honest I sent the account in dispute letter not that I think it matters with MBNA.

 

I have had an email from them asking me to phone them, so I've replied saying No!

 

I'm new to all this myself and to be honest I think the letter templates on here are great, but there doesn't seem to be much in the way of advice from people who have been through it or actually know what they are doing. I've posted in a few sections abotu ot her debts where I've had no replies ie Egg, Abbey Business, Cahoot and it's a bit dissapointing, I thought I'd try this rather than using a legal firm, but with no help to hand I might have no other option as I can't afford to mess it up though ignorance.

 

GD

[rondodiver]

Hi Going Down

 

I have received one cca from mbna but the only response ive had about the other is a PAY NOW letter concerning the other account. Signed by Martin Supple (heard his name on here before) but first time ive had the pleasure. I have no intention of paying another months payment as the account is in dispute. Im not sure whether to send non-compliance of cca letter or account in dispute letter, what do you suggest please.

 

 

Ang

Hi angmarie I am new myself here so maybe not best placed to offer advice, but after a lot of reading I am in this process myself it is a bit daunting but I am sure these guys will be more than helpful, have you sent the account in dispute letter, if not I would suggest you send it straight away by recorded delivery

[angmarie]

Hi Rondodiver/GD

 

It is all very daunting for lots of us at the moment as I feel there are a lot of us at the same stage. Im still learning but be assured there are ppl on here who are very experienced and if they can advise or help in any way they will. Im sending account in dispute letter tomorrow R/D of course.

TC

 

Ang

[PGH7447]

if no cca within the prescribed time period send the account in dispute letter then sit back, if you are paying them anything then you are within your rights to stop payment

[angmarie]

Hi all

 

I have today received letter from mbna regarding SRA request. They have returned my cheque with letter which says:

We have provided this information free on this occasion.

I regret that we are unable to provide a copy of your original credit agreement:confused:.

So nothing except letter and returned payment???

 

Is this a good sign, or they just playing.

 

Ang