Badger v MBNA

[badger220987]

Hi i have just joined after reading that there are other people in the same boat, I am so very worried. I would like some advice re MBNA and their continual hounding. I repeat over and over again the amount pro rata I can afford to give my creditors and they continually decline the offer. sorry unsure if this is the right place to ask for helpful advice as I am unfamiliar with forums Please could someone let me know? Thank you in advance

[rondodiver]

Hi i have just joined after reading that there are other people in the same boat, I am so very worried. I would like some advice re MBNA and their continual hounding. I repeat over and over again the amount pro rata I can afford to give my creditors and they continually decline the offer. sorry unsure if this is the right place to ask for helpful advice as I am unfamiliar with forums Please could someone let me know? Thank you in advance

 

Yes this is the right place you can get loads of help here and plenty of sound advice. But my first piece of advice would be to never ever speak to them on the phone again. If you do answer and its them politely tell them to put everything in writing and hang up.

[badger220987]

Thank you for coming back to me, i was unsure how you 1st start asking questions as never been on a forum before.

I have requested that MBNA only communicate via e mail or letter but they will not listen? I have returned a expenditure from to them and offered a pro rata payment between all our creditors. they have said i have to agree to the severe hardship scheme? Which means they apparently accept an offer for 7 months and then sell the debt on to others. I have rung the national debt line and they have said don't agree to anything that is not in writing. It is now just back to 20-25 phone calls a day, they are so rude and threatening, even asked our teenage son if he knoew anything about the debts on c cards!! I am almost beside myself with worry as to know what to do next. I paid £50 insurance a month for years on 2 of the 3 cards to ensure we were covered for job loss, but they say this is not in the criteria? Any advice from anyone would be so welcomed. thank you.

[steven4064]

I'm going to move your stuff to a new thread badger

 

The first thing to do is to start a claim for mis-sold PPI and get all those premium payments back. £50 per month for how long?

[badger220987]

I have been paying them for over 3 years The Virgin card was £50 a month and similar for the McMillian card? I thought it covered all unemployment thats why we paid Thanks for moving the post had no idea where I was? Thanks Clare

[steven4064]

£50 a month for 3 years is £1800 - how does that compare with the alleged debt?

[badger220987]

It's around 10%. I have had 2 statements since I explained my difficulties to them and they said I wasn't covered yet they continue to add it to the bill! Dispite sending 2 recorded delivery letter's demanding that they stop collecting the payment. Before this i have never ever missed a payment.

[steven4064]

Well I think you should start a claim for it on the grounds it was obviously mis-sold. Interest will almost double it too

[badger220987]

How do I set about that please? is there a letter template I can download that you know of? Also what would you do in the meantime pay the amount we were offering based on the pro rata payment set out by the Nat' debt line? It is knowing what to do next rather than their constant refusal to discuss the matter like intelligent adults. All they repeat is we cannot accept it, meanwhile the amount is increasing.

[steven4064]

Pay what has been agreed/suggested

 

Send a prelim letter as for bank charges (see bank templates libary) but modify it to say PPI insurance premiums for mis-sold PPI

[badger220987]

Thank you I will do that. Hope you don't mind me comung back to you with update It is great to talk to someone about Clare

[badger220987]

Good moning all, I have taken the morning to write letters to MBNA are seriously hounding us over 3 credit card debts, I have had my work contact finished by my company and they refuse to accept that I can claim on the £50 a month paid on 2 of the 3 cards for Payment Protection plan for over 3 years, I was told 'ii did not meet the criteria' I have been advised by another member to send a claim letter for missold insurance but I cannot find the template he mentioned?...... I also need to send a data subject access report request, again is there a letter someone could advise me of that I could down load/ I have all 3 cards with MBNA I am sorry if this is a daft question but do I need to send a request for each card?.... Lastly I have had some good advice from a member who suggested I started a new thread and send them a link to the thread, please could you tell me how to do this as I am very new to forums and the terminology. Thank you in advance Clare

[the_shadow]

Good moning all, I have taken the morning to write letters to MBNA are seriously hounding us over 3 credit card debts, I have had my work contact finished by my company and they refuse to accept that I can claim on the £50 a month paid on 2 of the 3 cards for Payment Protection plan for over 3 years, I was told 'ii did not meet the criteria' I have been advised by another member to send a claim letter for missold insurance but I cannot find the template he mentioned?...... I also need to send a data subject access report request, again is there a letter someone could advise me of that I could down load/ I have all 3 cards with MBNA I am sorry if this is a daft question but do I need to send a request for each card?.... Lastly I have had some good advice from a member who suggested I started a new thread and send them a link to the thread, please could you tell me how to do this as I am very new to forums and the terminology. Thank you in advance Clare

 

If you dont mind me asking in what context did you not meet the criteria.. because you work on contracts? less then full time hours?

 

The SAR can be found here send with £10 postal order and by recorded delivery, one SAR will cover ALL accounts held with MBNA

 

The s78 request can be found here, send with £1 postal order and by recorded delivery, one s78 will only cover ONE account, so you'll need to send 3.

 

S.

[badger220987]

No they said as I had changed jobs since taking out the card and not informed them, although as a healthworker I was in the same health trust just a different department? I was and continued to work full time.

[the_shadow]

No they said as I had changed jobs since taking out the card and not informed them, although as a healthworker I was in the same health trust just a different department? I was and continued to work full time.

 

That has really got to be a joke? they must have tucked something away in the t&c for that to apply?

 

[Edit: Did they put that in writing or was it just telephone chatter., would advise you formally request to claim by letter and see what the response is, get them to quote the actual term and condition they are claiming allows them to do this]

 

I think you should definitely get hold of the statements and either a) Claim back all PPI + Interest @ compounded rate direct from MBNA or b) complain to FOS and get all PPI payments back.

 

How did you take out these cars, paper applications or online and how old are they?

 

If the accounts are old then a s78 request may be the way forward, if the cant comply then after 12+2 days you can put the account in dispute.. they'll still hassle you and trash your credit file but if it gets to court and they havent complied you should be in a stronger position than them.

 

S.

[badger220987]

It was by phone I was told this? I have had one card for over 10 years and cannot remember if I signed anything? The second 2 cards were applied for on line, perhaps 5 or 6 years ago again it is terrible but I cannot remember what was signed.( the payment proctection for the last 2 does addup to about 10% of the debt)......I am sorry I am so confused I need to send an s78 for all 3 cards? (thank you for the template) I will do those this morning. . I also send one DSAR report, is that correct..I feel like it is trying to learn a different language I apologise. Thank you Clare

[the_shadow]

It was by phone I was told this? I have had one card for over 10 years and cannot remember if I signed anything? The second 2 cards were applied for on line, perhaps 5 or 6 years ago again it is terrible but I cannot remember what was signed.( the payment proctection for the last 2 does addup to about 10% of the debt)......I am sorry I am so confused I need to send an s78 for all 3 cards? (thank you for the template) I will do those this morning. . I also send one DSAR report, is that correct..I feel like it is trying to learn a different language I apologise. Thank you Clare

 

Ok then personally I would sent off a letter something like this..

 

Dear Sir/Madam,

 

In a recent telephone conversation with yourselves I was told I did not meet the criteria for claiming on payment protection insurance despite paying an amount towards this account since taking out this card.

 

Having been made unemployed recently I now require a claim on this insurance and would request you send me the relevant claim forms through asap.

 

If you are still of the opinion that I do not meet your criteria for claiming under this insurance then I require you to quote the actual portion of terms & condition that you are referring to in a response letter so I can get legal advice on how to take this further.

 

I require a response by 4pm xx/xx/xxxx otherwise a complaint will be raised with the FOS.

 

Regards

 

Yep, S78 requests for each of the three accounts

Yep, SAR once.

 

S.

[badger220987]

I cannot tell you how much I appreciate the help and advice! Is there a time span that I would expect them to respond to these requests? I have made offers of payment to them worked out by the Nat' debt Line pro rata payment plan, but they have reefused, this also included 2 requests aking them to stop adding over £50 on 2 of the 3 cards for the payment protection whch they continue to add:x. Would you suggest I make any payments in the meantime?

[the_shadow]

I cannot tell you how much I appreciate the help and advice! Is there a time span that I would expect them to respond to these requests? I have made offers of payment to them worked out by the Nat' debt Line pro rata payment plan, but they have reefused, this also included 2 requests aking them to stop adding over £50 on 2 of the 3 cards for the payment protection whch they continue to add:x. Would you suggest I make any payments in the meantime?

 

Well the £50 can stop immediately they respond or dont respond to the letter above about PPI. If you have to put in a complaint to the FOS about the PPI you just need to write to MBNA telling them, not informing them that you will no longer pay for a product that they say you cant claim on anyway.

 

The SAR is a 40 calendar day response time, the s78 requests have a 12+2 working day response time, after the 12+2 working days if they havent sent you anything you can write advising them they are in breach of the s78 and cannot enforce the agreement until they send you a response to the s78 request.

 

S.

[badger220987]

I very much appreciate this I will get on with the letters now, When and if they do respond may i come back to you with the response or do I just post a new thread? In your opinion considering I received 19 phone calls on Fri and have had 3 already this morning, how would you respond to them? It is very difficult not to answer the phone! If I do answer they just repeat the same rude comments. I was told on Friday they would claim the debt against my home so it does terrify you! BW Clare

[the_shadow]

I very much appreciate this I will get on with the letters now, When and if they do respond may i come back to you with the response or do I just post a new thread? In your opinion considering I received 19 phone calls on Fri and have had 3 already this morning, how would you respond to them? It is very difficult not to answer the phone! If I do answer they just repeat the same rude comments. I was told on Friday they would claim the debt against my home so it does terrify you! BW Clare

 

Ok, post any stuff up on this thread so people can see the full picture.

 

As to what they threaten on the phone and what they can actually do its a wide gap... to put the debt against your home they first have to take you to court and get a judgement against you. As you are trying to come to an arrangement with them over repayments it should help your case and damage theirs.

 

It really is best to either a)Ignore the phone/unplug or b) Answer but refuse to go through security with them...

 

If you do for some reason get into a conversation with them just state you are recording your calls for any future legal action that may take place... see if they are so cocky and full of threats then

 

S.

[badger220987]

In the meantime would you start making goodwill payments? Clare

[the_shadow]

In the meantime would you start making goodwill payments? Clare

 

If the payment cycles fall within the 12+2 working days for the s78 requests then I would to be honest.

 

S.

[badger220987]

Thank you i will act on your sound advice and come back at a later date Clare

[egg-sterminator]

Remember as SHADOW said use postal orders and try not to sign anything initial or provably different signiture ie not the one on your passport/driving license . as SHADOW says you have been missold and i think what he is trying to nail is if ppi on same agreement as card it would in all likelyhood be unenforcable that is assuming they can even find agreements that old .