MBNA Loan - The battle begins

[Dotty50]

Hi Exchange,

 

After being given some information to help from another Cagger, I called them this evening.

 

Biggest mistake ever and it will not happen again!

[exchange]

By all accounts they can be quite aggressive, but not if they can't speak to you:D

[exchange]

Received a reply from MBNA to my last letter which included a demand that communication should always be in writing. They have sent the same letter on the same day twice! In the letter they say that they will write to me separately about the enforcability issue, so still waiting.

These two letters were basically the usual denials and bullying me to make payments.

There answer to the telephone harrasement issue was to quote the 'Banking Code' (which no longer exists as it was replaced on the 1 November 2009 by two new codes, the 'Banking Conduct of Business Sourcebook and Payment Sevices Regulations 2009' which is enforced by the FSA (God help us all!) and the 'Lending Code' enforced by the Lending Standards Board, so please look these up MBNA if you are reading this and pleased to be of guidance, cretins!) stating that they must keep all lines of communication open and therefore must keep the option of calling me available, but then say that they will not correspond further at the end of the letter!!

I will be replying when I hear from them about enforcabilty which they appear to be struggling with, but I expect them to deny any errors of course!

Edited December 13, 2009 by exchange
Typo

[exchange]

Letter turned up today saying my complaint will take a further 28 days to look into. This is the third time they have given a deadline to reply to me. What are they up to? Could it be to do with the cases in the Mercantile court?

[exchange]

Removed

Edited January 5, 2010 by exchange
No longer relevant

[exchange]

After no calls for 3 weeks I have had a voice message left today from a mobile number asking me to call them urgently. Fat chance, will they never learn that I don't pick up their calls! This is after receiving a couple of letters reminding me that I am behind with payments and suggesting that if I am dissatisfied I should complain to the FOS. This seems to be their latest tactic having read other threads, in that they want you to go to the FOS as they are fairly confident they will get a ruling in their favour to use against you further.

I am still waiting for them to answer my enforceability issue which they don't seem to know how to answer yet.

[banker_rhymes_with]

Hello Exchange!

 

I think that your possible main line of attack, may be to take a long look at the earlier MBNA Loans.

 

If PPI was added, then most were s18 cock-ups because MBNA did not state the Monthly Payment or Interest Rates for the Loan and the PPI. They just lumped them together.

 

My point being that you should not just look at the last Loan, but all the ones that came before it. If they screwed you via PPI, and also perhaps by manipulating an MBNA Credit Card Debt at the same time, often setting you up for problems that they offered to solve via another Loan or Loan Top-Up, then you might just start to build up a case based on unwanted consolidation loans and unfair relationships etc.

 

If you have not already done so, get a SAR off to them, and ask for everything they have on you...all Loans, and every single entry on their Customer Log, or whatever they call it!

 

I hope this helps.

 

Cheers,

BRW

[exchange]

Thanks BRW, I appreciate your advice.

I have never taken out PPI on anything as I have been self employed for years and savvy enough to realise that it was inappropriate for me, despite assurances from all and sundry that it would be a good idea without them asking me my circumstances, surpises, surprise!

I agree that the previous loans are likely to throw up other problems from an enforceability point of view, however, I am just waiting to see how they mess things up first by not following procedures correctly, as is the case with my two credit cards in dispute with them which they seem to have given up on for now.

I have SAR'd them on my two credit cards, but got nothing on the loans which is probably my fault as I did not specifically ask for the info on the loans. Do you think I should have to pay £10 again to get this info from them, or can I get away with saying they should have included it even if I didn't ask?

[banker_rhymes_with]

Hello E!

 

The £10 is a Data Subject Access Request on you, the Data Subject, not on a per Account basis.

 

MBNA should therefore send you everything. If they do not, tell them, and then complain to the ICO that they are holding things back.

 

But the £10 covers the lot!

 

 

Cheers,

BRW

[exchange]

Thanks for confirmimg that for me. I will see where I get with them.

[exchange]

Received a letter yesterday dated 17 December 2009 telling me they need yet more time to reply about the enforceability of my alleged agreement! This is the fourth time they have given me a deadline by which they will respond. Are they simply waiting for the results of the Manchester court cases to be interpreted to help them decide what to do? Is anyone else experiencing this long delay for a reply?

[Dotty50]

Hi Exchange,

 

I had my FIRST response (apart from usual reminders) around the same time as yours and they will reply within 28days!

[exchange]

Hi Dotty50, seems they are consistent then! I'll post a reply if I ever get one!

[Dotty50]

Me too, but I won't hold my breath!

[exchange]

I've had a response but it's the usual denial there is anything wrong, give us some money! Filed!

[exchange]

Another message left on my mobile. Looks like I am scheduled to be called on Mondays, because this has been going on for a while where I only get a call on a Monday, bizarre!

[exchange]

Occurs to me that the last reply I had after they took a couple of months to 'investigate' answers nothing and is typical of MBNA's standard response. So what were they 'investigating'?

[exchange]

Starting to get lot's of calls again, which I do not answer. I have sent a letter again today, asking for the rest of my SAR and reminding them to stop calling me, but in stronger terms than that!

[exchange]

I am not happy! MBNA have left messages for me to call them on my home, office and mobile numbers today. Both my office and mobile number are work numbers and I know this is a no-no. I also have a mobile for personal use but they don't have that number. Ignoring the guidelines as always, just have to hope my letter gets to them soon so that I get another (temporary I suppose) respite.

All other CCC's have long since got the message that I do not answer calls from them and have given up. Only MBNA persist with this harrasement and it seems there is nothing that works to stop them, other than changing all your numbers, which might be my only solution!

Edited January 14, 2010 by exchange
typo

[exchange]

Default charge of £25 for the fourth time turned up today. No calls since the 14th so just waiting for the next move from them.

[exchange]

Threat-o-gram received today, standard one everyone seems to get threatening court action and a CCJ, etc. from Martin Supple. Says I must call them by 9pm tomorrow (don't think so!) so that we can come to some arrangement (needs me to have spare cash which I haven't got) and ends with 'Do not waste this opportunity.'

Obtaining a CCJ would be difficult for them as I am outside the UK. I do wonder if they realise that when they send letters to me outside the UK? Would mean using their brains - say no more!

[exchange]

Lots of anonymous daily calls received on my work mobile with no message left so can't prove it is MBNA without picking up, but at lunchtime today messages left on my office number for the second time and my work mobile and they called at home. Call to home showed as a central London (0207) number, a mobile number showed on my mobile and who knows what number, if any, appeared on my office number. They are following a similar pattern to my cc's before they gave up so I hope this is running its course to a conclusion.

Have to wait and see what they try eventually.

[Dotty50]

Hi Exchange,

 

Someone called Martin left a message on my answer phone at 8.40 this morning, but it was an international out of area number.

 

So glad they don't have my mobile, except they have if they used their initiative! Guess no one there has any!

[exchange]

Hi Dotty50,

 

I am following your battles still too, just not much to add!

 

I find it hard to believe that guidelines don't say no calls before 9 am or after 9 pm but have yet to find anything on this to quote to MBNA.

 

Good news is all other CCC's have been silent for a few months, pity MBNA are so persisitent, but then they probably gave out the most credit as well which is why they are struggling (i.e. Bank of America) more than others.

 

Shame!

 

Exchange

[Dotty50]

Hi Exchange,

 

Your dealing with Cap1 too, I see.

 

They knocked my door at 8.05 this morning!

 

Had sent the letters as advised on here to Cap1, Debitas and P2C, seems not one of them can read.