MBNA Loan - The battle begins

[exchange]

Hi Dotty50

 

I hope you gave them an appropriate response to knocking on your door!

 

I can't see them doing the same to me, but you never know with budget airlines making it so cheap to travel!

[Dotty50]

LOL

 

Forgot your not here!.......so to speak!

[exchange]

Saturday morning and messages left on all my numbers before 9am. Seems fairly desperate to me!

Edited January 23, 2010 by exchange
typo

[exchange]

Despite complaining again about harassement I am still getting calls to every number and messages left every couple of days, usually before 9am.

Anyone got a successful strategy for stopping this, apart from changing all phone numbers, which would be a problem given that two are work numbers?

[Dotty50]

Hi Exchange,

 

They have started calling my office now. (I think it's Virgin MBNA) only way I will find out is if I call!

 

Have you written and specifically quoted the numbers, asking them to be remove d from their system?

 

I did with Cap1 and they complied!

[exchange]

Thanks Dotty50. Great that Crap1 took notice. I've got a feeling that MBNA may not be so easy!

[exchange]

Had messages left on each number on Friday and Saturday saying 'This is a final message....' and telling me that they can no longer help me. Could this mean they will stop calling? No calls today so far!

[exchange]

Of course it didn't mean they would stop calling!

Three calls this afternoon, one on each number from a different person. So the last one was telling me it was the last message from that person, not that I would stop getting calls. Getting a bit bored with them now.

They continue even though I have not spoken to them once on the phone since disputing CC accounts and the loan with them back in March 2009.

All other creditors have long since given up, so they get the prize for persistence.

Have to see how long it takes for them to get the message that I will not speak to them on the phone.

[exchange]

Calls have stopped again but received a curious letter this morning.

Curious because it says 'Further to your request, please find enclosed giro slips for payment....' It doesn't say much else.

I have not asked for anything or suggested I would make any payments, so are they playing games or is it just a mistake?

[exchange]

Have had calls every three or four days recently but have now received their standard 'We have limited time to help you' letter with all the threats they can think of. It will go into my bulging file, I really don't want to have to go out and buy another one!

[exchange]

Calls this morning to home and mobile but no message left. Must mean they don't want me to call back anymore!

[exchange]

Another 'Default sum - Late payment applied' notice arrived today. Do these £25 penalties help MBNA get more tax relief when they finally write off the bad debt?

[exchange]

Default notice turned up today for this loan account. It is dated 8 March 2010 which was a Monday and demands payment 'Before the date shown', the date shown being the 25 March 2010, so this means by the 24 March 2010, does it not. The envelope has a Royal Mail 1 on it and Airmail as I am not in the UK. I find it hard to believe that the same rules apply for service of a DN to a foreign address as it has taken 10 days to get to me! If two days are allowed for service then it would be valid, but as the delivery time shows, how can I have 14 days to respond with delivery today and only 6 days to the 24th?

I will post it but any opinions welcome.

Thanks in advance.

Exchange

[exchange]

Default notice.pdf

 

Here is the default notice.

[exchange]

I notice that non-payment means the 'account will be closed, the credit agreement will be terminated', not may but will, so this is effectively a notice to terminate the agreement.

Any views?

[exchange]

I asked MBNA to provide info on loan accounts with them under a SAR which had previously only got me CC info. Today I have the response which was due by the 2 March 2010 sent on the 10 March 2010 with an apology for the delay and a rubbish excuse. The usual lie about only keeping records for 6 years included, when what they must do is keep records for 6 years after an account is closed.

So lots of activity suddenly. I will need to have a proper look through what they have sent to see what I find.

[Dotty50]

Hi Exchange,

 

Vint says they do not normally send an official termination letter, I've certainly not had one.

 

'Activity suddenly', you can say that again, I have received a reply to my SAR today, which I request on 2nd Feb so, like you, will start reading!

[exchange]

Hi Dotty50, I didn't receive any termination notice for either of my CC's with them so not expecting one for this loan. I think they have the brains (surprisingly!) to not terminate so that if the DN is faulty they can try again.

Perhaps they can't cope with the number of SAR's they are getting at the moment. Should we complain to the ICO about the lateness?

Edited March 19, 2010 by exchange

[Dotty50]

Trouble is Exchange, I understand that the ICO are also struggling to cope with complaints and are taking months to respond!

 

They have not fulfilled my SAR but it does confirm that they sold my account before the expiry of the DN and they also confirm that the cannot supply a copy of a signed CCA due to archive retrieval problems with HSBC. (This card was originally an Open University card via Beneficial Bank from many years ago so didn't expect a copy)

 

It also seems that the account was passed to litigation but litigation declined it!

[exchange]

Your SAR sounds like good news for you! I am yet to go through mine properly.

It must help to complain as it adds to the growing number of complaints listed against MBNA, which can't be a bad thing even if it takes for ever for the ICO to look at it.

[exchange]

Been a while but today I received a 'Closing Statement, from MBNA telling me that the account has been sold to a third party (who they have not named). Current interest rate is 0% so the balance should remain the same from now on.

I take it that unlawaful receission of contract applies to loan agreements in the same way as CCA's?

If anyone can confirm this please that would be great.

Thanks in advance.

Exchange

[exchange]

Having sold it on this is 'termination' of the contract in the eyes of the law I take it?

The DN sent to me would have complied with the rules if it were to a UK address but I am not in the UK!

Anyone know how this would be viewed?

My argument would be that delivery within 2 days to a foreign address cannot be guaranteed and I do keep all envelopes which prove that, even with first class by air mail, letters typically take 10 days to reach me from the UK.

[exchange]

Statement received today was dated 15 June 2010, so 9 days to reach me!

Edited June 24, 2010 by exchange
typo

[exchange]

Anyone got any opinions or hard facts on service of DN's outside the UK?

Since starting this process in February last year it seems there is either no guidance where the debtor lives outside the UK or if there is it is very well hidden!

[Dotty50]

Hi Exchange

 

I can't assist, sorry but maybe a thread in the legal forum might get you some help.

 

There must be someone on here that will know!