MandM vs MBNA/ Virgin Money***Settled by Consent***

[MandM]

Hi all,

 

Here's a summary of where i'm at with this one. Had a credit card with Virgin Money. After financial probs last year we wrote to all of our creditors in early February 09 with I&E forecast and an offer of reduced payment based on same. Had offered all of our creditors a pro rata amount based on this. Sent 1st payment and have paid it EVERY month by standing order ever since.

 

Letter from MBNA dated 17th Feb 09 - Thank you for your I&E, please contact us to discuss.

 

Letter 2 from MBNA dated 17th Feb 09 - Restriction placed on your account, please cut up your cards and return them to us. As from today, no further transactions will be authorised.

 

Phoned MBNA 24th February - They said they could not accept my offer of payment as they had to conduct their affairs according to US law as they were a US owned company. Said I had to pay 4 times the amount that I had offered to meet their rules - I said bog off.

 

Letter from AEGIS dated 20th March 09 - letter demanding the arrears, must pay straight away!

 

Letter from AEGIS dated 1st April 09 - MBNA had instructed them to contact me urgently, pay the arrears or your credit file will suffer etc etc.

 

Letter from MBNA 2nd April 09 - Payment shown on statement not recieved, pay the arrears or else etc etc.

 

Letter from MBNA dated 16th April in answer to my I&E letter sent in February - "We received your application for reduced repayments and talked to you in February about this. You offered to pay us £xx.xx however the information you gave showed that you had no disposable income so could not make this payment. We therefore could not come to an agreement or set up a reduced payment plan. As your I&E details were incorrect we request you review your financial statement and provide us with an offer of repayment that is supported by your I&E. Please cal etc etc." I did call and it turned out that they'd put the wrong figures into their computer!! My figures were correct - told them to bog off!

 

Letter from AEGIS 19th April 09 - another demand to pay the arrears and bring my account up to date.

 

Letter from MBNA 20th April - "your decision not to pay your arrears of £xxx.xx has forced MBNA to withdraw your credit line and inform the CRAs of the arrears.

 

Letter from AEGIS 24th April - again demanding the arrears.

 

Letter from MBNA 17th May 09 - POTENTIAL COMMENCEMENT OF LEGAL PROCEEDINGS telling me to contact their offices within 7 days so they can set a reduced payment plan. Followed by lots of threats of CCJ, attachment of earnings, Bailiffs or a charge on my property.

 

Letter from MBNA dated 25th May 09 - IMPORTANT DEFAULT NOTIFICATION - now saying the restiction on my account does not have to be permanent - just pay the arrears and agree a payment plan and we'll be all hunky dory again

 

Letter from MBNA dated 22nd July 09 - IMPORTANT DEFAULT NOTIFICATION (again) - this time threatening DCAs.

 

Letter from MBNA dated 10th August 09 - " We are now considering our next step to recover your outstanding debt". Now talking about a reduced payment plan or partial settlement.

 

Letter from MBNA 24th Sept - Giving me one last chance to partially settle with a reduced lump sum payment.

 

9th October 09, received 12th October - DEFAULT NOTICE - gives until 26th October to remedy the breach by paying the full outstanding balance.

 

Apart from these letters these people have probably phoned almost every day since February, sometimes 2 or 3 times a day! Regardless of the fact that i told them that i would communicate in writing only. They seem to be worse than some of the DCAs

 

So, where do I go from here? Any advice gratefully received. Thank you.

 

M

Edited October 18, 2009 by MandM
added 24th Sept

[MandM]

bump

[MandM]

Hi all,

 

Here's a summary of where i'm at with this one. Had a credit card with Virgin Money. After financial probs last year we wrote to all of our creditors in early February 09 with I&E forecast and an offer of reduced payment based on same. Had offered all of our creditors a pro rata amount based on this. Sent 1st payment and have paid it EVERY month by standing order ever since.

 

Letter from MBNA dated 17th Feb 09 - Thank you for your I&E, please contact us to discuss.

 

Letter 2 from MBNA dated 17th Feb 09 - Restriction placed on your account, please cut up your cards and return them to us. As from today, no further transactions will be authorised.

 

Phoned MBNA 24th February - They said they could not accept my offer of payment as they had to conduct their affairs according to US law as they were a US owned company. Said I had to pay 4 times the amount that I had offered to meet their rules - I said bog off.

 

Letter from AEGIS dated 20th March 09 - letter demanding the arrears, must pay straight away!

 

Letter from AEGIS dated 1st April 09 - MBNA had instructed them to contact me urgently, pay the arrears or your credit file will suffer etc etc.

 

Letter from MBNA 2nd April 09 - Payment shown on statement not recieved, pay the arrears or else etc etc.

 

Letter from MBNA dated 16th April in answer to my I&E letter sent in February - "We received your application for reduced repayments and talked to you in February about this. You offered to pay us £xx.xx however the information you gave showed that you had no disposable income so could not make this payment. We therefore could not come to an agreement or set up a reduced payment plan. As your I&E details were incorrect we request you review your financial statement and provide us with an offer of repayment that is supported by your I&E. Please cal etc etc." I did call and it turned out that they'd put the wrong figures into their computer!! My figures were correct - told them to bog off!

 

Letter from AEGIS 19th April 09 - another demand to pay the arrears and bring my account up to date.

 

Letter from MBNA 20th April - "your decision not to pay your arrears of £xxx.xx has forced MBNA to withdraw your credit line and inform the CRAs of the arrears.

 

Letter from AEGIS 24th April - again demanding the arrears.

 

Letter from MBNA 17th May 09 - POTENTIAL COMMENCEMENT OF LEGAL PROCEEDINGS telling me to contact their offices within 7 days so they can set a reduced payment plan. Followed by lots of threats of CCJ, attachment of earnings, Bailiffs or a charge on my property.

 

Letter from MBNA dated 25th May 09 - IMPORTANT DEFAULT NOTIFICATION - now saying the restiction on my account does not have to be permanent - just pay the arrears and agree a payment plan and we'll be all hunky dory again

 

Letter from MBNA dated 22nd July 09 - IMPORTANT DEFAULT NOTIFICATION (again) - this time threatening DCAs.

 

Letter from MBNA dated 10th August 09 - " We are now considering our next step to recover your outstanding debt". Now talking about a reduced payment plan or partial settlement.

 

Letter from MBNA 24th Sept - Giving me one last chance to partially settle with a reduced lump sum payment.

 

9th October 09, received 12th October - DEFAULT NOTICE - gives until 26th October to remedy the breach by paying the full outstanding balance.

 

Apart from these letters these people have probably phoned almost every day since February, sometimes 2 or 3 times a day! Regardless of the fact that i told them that i would communicate in writing only. They seem to be worse than some of the DCAs

 

So, where do I go from here? Any advice gratefully received. Thank you.

 

M

 

Should also say ive had this for about 4 or 5 years with no previous problems

 

M

[MandM]

Bump

[supasnooper]

Unfortunately this is how MBNA plod along.

 

You could write to them again stating your case for reduced poayments and remind them of their obligations as defined by the OFT debt collection guidelines.

 

BTW, have you kept the envelope that the latest Default Notice came in ?

If it's in the bin, then get it out.

Edited October 19, 2009 by supasnooper

[MandM]

Unfortunately this how MBNA plod along.

 

You could write to them again stating your case for reduced poayments and remind them of their obligations as defined by the OFT debt collection guidelines.

 

BTW, have you kept the envelope that the latest Default Notice came in ?

If it's in the bin, then get it out.

 

Unfortunately the wife binned it .

 

Will write again though and see if it helps.

 

M

[vint1954]

Hi all,

 

Here's a summary of where i'm at with this one. Had a credit card with Virgin Money. After financial probs last year we wrote to all of our creditors in early February 09 with I&E forecast and an offer of reduced payment based on same. Had offered all of our creditors a pro rata amount based on this. Sent 1st payment and have paid it EVERY month by standing order ever since.

 

Letter from MBNA dated 17th Feb 09 - Thank you for your I&E, please contact us to discuss.

 

Letter 2 from MBNA dated 17th Feb 09 - Restriction placed on your account, please cut up your cards and return them to us. As from today, no further transactions will be authorised.

 

Hold on to your card.

 

Phoned MBNA 24th February - They said they could not accept my offer of payment as they had to conduct their affairs according to US law as they were a US owned company. Said I had to pay 4 times the amount that I had offered to meet their rules - I said bog off.

 

Rubbish they are bound by English law.

 

Letter from AEGIS dated 20th March 09 - letter demanding the arrears, must pay straight away!

 

Letter from AEGIS dated 1st April 09 - MBNA had instructed them to contact me urgently, pay the arrears or your credit file will suffer etc etc.

 

Letter from MBNA 2nd April 09 - Payment shown on statement not recieved, pay the arrears or else etc etc.

 

Letter from MBNA dated 16th April in answer to my I&E letter sent in February - "We received your application for reduced repayments and talked to you in February about this. You offered to pay us £xx.xx however the information you gave showed that you had no disposable income so could not make this payment. We therefore could not come to an agreement or set up a reduced payment plan. As your I&E details were incorrect we request you review your financial statement and provide us with an offer of repayment that is supported by your I&E. Please cal etc etc." I did call and it turned out that they'd put the wrong figures into their computer!! My figures were correct - told them to bog off!

 

Letter from AEGIS 19th April 09 - another demand to pay the arrears and bring my account up to date.

 

Letter from MBNA 20th April - "your decision not to pay your arrears of £xxx.xx has forced MBNA to withdraw your credit line and inform the CRAs of the arrears.

 

Letter from AEGIS 24th April - again demanding the arrears.

 

Letter from MBNA 17th May 09 - POTENTIAL COMMENCEMENT OF LEGAL PROCEEDINGS telling me to contact their offices within 7 days so they can set a reduced payment plan. Followed by lots of threats of CCJ, attachment of earnings, Bailiffs or a charge on my property.

 

Letter from MBNA dated 25th May 09 - IMPORTANT DEFAULT NOTIFICATION - now saying the restiction on my account does not have to be permanent - just pay the arrears and agree a payment plan and we'll be all hunky dory again

 

Letter from MBNA dated 22nd July 09 - IMPORTANT DEFAULT NOTIFICATION (again) - this time threatening DCAs.

 

Letter from MBNA dated 10th August 09 - " We are now considering our next step to recover your outstanding debt". Now talking about a reduced payment plan or partial settlement.

 

Letter from MBNA 24th Sept - Giving me one last chance to partially settle with a reduced lump sum payment.

 

9th October 09, received 12th October - DEFAULT NOTICE - gives until 26th October to remedy the breach by paying the full outstanding balance.

 

9th October is a Friday, so service deemed 13th if by first class or 15th if sent uk mail which is usual. So this is defective. Wait for termination.

 

Apart from these letters these people have probably phoned almost every day since February, sometimes 2 or 3 times a day! Regardless of the fact that i told them that i would communicate in writing only. They seem to be worse than some of the DCAs

 

Send them the template letter, in writing only please.

 

So, where do I go from here? Any advice gratefully received. Thank you.

 

M

Have you requested a copy of your agreement yet. If not I would send a CCA request.

[MandM]

Have you requested a copy of your agreement yet. If not I would send a CCA request.

 

Thank you for your help. Will send the CCA request tonight. TY

 

M

[vint1954]

If and when you get something, post it up, minus your details.

 

Keep the defective DN to yourself for now.

 

Vint

[MandM]

Thanks Vint, will hold my breath and await their response.

 

M

[MandM]

Thank you for your help. Will send the CCA request tonight. TY

 

M

 

One last question before \i begin. I'm pretty sure i've read on other threads that a CCA request must be sent to a particular address or department for each bank. What would that address be for an MBNA credit card? or is there a link on the site that gives the addresses.

 

thanks M

Edited October 19, 2009 by MandM
added

[Sunshine54]

hi MandM

 

this is the address that I used earlier this year and got a response

 

hope it helps

regards

 

MBNA Europe Bank Limited

PO Box 175

Bolton

Lancashire

BL76 7NA

[MandM]

Thank you Sunshine. Heading for the post office, postal order in hand

[MandM]

SAR sent today. Will now await a response.

[supasnooper]

May I just advise for further reference that any requests for legal documentation should be made to the creditors Registered Head Office, as quite often, companies will relocate their various departments on a whim.

[Sunshine54]

oh sorry if I got the address wrong.

 

googled and got this as the registered office.

 

Stansfield House, Chester Business Park, Chester CH4 9QQ

Edited October 22, 2009 by Sunshine54
added registered office

[supasnooper]

oh sorry if I got the address wrong.

 

googled and got this as the registered office.

 

Stansfield House, Chester Business Park, Chester CH4 9QQ

 

 

Let's hope that MBNA are good enough to redirect the request

[MandM]

oh sorry if I got the address wrong.

 

googled and got this as the registered office.

 

Stansfield House, Chester Business Park, Chester CH4 9QQ

 

Been off for a few days. Will write to the other address also explaining the (very slight) error and hopefully it'll find them

[MandM]

Hi all. Some news!!

 

Had a letter this morning from a company called Experto Credite. It states that.............actually i'll scan it up now less personals

[MandM]

So here's my letter from Experto Credite.

 

http://i983.photobucket.com/albums/ae316/slinkymary50/expertucredite231009.jpg

 

It claims that my debt has been bought by Varde Investments (Ireland) Limited.

 

Sent my SAR off to MBNA last week so not sure what happens with that now. Is there a letter I can send to these people now or do I just wait for the reply from MBNA?

 

M

[supasnooper]

MBNA are still duty bound to provide all the data as requested in your Subject Access Request.

 

Send Experto Credite a Credit Card Agreement request to the address at the bottom of their letter.

[MandM]

MBNA are still duty bound to provide all the data as requested in your Subject Access Request.

 

Send Experto Credite a Credit Card Agreement request to the address at the bottom of their letter.

 

Thanks SS. Will do

 

M

[vint1954]

When did you send the CCA request to MBNA.

 

Yoiu mentioned SAR, I assume that you mean CCA.

Edited October 29, 2009 by vint1954

[MandM]

When did you send the CCA request to MBNA.

 

Yoiu mentioned SAR, I assume that yu mean CCA.

 

Quite right, my mistake. It was CCA that we sent

 

M

[pumpytums]

Hi M&M,

just read your thread, amazing similar to mine (as you said on my thread).

 

Out of interest the date on the Varde letter was it before the default was up?

 

MB*A are a piece of work, if its any consolation I have heard nothing from credite Exponential or whatever they call themselves since the one letter last month.

 

Don't worry your with friends here.

 

 

Pumpytums