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I'm just starting off. CCA request to MBNA


msheridan69
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Thanks mystery1 - it's useful to see what they'll send me - I was looking for a template 'requesting a CCA' from them. Should I just ask them for items a, b, and c as per your reply?

 

How long do they have to fulfill the request before the account goes into dispute?

 

cheers

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MBNA just sent me 3 letters from Tara Mullen, Head of Customer Assistance, dated October 28, November 2 and November 3. I emigrated to Australia a couple of years ago so it takes a few days for the letters to get here.

 

Anyway, long story short, because of financial reasons I haven't been able to make the full monthly payments for a few months now. I've made token payments and I've sent MBNA a letter asking that the freeze interest and late fees - they didn't and I now owe 1093 euro in fees alone. They've been calling me on the phone, and sending me emails, but I've told them I only interested in correspondence in writing.

 

The October letter from them is entitled IMPORTANT DEFAULT NOTIFICATION.

 

Your accuont is seriously in arrears. failure to bring it up to date may result in the issue of a Notice of Default and eventual termination of this agreement. This would entitle us to persue you for the full balance, possibly throught the legal system and/or through the use of external debt collectors. You would also lose any credit facility you hold with MBNA Europe. If you have PPC (payment protection cover) on your card, this will now be canceled.

 

YOU NEED TO CONTACT US IMMEDIATELY TO MAKE A PAYMENT OF 1,093.32 BY LASER CARD.

 

Anyone know how international debt collection works?

Edited by msheridan69
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Here's the letter dated November 3rd...

 

Dear Mr xxxxxxx,

Account:xxxxxxxxxxxxxxxxxxxxxxxxxx

Your account is currently 3 payment(s) behind and you would need to make an immediate payment of €1,093.32 to bring the account up to date. You would then need to maintain a monthly payment of at least €358.00 per month to prevent the account from falling into arrears. Please note that if an account is in arrears it does register negatively with the Irish Credit Bureau at one month in arrears.

 

Alternatively we have a reduced payment facility to help any of our customers who find themselves in financial difficulty. The procedure involves the completion of an application form which asks for details of monthly income, monthly expenditure, any assets, and any other creditor balances that you may have. You then need to make a monthly offer of payment to the account which you think you will be able to maintain.

If the application is successful the minimum payments will be reduced, the interest will either be reduced or suppressed and over limit and late fees will also be suppressed. I have enclosed an application form if you wish to use this facility. Alternatively you will need to maintain the monthly minimum payments requested on your statements.

 

If you have any further queries please call freephone 1800 54 62 62. Our Account Managers are available Monday to Thursday 9:00 a.m. to 9:00 p.m., Friday 9:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 1:00 p.m.

Yours sincerely

Tara Mullen

Head of Customer Assistance

 

MBNA Europe Bank Limited is authorised and regulated by the UK Financial Services Authority and is registered as a branch in Ireland under number 903873 at Dublin Road, Carrick-on-Shannon, Co Leitrim.

Incorporated in England and Wales under 2783251, Registered Office: Stansfield House, Chester Business Park, Chester CH4 9QQ.

 

So it looks like I'm already registered with the Irish Credit Bureau for 1 months arrears.

 

I made my agreement with them in 1995 so I think I'll CCA them and put the account into dispute - I'm really sick of this shower. I was a loyal customer for over 10 years and I must have given them thousands in interest and late payments fees (which are hard to avoid the way they don't clear payments for 3 days etc)

 

Someone else said that the debt wasn't enforceable here in Australia - but I rather go down the route of getting them to submit to a Final Payment down the track so as my crediut rating in Ireland isn't effected.

 

Anybody got any thoughts - what my next move should be?

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