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MBNA default notice.

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Hi, just looking for some help. When I started my dmp and worked out my pro-rata payments the offer I made to MBNA was for about £45 pm. After a couple of months they called me and told me that if I could increase the payment to £70 pm I could slash the total amount owed by half and obviously clear the debt quicker, although it was not explained how and stupidly I did not ask, and agreed. I am not sure how long I paid this for, but I could not afford it and so sent another letter outlining my pro-rata payments, and went back to paying £45pm. MBNA then became quite agressive and bombarded me with phone calls at home and at work. After making a harrassment complaint the phone calls have stopped. But now a default notice has been issued. I cannot pay the arrears they demand and cannot change my monthly payment yet. Can any one help with how I should respond. Thanks

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Hi, just looking for some help. When I started my dmp and worked out my pro-rata payments the offer I made to MBNA was for about £45 pm. After a couple of months they called me and told me that if I could increase the payment to £70 pm I could slash the total amount owed by half and obviously clear the debt quicker, although it was not explained how and stupidly I did not ask, and agreed. I am not sure how long I paid this for, but I could not afford it and so sent another letter outlining my pro-rata payments, and went back to paying £45pm. MBNA then became quite agressive and bombarded me with phone calls at home and at work. After making a harrassment complaint the phone calls have stopped. But now a default notice has been issued. I cannot pay the arrears they demand and cannot change my monthly payment yet. Can any one help with how I should respond. Thanks

 

If you've worked out how much you can pay them, that is that. They can issue all of the default notices they like, they can threaten you as much as they like, but you can only pay them what you can afford. They could take you to court but might even end up with less.

 

My advice to you is to stick to your guns. Have you sent them a CCA request? This is a request for a copy of the original credit agreement. Very often, MBNA have great difficulty with these and they turn out to be completely unenforceable. If this is the case with yours, then it will put you in the driving seat.

 

I'm guessing that your credit rating is already shot, so a default notice won't really make it any worse.

 

If you can, scan the notice and post it up here after removing your personal details, barcodes etc.

 

It's easy to say, but don't worry about too much at this stage. MBNA are like this but their bark is far worse than their bite - trust me on this. Have a look at my thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/86182-fred-bassett-mbna.html#post779349 and you'll see what I mean. MBNA are famous for their threatograms.

 

In the meantime, don't forget the golden rule - NEVER talk to them on the 'phone - just refuse to answer their security questions and tell them to put it in writing. MBNA sometimes ignore the security questions - if they do that, put the 'phone down on them.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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It's easy to say, but don't worry about too much at this stage. MBNA are like this but their bark is far worse than their bite - trust me on this. Have a look at my thread: http://www.consumeractiongroup.co.uk...tml#post779349 and you'll see what I mean. MBNA are famous for their threatograms.

 

In the meantime, don't forget the golden rule - NEVER talk to them on the 'phone - just refuse to answer their security questions and tell them to put it in writing. MBNA sometimes ignore the security questions - if they do that, put the 'phone down on them.

 

 

Agree with all of that.

 

In my last conversation with them, a loooooooooong time ago, I told them to **** off and stopped paying them. A year or so later they sent it off to a solicitor and they got told the same, so heard nothing since.

 

Don't panic and never talk to them, they lie through their teeth.

 

David

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Thanks for your replies, it has put my mind at ease. Haven't got a scanner so this is it copied out, word for word.

 

IMPORTANT-YOU SHOULD

READ THIS CAREFULLY

Default Notice

Served under Section 87(1) of the

Consumer Credit Act 1974

 

04 December 2009

 

Credit Card Agreement: ********************

We refer to the above agreement which you have entered into with us. Paragraph 8 or that agreement provides that you must repay immediately the amount of any arrears on the account. You are in breach of that clause because you have failed to make such payment and are seriously in arrears. A stop has been placed on your card.

In order to remedy this breach we must recieve a payment of £***** by 21 December 2009.

Your account balance is currently £******

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU.

 

On or after the date show, your account will be closed and the credit agreement will be terminated and we may take court proceedings to recover the whole amount owed by you to us. Further statements will not be issued. Please not that if we terminate your credit agreement; your full balance will be payable immediately and that you will still be personally liable to pay all amounts which become due to us, for example, any subscriptions and regular payments that you have not stopped or outstanding credit-card cheques.

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE , YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME.

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVISE BUREAU.

 

This notice should include a copy ofthe current Office of Fair Trading information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one.

 

 

 

I have looked on the site about mistakes usually made but it looks ok to me. I think I will definately send a cca request though.

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Even if actually put in the post on Friday 4th, by 1st class post, the notice is defective.

 

December 2009

 

For the purposes of delivery of the post, weekends don't count, (5th & 6th), 1st class takes 2 days so delivery to you is Tuesday 8th.

 

14 days as required by law gives a date of 22nd Dec 2009, not the 21st as stated. The DN is junk.

 

Keep this up your sleeve however, as until the account is actually terminated they can simply send you another one that IS valid.

 

David

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Hi oddhod, I think Cashins has said it all. You have to watch out - MBNA are slippery so and so's.

 

Regards.

 

Fred


Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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