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Boss39
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Hello Friends

 

I am currently in financial difficulties and I am not able to pay my Abbey MBNA card at present. I wrote to MBNA 3 months ago and advise them of my situation. I have also include an I&E form and offer a payment proposal of 150 pound per as I cannot pay the whole 290 pound per month. I have received a letter from them to contact thier Debt Management department. I took the courage to phone them and I spoken to an agent. They confirm all the details on the I&E form and was told to carry on paying the 150 Pound and a letter will be sent to me to confirm the reduced payment.

 

I have not received any letter but they keep e-mail me and asking me to contact thier DMP department to discuss my financial difficulties. I thought that I will try again and see what happens. Again they confirm the same details with me on the phone and advise me to continue with the reduced payment and a letter will be sent to me to confirm this.

 

Well, no letter since I spoke to them that 2 weeks ago. I received a default notice today asking me to pay the 2 months arears or contact them. They said that they are oblige to sent a default notice when 2 payment has been missed. But I have not miss any payment infact I have made the 3 payment of 150 pounds on time.

 

I am not sure what is the next step.I think going down the CCA route. I don't think they have a CCA for this as this card was given to me over the phone when I change my Basic account to a current account. I never received any agreement. This was an Abbey Credit Card and now MBNA has taken over the card but I notice on the statement it is still showing as Abbey and not MBNA. This card was taken back in 1999.

 

Any help will be grately appreciated

 

I want to pay my debt but they are making life so difficult. I think my payment proposal is not that low.

 

Thanks Friends

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Yes Boss, they're not playing fair, time to send the CCA request - £1. postal order, don't sign, print your name and send recorded delivery. They will no doubt start ringing up following your request, so then send them the harassment letter. If/when you get a reply to your request (12 + 2 days), use a photoimaging site such as photobucket to post it on here removing identifying details for peep's opinions.

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Thanks Miss Muppet

 

I received another e-mail from them today to contact them as they can arrange for a reduced payment with interest and charges suspended.

 

I think I will be wasting my time.

 

I am now preparing the CCA request letter. I have seen quite a few templete on the site. Any idea which one to use. I also seen that they are currently sending most people T&C and application form. Do you think I should go for a SRN instead.

 

Many thanks for your information

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Hi Boss, send them this one:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

You could send them the Subject Access Request as well if you want but this will cost £10, its in the same place (I think) as the above (debt collectors library).

 

Its up to you, they may play ball as per their email but you certainly want that in writing, I was also on this deal and was paying £60 pcm but then I noticed that they had added PPI without my permission so thats when I CCA'd them and found they had not even an application form, didn't stop them taking me to court to try to get a summary judgement, had to do a lot of work and it was scary but they discontinued, had to pay my court fees £200 and haven't had to pay back £1,000 odd on the alleged debt. One thing that infuriated me in court was that they told the DJ I had been paying £20 per month, soon put him right on that one!

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Hi miss Muppet

 

I rang them again yesterday for the last time. They did exactly the same things. However this time the agent told me that he will transfer me to someone who could reduced the interrest rate on your account. They put me through an external company offering secured loan to home owner. I told them I am not interest in any loan besides I am a tenent and renting.

 

I will sent the CCA request today using the template you point out to me.

 

One quick question in regards to signature. Should I add the part where it mention on this site about they were very happy to sent me my information at my address and therefore do not require a signature for this request.

 

I will be making a small contribution to this site tomorrow when I get paid. I think people here is offering an excellent service for ordinary people like me. Hence, I will rather make a contributon here than paying MBNA which will not even cover the interest rate they are charging me.

 

Many thanks

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Hi miss Muppet

 

I rang them again yesterday for the last time. They did exactly the same things. However this time the agent told me that he will transfer me to someone who could reduced the interrest rate on your account. They put me through an external company offering secured loan to home owner. I told them I am not interest in any loan besides I am a tenent and renting.

 

I will sent the CCA request today using the template you point out to me.

 

One quick question in regards to signature. Should I add the part where it mention on this site about they were very happy to sent me my information at my address and therefore do not require a signature for this request.

 

I will be making a small contribution to this site tomorrow when I get paid. I think people here is offering an excellent service for ordinary people like me. Hence, I will rather make a contributon here than paying MBNA which will not even cover the interest rate they are charging me.

 

Many thanks

 

Bless your little cotton socks Boss for offering a contribution so early on in your fight, CAG will be grateful I know.

 

No, just print/type your name, I used to go so far as to type three lines through my printed name as well - paranoid or what? They usually only start asking for identification for Subject Access Requests so I would wait until they do and then state what you have already quoted.

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Hi Ya

 

Just post the CCA today special delivery Wow cost me £ 6.95 including the Postal Order. A bit expensive.

 

Well I think now I wait & see

 

Again many thanks for your help

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  • 3 weeks later...

I would be grateful if someone could advise me on this one please

 

MBNA has signed the letter on the 23rd of July. Today the 12th of August still no CCA.

 

Is it time to send them the account in dispute letter.

 

CCA request was posted on the 22rd July for next day delivery. My calculation in they entered into default 11th of August

 

Any help would be grately appreciated

 

Thanks

 

Boss39

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please I would appreciate some advise on this one

 

I received a letter from MBNA on Friday in response to my CCA request. They mentioned that since the card was from another lender - they will contact the lender to forward me a copy of the CCA. The card was initially from Abbey National which I took back in 1998.

 

They aslo mentioned that I should continue to make payment to them and they will continue to record my account with the CRA.

 

They aslo mentioned that I need to look at this case McGuffick v The Royal Bank of Scotland

 

What is my next move now please? sent account in dispute letter

 

boss39

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quote_icon.png Originally Posted by captain2 viewpost-right.png

Hi there ! I mean 'unenforceable'' the recent case with Royal Bank of Scotlandlink3.gif and McGuffrey recently where the borrower had never made any payments under a loan agreement and he sued via his claims advisor on grounds he could not be defaulted if agreement was unenforceable - judge held that even if the agreement is unenforceable the debt is still there and thus can be reported to the CRAlink3.gif's. It is potentially unfair and much depends on having good credit rating. I have a mortgage so as long as I can keep up with that I don't need any more credit my job now is to hang onto what Ive got. It sounds a tough situation arising in your case can you get help somewhere or a housing association place ?

 

The case mentioned has been debated all over the forum, but I suspect what MBNA are advising is in respect of the above.

 

Although another judgement "Carey " held that certain limited information could be given in respect of the CCA 1974 request but the original would need to be provided in court.

 

HTH

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You will be covering yourself by sending the "in dispute" letter.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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please I would appreciate some advise on this one

 

I received a letter from MBNA on Friday in response to my CCA request. They mentioned that since the card was from another lender - they will contact the lender to forward me a copy of the CCA. The card was initially from Abbey National which I took back in 1998.

 

They aslo mentioned that I should continue to make payment to them and they will continue to record my account with the CRA.

 

They aslo mentioned that I need to look at this case McGuffick v The Royal Bank of Scotland

 

What is my next move now please? sent account in dispute letter

 

boss39

 

Yes CB is right Boss, you have given them plenty of time send them the account in dispute letter.

 

At the time of my appearance in court they were using Rankine v American Express Services to frighten people - they still lost because they didn't have an agreement.

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  • 2 months later...

Hi - just need some advise on this one. MBNA has replied to my CCA request finally and advise that they will not take any court action until they complied with my CCA request and I should continue to make payment Blah blah... However, today I received a letter from Optima - Notice of legal Action - Anything to worry about or just ignored!

 

Thanks Boss

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I hope someone can advise me on this one. MBNA has replied to my CCA request. Firstly, they will try to get it from Abbey and secondly, they are not taking any court action until they complied with the CCA request. If I SAR Abbey directly which is now santander - I think they would be able to tell me if you have have an agreement for me.

 

Would that be a good idea or they would refer me back to MBNA as MBNA has taken over this card now. This is an old Abbey National card which I took in 1998

 

Thanks Boss

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Hi Boss - I have stopped paying them after they said they couldn't take any court action. Since then they have not responded other than a statement which I was expecting anyway. I have CCAd them but not SAR - I am waiting now until they start getting nasty and then I will look at F&F.

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