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MBNA legal action?


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A long story but MBNA wrote to me, after sending SAR and stopping payments to say they would reduce the overall debt by 60%. Much too-ing and fro-ing and eventually, they called me to say they would reduce the overall sum by 80%! I called the day following to accept the offer, they said it was no longer available but didn't have an explanation why. Strangely, they sent out a letter a few days later saying the offer was open until X date (which was 6 weeks ahead), so I called to accept the offer again, and again they said the offer was no longer available.

 

In the meantime, they "sold" the debt to Experto Credite who harrassed the living bejesus out of me. Said the offer with MBNA was no longer valid etc. etc. I inivted them to take me to court, they still haven't months later.

 

I also took some legal advice from a solicitor who said that I should write to MBNA with a conditional offer clearly setting out what I believe the legal position to be ie. they were in breach of contract when they made an offer which I accepted but they then withdrew when I accepted it, whcih i did. The offer had a cheque attached to it, it was clearly marked that if they accepted the cheque, they were accepting they were in breach and the matter was settled. They banked the cheque.

 

Experto continue to harrass me (8 calls from them in one morning over 20 minutes) which i now just ignore, or say take me to court and put the phone down! I have written to MBNA a few times since they claim to have sold the debt setting out the legal postion and asking why they did, X, Y and Z. They basically ignore my requests, come back with something very vague and irrelevant etc. The last couple of times I've written to them, I say that if they don't respond within 14 / 28 days, I'll refer to FOS and / or take legal action. they always reply with a day or two to spare!

 

So, questions are :

 

1. Should i refer the matter to the FOS - that is likely to take months though, right?

2. SHould I take legal action against MBNA for breach of contract? If so, is that small claims and can the court remove the default on my record?

3. Should I take out an injunction against Experto for harrassment? If so, how?

 

Any other advice gratefully received?

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Hi

 

Sorry to hear that you are getting harassed by MBNA. I too am being harassed by them and have appointed a solicitor to try to get them to behave. I'll post a copy of the letter on harassment online when my solicitor writes it so that at least it will not cost you anything to put in a claim for that. MBNA keep phone records. If you do a data request they will send you proof that they have called you and when they called you etc. Their records do not appear to include all of the calls that they have made but the number of calls that they make is so excessive that my solicitor has said that their records alone would prove harassment in the courts.

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