Jump to content
bobogosing

Help needed for f&f settlement with mbna

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3582 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

ERROR need to post again!:|

 

Hello, I would like to offer F&F settlement to my MBNA credit card. But before I can do this,can someone please advice if my agreement and the DN is enforceable? I am hoping its not so that I can start at a low %. Really appreciate ant helpon this. bobo

 

 

 

 

http://i1011.photobucket.com/albums/af236/bobogosing17/mbna%20cca/mbna1-1.jpg

 

http://i1011.photobucket.com/albums/af236/bobogosing17/mbna%20cca/mbna2.jpg

 

http://i1011.photobucket.com/albums/af236/bobogosing17/mbna%20cca/mbna3.jpg

Edited by citizenB
keep thread tidy :)

follow the light!

Share this post


Link to post
Share on other sites

Morning.......anyone there please?


follow the light!

Share this post


Link to post
Share on other sites

Hi bob, responding to your S.O.S.

 

My observations are:

 

1: It is fairly obvious that the "application" was a leaflet that required folding, with part of it being the return address. So no other information is likely to be on the back . So are all the prescribed terms there. Not quite sure, IMHO, no, butyou would need other advisors to confirm that. Suggest you pm diddydicky, vint1954, steven4064 who would be better able to advise you on that.

 

2: Why have Link sent you a Default notice ? I understood only the original creditor was permitted to do that. Did MBNA ever send you one and you remedy it.. ie pay up.

 

3: Link say they are the assignees. Were you ever informed in writing that this was assigned to Link ?

 

4: Did you ever pay Link any money, or acknowledge the account to them ?

 

5. The Default Notice. I am on safer ground here :) The DN is dated 20th September 2008. That was a Saturday ! Therefore the DN could not possibly have been in the post until Monday 22nd September. How it was posted to you ie 1st / 2nd or UK mail. Did you keep the envelope :)

 

1st class is 2 working days

2nd class is 4 working days

UK Mail is 3 - 7 days depending on the class of post they pay for.

 

The DN advises that you are required to make remedy prior to 4th October.

 

Therefore you have not been allowed the full clear 14 days to remedy the breaches they say you have broken.

 

Official date of posting 22nd September which would only allow

 

11 for 1st class

9 for 2nd class

 

Now clause 1.b is present on the Application, but clause 8 isnt. Therefore you dont know what clauses you have broken.

 

HTH

 

How did you get that Application form ? Was it unsolicited mail, from a magazine/ newspaper?


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

Share this post


Link to post
Share on other sites

For F&F you need to call MBNA and tell them your situation and hopefully they will agree to your offer. But I guess it should be between 45% to 55%.. That was they did to me...

Share this post


Link to post
Share on other sites

There is something not quite right here. Don't offer anything as yet

 

I am in agreement with Citizen B over the DN. The account was assigned on 20th July but they don't say whether it was equitable or absolute. Does any of the letters from link say who to make payments to? (are Link collecting for MBNA or have they bought the account)

 

I think this needs a lot more information from MBNA to be sure what has happened. Have they sold it? Have they sold it without defaulting? Have they sold it without terminating?

All this information should come from screenshots of your account history via a SAR

 

As for Link being able to send out DN's, that's a new one on me. I have seen a DCAtry to serve a second DN at a later date which got shot down.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

I agree with the site team - too early to be parting with your money here. You need more info and ammo.

 

Have you done a SAR? Do you know what charges (and interest) you can reclaim here? If not then I think a SAR is the first step. You have the CCA but a copy of your whole account record is now important - and well worth the £10 charge.

 

Did you not get a TN from MBNA at all? How much have Link demanded you pay compared to the total balance outstanding? If they are wanting the lot then that's effectively a TN - and unlawful rescisson on the back of a dodgy DN. Again the SAR will show the status as far as MBNA records are concerned.

 

You have a lot of options and things to do before giving up and paying over 35% or more at this early stage!

 

Good luck!

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites

Hello All! Really grateful for you all to read my post. To be honest, I am at a lost, I don;t even know where I am up to with the creditors. I need to SAR them like you all adviced so that I know where I stand. Do I send the SARs to the same addresses where I send the CCAs? Thanks bobo (ps its not bob, I am a female and its bobo:-)!)


follow the light!

Share this post


Link to post
Share on other sites

I think you SAR the Co Secretary at the HO or Regd Office? I also think this site has most (all?) of the addresses somewhere. I can give you RBS/Direct Line, Egg, Capital One, HBOS, Abbey and Goldfish (but maybe both out of date?) addresses if you can't get them elsewhere. Have a look at your statements or cca's?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites
I think you SAR the Co Secretary at the HO or Regd Office? I also think this site has most (all?) of the addresses somewhere. I can give you RBS/Direct Line, Egg, Capital One, HBOS, Abbey and Goldfish (but maybe both out of date?) addresses if you can't get them elsewhere. Have a look at your statements or cca's?

 

BD

 

Ok, I'll start digging. Thanks! bobo


follow the light!

Share this post


Link to post
Share on other sites

Hello! Can someone please help me on this one? I have suggested my friend to follow wilchil64 as he is in the same position, struggling with his creditors and the high interesst due to wage reduction. He've send them a very low reduced payment by cheque and stated that only to bank the cheque if they agree on the payment offered. MBNA have send this letter:

 

http://i1011.photobucket.com/albums/af236/bobogosing17/MBNA.jpg

 

MBNA.jpg

 

My friend is worried that he'll loose his house as its not a small sum that he owes to MBNA creditcard.

What he would like to know is " Please be aware that the Reduced Payment Programme will be recorded on your credit file for the life of the account, and then for a further six years."

What do they mean by that? Does it not drop off after 6 years? Or it still show the balance after 6years? I've been told that after 6 years, everything is wiped off, balance or no balance. Please can someone advice? Thanks bobo

MBNA.jpg


follow the light!

Share this post


Link to post
Share on other sites

I don't know if they're right or not. It might be worth checking if any threads on this particular issue?

 

However, they'll probably offer a low F&F long before the debt is "repaid" in full - and that will show as a short settlement for 6 years from then unless T&C's carefully negotiated at that time. Does he know if the CCA is enforceable? Any DN's issued etc?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites
I don't know if they're right or not. It might be worth checking if any threads on this particular issue?

 

However, they'll probably offer a low F&F long before the debt is "repaid" in full - and that will show as a short settlement for 6 years from then unless T&C's carefully negotiated at that time. Does he know if the CCA is enforceable? Any DN's issued etc?

 

BD

 

Hello BD! Really grateful and thanks for reading the post. No he has not CCA MBNA and does not have the copy himself. The account is not in default yet, as he have been keeping up with his payments by borrowing. He feels strained and stress out as he tries to keep the creditors happy, and also he doesn't want to upset his mortgage borrower. He knows somewhere down the line his credit file will be affected. His mortgage at the moment is on a tracker and will run out from 2012. Thanks bobo


follow the light!

Share this post


Link to post
Share on other sites

Morning All! Does my friend have to provide the info that MBNA is requesting? He's panicking because he is running out of time replying. I am sure I read it somewhere that the less info they have the better, correct me if I am wrong. Thanks bobo


follow the light!

Share this post


Link to post
Share on other sites

Morning,

You are right in that they have no legal right to any financial info but sometimes it helps to show the bank that your friend is financial hardship.

I wouldn't ring them though as they can try to tie you up in knots.

Here is an example of what a financial spreadsheet looks like (hopefully the link works)

 

Excel Budget Planner.xls


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Share this post


Link to post
Share on other sites

Bobo

 

Any more progress on this (or your other threads) since we last posted?

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

Share this post


Link to post
Share on other sites
Bobo

 

Any more progress on this (or your other threads) since we last posted?

 

BD

Hello BD! Thanks for asking, I've stopped paying and gone down the EU route. bobo


follow the light!

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...