MBNA cant currently comply with CCA, what now?

[Bigdebtor]

Minmoo

 

Don't worry - I didn't think you were having a dig at all. I agree with all the sentiments expressed - we all used to do our best to keep on top of our debts - but based on creditors' behaviour in recent years most of us now just think "let 'em stew in a mess of their own making".

 

Your situation is all down to their refusing to treat you sympathetically when you needed it. By all means play the longer game and leave SAR until it can be even more useful.

 

One thing that might be worth doing just now would be to complain formally to MBNA that they have not treated your hardship plea fairly. If they refuse to do so then report them to FOS. It will almost certainly get you nowhere but will certainly cost them about £500 to be referred to FOS plus the hassle of having to correspond with FOS and pull the wool over their eyes (alas all too easily done!).

 

Hope this helps?

 

BD

[minmoo]

It certainly does BD, can i complain about the lack of reply to the cputr letter i sent asking for confirmation of a cca as well?

[Bigdebtor]

Not sure - but I would just focus on them not obeying current guidelines on treating those in hardship properly - unless others think a bigger complaint could be made and might get you somewhere?

 

However surely the best outcome for you is to be able to walk away from the current £9k debt - so I think the LAST thing you want is them complying fully and finding an enforceable CCA - so don't put any more pressure on them to find (or forge) it!

[minmoo]

Lol, good point! Dont know why i always jump the gun

[tam65]

dear minmoo

I have been following your thread with interest since I have had exactly the same letters as you about 2 weeks later than you. i know that feeling, what to do next, the waiting is a bit worrying. Here is a suggestion which i think a lot of caggers miss. If it ever gets to court, highly unlikely, then rhis will make you look good, and it is a possible extra dispute eg. no CCA and a disputed interest rate.

letter of complaint

DEAR MBNA,

i want to complain about your despicable 35% interest rate, what contractual terms are you relying upon to fleece me like this, i think these are unlawful punitive charges,

yours minmoo.

show the judge some hurt as a result of no CCA.

This seems like a useful strategy to me, a pretty strong argument to be using, others will comment also hopefully.

try to lose your conscience, MBNA do not have one, remember they would make you and yours homeless if they had the contract to do it.

hope this makes sense.

T65

[minmoo]

Hi Tam65, thanks for looking in on my thread. The point you raise is actually something i was going to bring up should i ever end up in court, my dispute is based around an unreasonable apr with no agreement to back it up and hopefully by showing a human side then it my be of some help in front of a reasonable DJ. And the fact that as soon as i asked for a little leeway they shut my account down with no help or sympathy.

 

Sometimes on the quiet moments though you just question whether you should be more proactive, but i value the advise of my fellow caggers far more than my conscience lol. And thats the truth. If you end up starting a thread then please post a link in here

This site has given me more strength than i could have ever hoped, having an idea of what might come next or what letters are fit for the bin (or not) is very important. Had it not been for finding CAG then i would most likely have fell over at the first sign of red ink lol.

 

Take care.

[tam65]

minmoo i don't need a thread cos i am in the exact same position as you + 2 weeks

here is my thinking

firstly, avoid court at all costs

in order to do this, build as strong a case as you can now, put MBNA and dca's off from trying to use our woderful judicial system as a tawdry means of debt collection, try and get your, sorry the alleged account, into a double dispute, give MBNA no chance of resolving it before they automatically sell it on with a dodgy DN. compose your "I have been thinking about the HUGE amount of interest you have charged me..xx thousands over.." letter now, but do not send it till you get your DN, then pop it in your recorded delivery envelope with your SAR, when you get your DN.

You will maybe even get a triple dispute, no CCA, interest rate complaint unresolved and Unlawful Recission.

and lastly AVOID COURT.

I have read a lot of CAG over the last few months, it is a life saver, God bless CAG.

What I cannot find is anyone who has made evil rate jacking into a dispute, is a dicussion thread on this subject a good idea? anyone.

[PriorityOne]

try and get your, sorry the alleged account, into a double dispute, give MBNA no chance of resolving it before they automatically sell it on with a dodgy DN. compose your "I have been thinking about the HUGE amount of interest you have charged me..xx thousands over.." letter now, but do not send it till you get your DN, then pop it in your recorded delivery envelope with your SAR, when you get your DN.

 

 

Please don't do this. It's not a double dispute you'd be raising; it would be a contradictory dispute.... which could shoot you in the foot.

[minmoo]

Avoiding court is definitely the number one plan. Hopefully the right letters at the right time will help achieve that as Priority 1 and many others will most likely tell you. I only mentioned you having a thread due to these things invariably have a life of their own and rarely follow the same path, even within the same company.

[tam65]

I agree with P1, arguing against the 35% is pointless, it is in their T&C'S, sadly it is legal. Arguing gives them amunition to make out that you acknowledge the debt or some other vile trick. It is probably best just to wait patiently for the DN and save your strength for the DCA.

Minmoo, a DCA can't charge interest and will have paid probably about 10p in the pound, you will probably get a much better F&F setlement from a DCA than from MBNA, or even get easy installments, if that is what you want.

I might start a new thread later.

Good luck to everyone.

[minmoo]

Is that correct? I thought only a court would stop interest. What about contractual interest at 8%, or 12% in some cases i have read about. DCA's will stick all sorts of charges on for any old reason.

 

Good luck though Tam, i will look out for your thread.

[PriorityOne]

Is that correct? I thought only a court would stop interest. What about contractual interest at 8%, or 12% in some cases i have read about. DCA's will stick all sorts of charges on for any old reason.

 

Good luck though Tam, i will look out for your thread.

 

Interest can be stopped upon request if a creditor decides to play fair and help you..... If a DCA sticks their own charges on their, just remove them and carry on..... providing their Agreement is enforceable, that is.

 

[minmoo]

The voice of reason appears

 

Afternoon P1, hope you are well.

[PriorityOne]

The voice of reason appears

 

Afternoon P1, hope you are well.

 

Fine thanks Minmoo ... hope you are as well.... keep smiling x

[tam65]

Am I wrong again, it has been known in the past...

This is from CCCS infocentre

“Once a debt passes to a collection agency you pay them direct and in most cases, the agency can stop interest and charges. There is no guarantee that they will agree to suspend interest and charges.”

Also

“Usually, a creditor will stop interest and charges either after they issue a default notice or they pass it onto a debt collection agency, although this does not always happen.”

I thought that once the DN was issued then the contract is broken, then no interest can be charged. I also thought that huge big referral fees when a debt is passed to a DCA were pretty much unlawful now. Like bank charges, no?

Stuff to be wary of, ready for, read up on. I read some posts or stickies about post judgement interest, this may be the source of my confusion, good luck to all T.

[Bigdebtor]

What the CCCS avoids saying is whether the OC or DCA MUST stop charges and interest - or if they ARE ALLOWED to continue charging them. I think the DCA has NO RIGHT to charge us ANYTHING - as we NEVER signed ANY contract with them.

 

In any case remember CCCS is there to get the debt REPAID to the creditor - even if it takes a life time - not to help the debtor in any way other than possibly helping them avoid court action. This is why CCCS are funded by the creditors.

[minmoo]

Thanks for the update there BD, more good advice as usual

 

I expect all new dca's get a prove it letter first then? Or do you refer them back to the OC as in dispute?

[Bigdebtor]

I tend to ignore them for as long as possible - let them waste a few stamps - then - but only if I think they may well escalate matters - tell them the account is in dispute and go back to OC. If they still persist then is time for "prove it" letter to them.

 

BD

[minmoo]

As i guessed. Just trying to formulate the best process for when it happens. Although i thoroughly expect my default notice when it comes to be perfect it is still depressing to read (in another thread by PT) of perhaps another avenue closing down, even if it was just extra ammunition as opposed to a full defense.

[tam65]

Mt thinking exactly BD, what interest rate can a DCA charge you, 35%? I think they cannot charge any interest lawfully. Same for handover charges adjustment fees, or referral fees I am looking into it and will try to find something useful and will post up on my thread over the next few days.

What a DCA might try is something like “ we will waive our normal attachment fees of £850 plus VAT and we will not charge you our normal interst rate of 25.9% apr if you stick to your agreed monthly repayment with us.”

I am thinking that DCA’s will play a lot dirtier than MBNA who seem to me to be fairly predictable.

My first suggestion re complaining about MBNA interest rates to MBNA now seems a fairly bad strategy. We don’t want to be encouraging them to locate our CCA’s or to set about reconstituting something for us. OK my first suggestion seems absolutely freakin’ awful, can it be deleted.

Can you put up a link to PT’s thread about unlawful recission.

Planning a good strategy now T65.

[minmoo]

So i have just been reading the judgement which has been handed down (the one which basically allows a creditor to resubmit a default notice) and i noticed this line from the judge.

 

That said, if a debtor gets into difficulties, I cannot see why that is a good reason to make no payment at all to a creditor. I have heard no good reason why the Claimant simply stopped paying MBNA. However, I am implementing a statutory regime and that is only one factor, albeit an important one, in my considerations.

 

Thats a bit worrying, i stopped in the hope they would talk to me! Seemed like a good idea even if it hasnt worked yet lol.

 

Full judgement here.

http://www.bailii.org/ew/cases/EWHC/Mercantile/2011/B3.html

[victoria_siempre]

Hi minmoo

 

I also read that. So one might pay an affordable token or offer to pay same.

 

x

 

v

[minmoo]

Hi Vic

 

Indeed, it has made me think. After all, it is about keeping the wolf from the door is it not and anything that could go in our favour come the 'final judgement' must be worth considering. Possibly time to set up a standing order i think and show a reasonable amount of willing.

[Gallahad]

Hi Vic

 

Indeed, it has made me think. After all, it is about keeping the wolf from the door is it not and anything that could go in our favour come the 'final judgement' must be worth considering. Possibly time to set up a standing order i think and show a reasonable amount of willing.

 

I would think long and hard on this as it will surely only extend the 6 year statute barred option

G

[Bigdebtor]

The Kid is right - if you're several years down the SB route then ANY payment will reset the clock, so this step should be thought about VERY carefully. Everything else like CCA, SAR and CUPTR 2008 requests - along with querying dodgy DN's and TN's - should be used first to extend the time and postpone any serious enforcement steps right up to court action.

 

However if it's only a few months since your last payment then I would offer a token £5 per month - or send this as a cheque with a covering letter stating something like " this cheque no. XXXX is only to be cashed if you accept £5 per month from now on" They'll ignore it and cash the cheque anyway - but at least it gets round the judge's comments anbout stopping payment totally.

 

I have had at least 3 creditors give up totally - no response to CCA or SAR and no chasing for ages - and I'm paying £5 per month to each of two other creditors (and nothing at all to all others while trying to sit it out until SB day).

 

I'll have repaid the lower of these two debts (£4k) in full in around 800 months - (interest and charges frozen) - which will be around my 125th birthday - gonna have BIG party then - you're all invited (along with your carers).

 

I'm not planning a celebration when the £10k one is paid off in 2000 months' time as at over 200 years old I might be a bit too tired by then!

 

BD

Edited March 1, 2011 by Bigdebtor