Help with #MBNA

[Delboy01]

Hi had a CC with MBNA for 6+ years.They have stopped any interest on the debta couple of years ago. I have been paying a set amount a month. They asked me to re do an income / exp form 3 months ago. At this time I was unemployed so income was less than outgoings (mum helping us out ). they kept my payments the same over last 3 months. I couldnt pay them last month, they rang up yesterday and with their "usual kindness" demanded their money. I had a disagreement with X. and put the phone down. who promptly rang me back to put the phone down on me .....

 

Ok, I have a job now but will not get a full wage packet til mid Jan, the mortg is gonna fail, my partner who has been off work with a back injury was being paid by her company, is now not being paid, and is trying to get disability allowance.

 

I am gonna have to ring them and give an i/e breakdown, this is gonna again still be a negative one. X said if you cant afford to pay you must tell us. So what do I do ??? AND what is likely to happen next??

 

Desperately need advice of any kind !!!!!

[Delboy01]

I have to ring them soon with the new I/E if I have a negative surplus and cant pay them anything what will happen.

 

is anyone reading this or have posted in the wrong place?

[iwannabedebtfree]

Delboy

 

i dont know if you have put it in the correct room but i have an arrangement to pay, and have to admit i hate their policy of wanting i/e statements over the telephone, i much prefer to send them in writing then i am in control.

 

I would put everything in writing explaining your situation, the reasons why you are in a negative surplus and just what you can afford to pay even if it is a token £1 per month, at least you are showing willing an are offering what you can. Also, consider at what point you feel you may be able to restructure payments, i.e. you may be able to offer £1 for six months due to your current circumstances, but 6 months later you may be able to offer more.

 

I know whenever MBNA rang me up to review the agreement i was always caught napping and so it has gradually increased, which is why i prefer to write.

 

Also, consider going to a debt adviser such as CAB or a free telephone helpline like national debtline etc and get free impartial advice on what is best for you, work out with a professional your i/e and make sure you are not swayed, and if MBNA dont accept your offer tuff! what can they do? take you to court and a judge will decide what is an appropriate amount for you to pay. BUt a debt adviser could work with you on a number of options especially if it is a long term issue, such as reduced payment followed by partial write-off etc good luck anyway, and dont be pressured over the telephone to offer more than you can reasonably afford!

[djweeble]

Don't phone them, EVER, that just keeps them in control as they're "trained" for want of a better word, to twist the conversation around to their benefit.

 

Write to them demanding that ALL communications be in writing, quoting the Wireless & Telegraphy Act, use the letter in the library. Once you've done that you're well on the road to taking control of the situation for yourself, and it'll be a good feeling

[demon_x_slash]

As Adi Nicol mentioned, go to the CAB. They may even negotiate over the phone on your behalf, and the MBNA threat monkey on the other end will be less cocky speaking to a debt adviser.

 

Do everything in writing, send everything recorded, and get receipts for postal orders if you send any money to them. Have any unlawful charges applied to the account? Have you considered claiming them back, if there are? A £25 here for bouncing a cheque, a £30 for late payment, or a failed Direct Debit? They're all unlawful and reclaimable - start a thread in the MBNA section.

 

If they breach the Wireless and Telegrahy letter DJ Weeble mentioned above, report them to the OFT; every complaint adds another to the pile, and when they get enough...

[Delboy01]

Top replies Guys !! well appreciated I shall take all the advice on board and take control

[Delboy01]

Is this place only for action against MBNA ? or a place to discuss MBNA CC repayment arrangements?

 

Only I have just talked to them re and o/s amount on my CC payments, I was unemployed but have just started working. My income / ex form showed there was still more goin out than coming in. MBNA have reduced my monthly payments by about 50% (they have suspended interest and charges BTW ?) but now say its over a 10 yr period???? and the "arrangement" will appear on my credit record / rating for that long AND 6 years after that 16 yrs in total.

 

They say I MUST have a DD set up to continue the arrangement? anyone else had this ?

 

OR do I tell them to stuff their aggreement /arrangement as I cant afford to pay them at moment, let It be handed over to a DCA and deal with them ( interest and charges will resume on the debt )

 

Do I want a CCJ? what are my options???

 

Any advice for a thoroughly upset person would be appreciated

[matmondez]

I.V.A.

Maybe a solution if your total debts exceed 15k with no assest to pay it off. With an i.v.a your debts are drastically reduced and then you have to aggree a payment plan, usually spanning 4 or 5 years thru goverment legistation. After that your clear.

 

Hope this helps

[Delboy01]

Just a thought ? If I claim against them for charges ie missed late payments etc over the last 6 years, and so make the account "in dispute"

can they do anything at all? ie pass to DCA, etc or anything?

[demon_x_slash]

According to the Banking Code, a dispute must be fully resolved before any action can be taken on an account - DCAs, court etc.

[Delboy01]

Cool, and the account is deemed in dispute when?

When they recieve the SAR or prelim?

[demon_x_slash]

As far as I know - someone may correct me - it's when you inform them that it's in dispute. If you've requested any charges back yet, one of the template letters contains the phrase 'this account is to be considered in dispute' or something along those lines. If you haven't used that particular phrase yet, include it in your next letter.

[Delboy01]

I shall include it in the SAR then , so they know from the start

[demon_x_slash]

Wait a day to send it, in case anyone replies to contradict me - I don't usually post unless I'm 95% sure, but this time I'm 90%

[Delboy01]

Wait a day to send it, in case anyone replies to contradict me - I don't usually post unless I'm 95% sure, but this time I'm 90%

 

Will do !

[Delboy01]

Hi I have been on a reduced Payment on my MBNA Credit card. Repayments were based on my submitted income and expenditure form and a payment amount was agreed, interest has been frozen. I have paid ontime.

 

Ok received a letter today re the agreement

 

" I refer to the reduced payment-- which has been accepted in recognition of your financial difficulties

 

"Please be advised any such concession requires your O/S balance to be paid within a 10 yr period, A recent review has highlighted that current level of payment is insufficient to clear the balance within this timeframe. Therefore we request an increase in your monthly minimum payment to allow this concession to continue. If you are unable to agree to increase the payments, this programme will cease in 30 days and interest and fees will apply as stated in your terms and conds.

 

To discuss a new reduced payment plan AND prevent recovery action call etc. Failure to contact will result in termination of current agreement without further notification"

 

OK a couple of Qs

 

When does this 10 year period start???, as if it starts from the agreement 6 months ago my current monthly payments will pay of the os debt within 10 years???

 

My Mortgage is to go up by £220 a month from next month so any increase in payment is a strict no / no so they will rip up the agreement

 

Why did THEY ask me to provide a i/c and exp form then, 6 months ago, (incidently I upped the agreed amount from what I was previously paying under a previous agreement) and now cancel it if I dont up my payments. Or was it a onesided agreement with no time period?

 

Are MBNA doing an EGG and ditching their bad risk people?? Id be interested to know if this could be the start of MBNAs EGG solution???

 

 

Sorry for the length Im sure there will be more Qs to come, If you want me to clarify anything or have Qs please ask, This post is intended to prepare me for anything MBNA have planned

 

Ta for all your help

 

DELBOY

[ScarletPimpernel]

I think this is just a standard template letter, sent by MBNA in an attempt to get more money.

 

I've seen them send similar letters to people on DMPs; I've also seen more than one case where MBNA wrongly said that DMP payments were not made, so they added interest and charges. By the time they 'realised' their mistake, the debt had increased substantially.

 

Others, such as MCS, have a standard template for demanding higher payments every 3 or six months. It's all pish and wind, designed to bully.

[General Mannerheim]

Funny you should say that Scarlet as thats exactly what has happend to me today!

They said that they hadn`t received payment off CCCS and have started adding charges again even though I`ve paid them on time.

[ScarletPimpernel]

Funny you should say that Scarlet as thats exactly what has happend to me today!

They said that they hadn`t received payment off CCCS and have started adding charges again even though I`ve paid them on time.

 

It's clearly just a cynical attempt to skirt around the DMP. If you tell them that you have in fact paid, they will ask you to produce copies of CCCS statements; which is interesting, since they can actually look at CCCS payments on their computers!

 

MBNA are probably one of the most difficult creditors to deal with. There are several reasons for this; primarily because come what may, nothing stops their relentless system. Coupled with a Trading Standards department that appears utterly flaccid where MBNA are concerned, it makes for a great deal of frustration.

[Goldlady]

It would be an awful shame if MBNA couldn't find a copy of your credit agreement and had to back right down;). They were the nastiest of all my creditors - and I use the word 'were' with a big smile:D

[cashins]

Snap!!

 

I have just had the same 'your payments are not enough' letter. I also had a chap on the phone wanting to talk about consolidating other debts.

 

Bad news in their case is that, I CCA'ed them and got a '95 credit card agreement from them ten days ago. Even worse news is....... it's utter bollarks. Think I will let them find out for themselves that the direct debit has been cancelled.

 

David

[Delboy01]

Snap!!

 

I have just had the same 'your payments are not enough' letter. I also had a chap on the phone wanting to talk about consolidating other debts.

 

Bad news in their case is that, I CCA'ed them and got a '95 credit card agreement from them ten days ago. Even worse news is....... it's utter bollarks. Think I will let them find out for themselves that the direct debit has been cancelled.

 

David

 

 

Well that is remarkable too when I paid my normal payment yesterday they told me I was "eligible for a loan" and you must have other CCs to clear, have you thought about having a loan?.

 

Isaid the loan monthly repayment would prob be more than I pay now.

 

Anyone come up with an answer to the "10 year period" in my first post???

[Lula]

I am afraid that I dont have an answer to the year 10 year thing I suspect that it is all bluster, have you tried sending them a CCA request and see if they come back with anything that is enforcable?

[Pinky69]

It's against OFT guidelines for a bank to offer loans to clear debts where there is a payment plan. Personally, once a bank/agency start mucking me about then they have to prove to me that they have a legal right to ask me for money. What MBNA had in their cupboard had the legal standing of loo paper. What they had in lieu of a credit agreement was an application form cut out of a newspaper and that was the end of MBNA. I would CCA them and see what they have. Don't put up with any of their bull.

[PGH7447]

My OH on payment plan with these jokers so I assume we will get this C*ap throught the door soon, first hint of mucking us about and CCA and SAR will be dispatched.

 

PGH7447