MBNA up to their tricks again

[rmd_mbna]

I had a Beneficial credit card when I joined BSAC (scuba diving). I cant recall when I took it out but I always paid min amount or more. Of course MBNA bought the card of Beneficial and I found it harder to keep up with payments. All was still fine till late 2011 when my Business and second job collapsed. I was late with a payment and called them to advise that funds sent.

 

MBNA started calling on 30/1 with increasing frequency

 

Anyway after a while it all went tits up and I got a letter from MBNA dated 10 feb 2012

"Following a review today a restriction has been placed on your account"

 

Went to CAB (who took ages to see me) in the meantime lots of phone calls from MBNA

 

got a statement dated 22 feb 2012 £9382.11

 

following meeting with CAB sent a "unable to pay letter, only deal with me in writing" letter dated 24 feb 2012. Letter had an income and outgoings summary sheet showing I was a pauper now

 

MBNA call on 30th to confirm got my letter "Account on hold"

 

last letter from MBNA was March 13th- thnaks for telling us your new address. I assume this was a reply to my 24th Feb letter. No more phone calls

 

All seemed well but very very quiet

 

20/11/12 at 20:23

Call from some random number- turns out its Experto Credite...took 4 days of calls to get my act together to force them to give me an address and what its about. Apparently MBNA have sold me to them. To be fair apart from the first call its not been to bad- they say give me your details...I reply who are you whats it about? they say we need details data protection blah blah...I say no idea who you are not prepared to answer that...normally get a goodbye quickly after that.

 

PS

They claim to have sent 4 letters....ummmm no letters since 13th March 2012

 

So what to do

 

thinking

1) send- stop calling and write to me letter

2) send- give me details letter

3) ????

 

My dad is very distressed by this and wants to get a final offer to make it all disappear. (He is retired and getting on a bit now)

I have lurked on forum but more confused then ever at this point. I have a dialogue with National Debtline who have sent me a huge pack of info.

 

I could DRO but would rather not if I can avoid it

Edited November 24, 2012 by rmd_mbna

[rmd_mbna]

I would just add- i have no assets, an old car that I'm struggling to get £300 offers on and I do not own property (haven't done sine about 2009)

 

PS

Im also annoyed I didnt DRO it in Feb as Id only have a few months left before I could wave goodbye to the sharks

Did a spreadsheet for last 2 years thats shows that ignoring fines and interest they in theory owe me 2.5k

Edited November 24, 2012 by rmd_mbna

[citizenB]

Do you have any PPI that might have been mis sold applied to the account.

 

Do you have any default or late payment charges added to the account ? These can be reclaimed.

 

Did MBNA send you a Default Notice

Have you sent a CCA request ( for a copy of the agreement)

Have you received a Notice of Assignment from either MBNA or the new owner of the account ?

[rmd_mbna]

Do you have any PPI that might have been mis sold applied to the account.

NO IDEA, dont think so unless they added it secretly

 

Do you have any default or late payment charges added to the account ? These can be reclaimed.

Im pretty sure they added some- 22 feb shows £12. Will need to dig up other statements

 

Did MBNA send you a Default Notice

Just the account review letter on 10 feb plus statements

Have you sent a CCA request ( for a copy of the agreement)

No, CAB just advised the put on hold letter

Have you received a Notice of Assignment from either MBNA or the new owner of the account ?

No, EC claim to have sent me post but nothing from anyone

 

MBNA as far as I can tell have not done the job right

[rmd_mbna]

FYI.... the letter from MBNA dated 10 feb

 

 

From MBNA

To me

account- my account id

 

10 feb 2012

 

 

Following a review today a restriction has been placed on your account. We ask that you cut up your credit cards and credit card cheques. As from today, no further transactions will be authorised.

 

If you have a monthly subscription on this account you must contact the organisation involved to cancel this immediately.

 

If you have any concerns as to why we have taken this action on your account, please call one of our specialists on 0800 028 0690 and they will discuss this with you.

 

Our specialists are available Monday to Friday 9am to 5pm

 

yours

sig of BJ

 

Brian Jackson

Head of Recovery and Risk

Edited November 24, 2012 by rmd_mbna

[rmd_mbna]

More Info ....Found all my filing. Still had Beneficial in July 2008, first MBNA I can find easily was April 2009

 

July 09 I was 867.11 in credit with the swines, so upon checking records its £120 in fines by the look of it, plus interest etc

 

When you get a late pay fine as part of the statement there is a section saying

"This statement is also your notice of default sums"

Edited November 25, 2012 by rmd_mbna

[citizenB]

Righto, well even £120.00 is not good and can be reclaimed - if you have a statement then you should be able to see if PPI was added as it is identified.

 

You want to see sight of the Notice of Assignment as it was in its original form.

 

You want a copy of the agreement, terms and conditions from inception and at default.

 

It does not appear to me that you have received a proper "Default Notice - issued under s87(1) of the Consumer credit Act".

 

It is a statutory/mandatory notice that gives you time to remedy a breach - MBNA were pretty bad at giving the correct amount of time to remedy - which would then give them problems later in time.

 

It also looks to me as though having advised them of a financial hiccup, they have then simply disposed of you by way of assignment - this is contrary to the OFT warning that was given them whereby they were to deal with people who had problems a bit more ... professionally, shall we say !

 

I think now is the time for you to obtain all your data from MBNA by way of Subject Access Request.

 

I think you should also send a separate CCA request which should keep the new owners off your back for at least 28 days whilst they scrabble round to obtain a copy !!

[rmd_mbna]

Ok...so my plan

 

letter one on Monday- to debt collector "deal with me only in writing" letter- cant add and an account ref as Im not sure what they are phoning over

 

letter two on Monday- SAR MBNA(ie Data protection thingie for £10)

 

letter three (on ???)- CCA request from debt collector, again I have nothing from them to be certain what they are calling about, I assume but dont 100% know its re MBNA. I assume thats the £1 letter

 

Seems Ill be getting some postal orders from the PO on Monday

 

Just to check none of these will reset the statute barred clock?

 

PS

Had a good read through the info pack from debtline. Will re read later. My dad is still very stressed but I hope Ive calmed in down a little after telling him I have some people to talk to

[citizenB]

No, none of these should restart the SB clock.

 

You definitely need to do the SAR as MBNA have a habit of shredding anything over 6 years of age.

 

As a matter of interest, is there any reference to this account on your credit files ?

[rmd_mbna]

I haven't seen any of my credit reports...ill have to get round to it at some point

 

Edited November 25, 2012 by rmd_mbna

[rmd_mbna]

Had a call today. Had the usual fun over data protection- refused to answer as didn't know who was calling or what about. After a bit of a stand off we got a short dialogue going re not calling me and please write to me. They told me they would keep calling.

 

They asked me to confirm first line of my address as no XX. Seems that they have the wrong address for me and have been sending my post to my neighbors address. Checking my filing I did get a weird MBNA letter sent to my correct address saying "thanks for updating your address"...which was a bit odd at the time but I didn't query it.

 

Seems something went awry with my records- will be off to PO in a moment to get letters all sent off

Edited November 26, 2012 by rmd_mbna

[citizenB]

You might want to check with the neighbour to see if they have indeed been receiving letters meant for you.

[rmd_mbna]

Love it when someone signs for a letter telling them not to call up anymore but to write....and a few hours later you get a call from said company.

 

Ill give em a wee bit longer to log the letter and action it but I feel some complaint rage brewing.

 

Ill have to touch base with some folks but its a bit awkward to ask...excuse me have you got a load of post for me for the last 9 months

[rmd_mbna]

BUMP

 

Ok well I have had a letter from the CCA saying they cant provide me with an agreement and also a letter from MBNA saying they cant supply me with my SAR due to an address mismatch...so what next??

 

I could supply my old address in a letter and tell them to match it up to my records I suppose

[citizenB]

If you have moved then yes, it might have been a good idea to provide them with the old address.

[rmd_mbna]

If you have moved then yes, it might have been a good idea to provide them with the old address.

 

In my SAR I supplied my address that they should have as my current address- the old address I referred to is where i was over 3 yrs ago, when I moved from there i did supply them with an address update. It would appear that they have "updated" my address without me telling them to- I have no idea of which address they currently have on record.

 

I will draft a letter to them telling them the address they should have on file and the old address that it should match with.