MBNA unfair treatment

[Carrington]

This is my first time posting so please bear with me.

 

For over two years now I have been harangued by MBNA to the point of making me so ill on two occasions I had to recieve counselling help from a friend,a retired psychiatric nurse.

 

It started when I noticed that overlimit charges had been put on my credit card account by MBNA for the previous three months.

 

I know I am useless dealing with post etc but that is part of my illness and has to be put up with.

 

I also saw that they had reduced my credit limit to £10,600 (not completely sure of figure as am on a friends computer and not at home as I have not been able to get a good mobile internet signal for days now)

 

I had been using the card for small amounts,aware I was near my limit but unaware they had reduced it.

 

I rang them and complained.They agreed to refund the charges.They said they had been unable to contact me by landline months previously to discuss my account.

I asked them why having reduced the limit,they had allowed me to carry on using the card.They said it was to prevent me from being embarassed in shops.

 

I asked them why on earth they had not written to me and they were unable to give a satisfactory answer.

 

The next thing was that a few months (I think) later I saw that my interest rate had been hiked up to what appeared to be a rather large figure and my payments (by Direct debit ) which had been £197 per month were approaching £250.

 

I rang them to complain and was told I had had a letter about this.

 

I had not recieved any communications about this.

 

A check on this site revealed I should have been given the opportunity to reject the rise and continue paying the amount off at the old rate.I also saw that others had found themselves in this position and had probably objected more loudly that me and been put back onto their old rate.

 

I rang them again and stressed that I had never received a letter giving me the opportunity to reject the rate increase but they said nothing could be done.

I complained in writing,but after investigating the complaint they decided they had done nothing wrong.

 

I wrote to the Ombudsman and complained again that I had not been given the opportunity to reject the rate increase and also told them of the earlier episode of overlimit charges.

 

Months later I received a phone call from the ombudmans service and was advised that they had suggested that MBNA pay me £100 in compensation for allowing me to overspend and then putting charges on,but,in the next breath they said MBNA had got back to them and had quoted an obscure bit of small print which allowed them to do this so they had refused to pay what the ombudman had asked them to.

 

In relation to the interest rate hike they said MBNA had agreed as a gesture of goodwill to put my interest rate back to what it was,but had refused to credit me with the extra amounts I had paid over and above my original rate,money which I had really struggled to find.

 

If I did not accept their offer the case would be put on a waiting list to go before an actual ombudsman.

I asked them to do this.

 

I think it was nearly a year later when the final decision arrived,from a female ombudsman who by the tone of the letter which I started to read was pro MBNA as she seemed to me to be very unprofessional in saying that MBNA's earler offer was in her opinion more than she would have suggested (or words to that effect) and seemed more peeved I had not accepted the offer,causing her work

 

I came to the conclusion that what people had said on this site about the Ombudmans service was true.

 

At some point (all papers are at home) I had written for a copy of the agreement with MBNA which duly arrived within the 14 day period.I have a feeling this was much earlier as after I had got it MBNA sent me another interest rate increase letter,whilst the complaint about me not getting the first one was still at the Ombudsman.I remember advising the ombudsmans service about this.

 

I of course declined the rise.

 

Also after this the payments from my bank started to fluctuate wildly between £220 and £270 a month and despite two phone calls and two excuses of computer error which would sort itself out,they never did so I struck the middle line of the figures and changed to a monthly standing order of £250.

They managed to put charges on this for not getting there on time,so I amended the date.

 

I must confess I have not fully read the final letter from the ombudsman so I do not know what the decision was .

 

MBNA's latest thing with me was to apply the new rules for new borrowers to my account meaning I had to repay a percentage plus interest making the demands around £350 a month.

 

I objected to this but only got standard proforma letters back.

 

I told them I could not afford these payments,and in desperation told them I was reducing my standing order to £200 a month,still more than I was originally paying and was saving up to take them to court,and that if a Judge agreed that I had been treated fairly then I would accept it.

I was notified last friday they have sold the debt to Link.

 

There was also a period when they were ringing up to eight times a day from two diferent phone numbers but to a friends phone I had called them on once..and foolishly given them the number "" just in case we are cut off and have to ring you back"".They did not ask if it was my number of course and I wish I hadnt given it to them.

 

My intention was to save a bit of money up and ask on this site if I had a case to take them to court..but now they have sold the debt on I am not sure of the position.

 

Is anyone able to point me in the right direction please.

 

I have never defaulted on any payments whatsoever and have always paid on time by direct debit.(except as above with S.O.)

 

Thanks..hope I have not rambled on too much

Edited March 13, 2013 by citizenB
formatted

[citizenB]

I think you need to stay off the phone to them. If anyone telephones you from Link, then you should simply say that you do not discuss your financial dealings on the telephone and that you insist on everything being kept in writing.

 

Then you need to write a formal letter of complaint to MBNA's Head office. You should certainly complain that you were not given the opportunity to reject the interest rate hike and that you would like them to remedy this.

 

You should work out exactly how much you can afford to repay and then set up a standing order to Link.

 

You can reclaim any charges from MBNA. Was there any payment protection insurance on the account? If so, then you might be able to make a claim for mis selling.

 

On what grounds would you try taking MBNA to court ?

[Carrington]

Thanks I was hoping that perhaps under legislation I have read on this site that because they refused to repay what I paid them over what my original rate was,that this would be classed as unfair,and also the application to my account of new rules for new borrowers,in which a percentage of the balance is paid off as well as the interest,without any thought whatsoever as to whether I could afford the payments..now up to over £350..would also be seen as unfair,as obviously this is a massive hike in repayments..

I hope someone can advise me if this sounds possible...also can they just sell the debt when there is still obviously a dispute over the account??

Any help or advice greatfully recieved.

[Carrington]

Please note if any replies..at the moment I have internet problems and am using a friends in the next village so there may be a delay in my treply..Sorry

[citizenB]

Thanks I was hoping that perhaps under legislation I have read on this site that because they refused to repay what I paid them over what my original rate was,that this would be classed as unfair,and also the application to my account of new rules for new borrowers,in which a percentage of the balance is paid off as well as the interest,without any thought whatsoever as to whether I could afford the payments..now up to over £350..would also be seen as unfair,as obviously this is a massive hike in repayments..

I hope someone can advise me if this sounds possible...also can they just sell the debt when there is still obviously a dispute over the account??

Any help or advice greatfully recieved.

 

 

They shouldnt be selling the account whilst there is a dispute - however that is what they do.

 

I am not sure whether or not they can apply the new rules to older accounts. Will try and find out for you.

[citizenB]

the only thing I can suggest you do is to obtain copies of the terms and conditions that might advise they can do this. I suspect that they will be able to do so

 

Your only alternative is to default on the account and enter into a repayment plan, hopefully with interest and charges frozen - obviously this will deny you the use of the card.

[caro]

As Citizenb has said, you should stay off the phone with them. If they contact you keep a log of dates and times.

[dx100uk]

ok we need to stall things whilst we get data

 

send a CCA request to link

 

send an SAR to MBNA

 

can you get a copy of your CRAfile too please

 

let get the true picture

 

see below.

 

dx

[Carrington]

Thanks have only just seen reply still having to use friends computer..somehow have clicked on wrong button and unsuscribed myself from the thread..how do I get back on??? must say am pretty useless with technology but will do as suggested over the weekend re sending sar

[citizenB]

I it is likely you have resubbed to the thread as you have posted on it ! However, you can always click on "User CP" at the top right hand of the screen, where you will pick up all threads you are subbed to.

[Carrington]

I have just typed out the SAR request ..was going to post it tonight but instead I will send it recorded delivery tomorrow morning.

I was halfway through the CRA form and it asked for card details..did not have wallet with me so will do this in next day or so when I am next at computer.

I wonder if I should advise the Link company that I am still in dispute with MBNA...who shouldnt have sold the debt...any thoughts ??

[dx100uk]

ignore link

 

dx

[dx100uk]

though you've sent the CCA to them yes?

 

dx