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    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
    • sorry busy day attached is a large file re clear agreement/ T&C's   is that obscured signature typed or your real sig? Exhibit__Cabot_Vs_Roland.pdf
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willing

mbna refusing my reasonable payment offer-charges continue

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Hi all, first post and apologies for the length!

 

i have a 4 year old account with mbna and it was in order until they wanted to hike my interest for the second time in 12 months

 

i chose the option to refuse it and keep the original charges, knowing no new activity on the card was possible.

 

was paying them the minimum fee for a while before xmas as family finances were tight.

 

long story short,

i stopped paying them when i got into trouble with payday loans eating up my entire disposable income and then some so i missed a few payments.

 

meantime i incured the expect charges - no problem there.

 

after 2 months i finally made a payment of £50 knowing this wouldnt clear my arrears but would reduce the debt.

 

contacted them asking to freeze late payment fees if i continue to make payments -they refused.

 

having 3 payday loans and 4 other credit cards i decided enough was enough

- i needed to get control of my finances again.

 

i produced income/expenditure and sent it to everyone and they all accepted my offer of repayment except MBNA.

 

all i was asking them to do was reset the account so i could resume the original £30 pm i was paying but they refused

 

again saying that i can afford more but i should pay the £30 anyway to stop the debt getting worse until my financial position improves in 6 months!

 

meanwhile the 30 just about covers their interest and late payment fee each month.

 

i told them to take me to court if they wont accept my offer and i will discuss it with a judge (i know...) as they were the only co being unreasonable.

 

however, another 3 months have passed, they are still charging me 30 pm charges (with interest)

and my debt is now very close to the original limit (which still shows on my statements)

and so if nothing is done soon i will be incurring late and overlimit fees.

 

so..please what are my rights here?

 

I havent paid them any more simply because it would be all eaten in charges and fully expected solicitors letter by now

(when at least the debt amount should be frozen until it goes to court)

 

advice please

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On what basis do they consider that you can afford more?

 

Has your offer been correctly based on pro rata payments.. eg percentage of disposable income?

 

I have found that if you ask National Debtline to help you produce a Common Financial Statement (I&E) then you are more likely to get your repayment plan accepted. In fact, the OFT say that they should not refuse.

 

Nat Debt use the same type of format that is acceptable in court - so MBNA would be foolish to refuse :)

 

I have posted a draft letter for you below. It is almost certain that they will sell the account on to someone like Lowell or Arrow Global. In which case you could make your offer again. The fact that it is they who are refusing to accept an offer will certainly not look good for them.

 

 

 

 

Dear Sir or Madam

 

Acc/Ref No XXXXXXXXX

 

I am in receipt of your letter dated xx/xxxx/xxxx. I am very disappointed that we have been unable to reach a satisfactory compromise in this case.

 

As I have already explained, I can only afford £xx per month at the present time, and I feel that it is pointless paying this amount to you only to see the debt increase due the addition of interest and charges. I therefore invite you to sue me for the debt, when I will have the opportunity of offering £xx per month through the courts. In addition, once judgment is granted it is understood that further interest will be suspended in any event.

 

It seems that I can only achieve a reasonable outcome to this matter by allowing the courts to decide, although this will involve us both in extra expense and time wasted with court proceedings.

 

The offer of £xx per month, on the condition that interest and charges are suspended, is of course still open for you to accept.

 

Yours faithfully

 

PRINT OR SIGN YOUR NAME DIGITALLY

 

 

 


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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

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If there are already charges on this account, you could make an attempt to reclaim them ?

 

Do you have all your statements, if not, send a Subject Access request to MBNA once you have them, we can provide you with a spread sheet.


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

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Good evening Wiling, Welcome to CAG.

 

I suggest the following letter to:

The Director of Compliance

MBNA.

 

Sir/Madam,

 

Ref: MBNA Account No. xxxxxxxxxxxxxx

 

I refer to recent communications between myself and MBNA in regard to my ability to make the required payments on this account.

 

I have provided MBNA with a financial statement and requested that charges and interest should be suspended to allow me to bring

the account back into normal status this reasonable request has been refused.

I have offered and can reasonably afford to pay £30.00 pcm towards the account t which at present barely meets the charges and interest imposed making it impossible for me to reduce the debt.

 

I am aware of the OFT Guidance 2003/2012 and section 3.7 (j) ''Failing to allow alternative. affordable, repayment amounts when a reasonable proposal is made by a debtor.

I believe subsections (k) & (m) also apply to my situation.

 

I would ask MBNA to reconsider my reasonable request to suspend all charges and interest and accept my payment offer.

 

Send by recorded/signed for delivery and check receipt.


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wow three responses already - you guys are good!..

 

i havent considered the charge refund because i thought that i would have no chance as they are all £12. however, from the moment i notified them of financial difficulties , would i have any claim for additional penalty charges from that moment on?

 

BTW i wasnt even asking for interest to be frozen/reduced just the LPCs so i was being really fair. i havent done an SAR but recon that 3/4 of the debt (just under £1000) is charges and interest.

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wow three responses already - you guys are good!..

 

i havent considered the charge refund because i thought that i would have no chance as they are all £12. however, from the moment i notified them of financial difficulties , would i have any claim for additional penalty charges from that moment on?

 

BTW i wasnt even asking for interest to be frozen/reduced just the LPCs so i was being really fair. i havent done an SAR but recon that 3/4 of the debt (just under £1000) is charges and interest.

 

MBNA should freeze all charges and interest for you in this situation.


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Please Consider making a donation to keep this site running!

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NO PENALTY charge are fair, they are all UNLAWFUL

 

get reclaiming.

 

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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hi all,sorry for the amount of detail below.

 

Ive just had a "final response" from MBNA despite this being their first contact! and they are not budging.

 

Regarding penalty charges this was their response

 

quote (edited)

On review of your account

six late default sums have been applied to your account over the past 12 months, totalling 72.00. .

 

As the late default sums have been applied to your account in accordance with your terms and conditions,

I regret that we are unable to complete any refunds. (end quote)

 

I susbsequently phoned them to say that despite me feeling i have a genuine case,

I would increase my offer to £50pm, which was considerably more than the monthly minimum if my account were in order.

 

Their response was to tell me to pay the £50 and then they would submit a request to their lending team to consider the revised offer.

 

Considering i have twice had offers refused, i wrote back refusing to pay them a penny without a formal arrangement.

 

I have concluded that if i make the payment without an arrangement then this will be to my detriment as they will continue to charge me £26 pm in charges and interest.

 

On this basis it would take a further 7 months to clear my arrears and i would incur a further £84 in LPCs alone.

 

Additionally, my main concern is that all the time they dont pass on this debt to external collections,

the balance is increasing at £26pm and by September will be up to the old limit, at which point additional overlimit fees would be added.

 

I have seen comments about refunds of charges but since Im not paying them-the amount owed is just accumulating, I dont know how this would work.

 

I'm not in a position to make a full and final and so cant explorer that option.

 

Should i just leave it till it goes external debt collection now and refuse to speak to them?

 

Should i make a £1 token payment as some have done (dont know what the reasoning behind others doing that is)

 

Thanks for our time reading my diatribe....

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they always send that letter just to make people give up.

 

do you make a spread sheet at THEIR int rate?

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Should i make a £1 token payment as some have done (dont know what the

reasoning behind others doing that is)

 

People do this to show they are not attempting to evade payment, but are offering the token payment, as a gesture of goodwill if you like. Then when their financial situation improves (if) then they can offer more.

 

MBNA and Capital One are both American outfits and think the UK rules don't apply to them. I also understand that MBNA is making moves to leave the UK credit card market, so they probably want as much as they can.


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

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I have been through this with MBNA (still am).

I owe £800 at first they allowed me to pay £10 a month, countless letters later they have refused that.

They are apparently in the process of selling my debt or taking me to court.

They suggested I keep paying the £10 payment (then stopped me access to my online account) which was how I paid them.

I have emailed them twice asking how they suggest I make those payments - so far NO reply.

Dealing with these people is impossible.

Their letters are abrupt; and make no allowances for your financial position or your health.

 

I have SAR them and see what if any thing I can claim back.

As a woman on her own with mental health issues, I find them very intimidating.

 

Good Luck!

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Forget e-mails you can never be sure that they don't go into a large recycle bin as soon as someone sees that action is needed,

 

RM recorded/signed for post, check when delivered and follow up.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Forget e-mails you can never be sure that they don't go into a large recycle bin as soon as someone sees that action is needed,

 

RM recorded/signed for post, check when delivered and follow up.

 

But they send out an automated reply to say they received it with a time etc.

I am fed up of sending recorded plus I have a 5 mile each way journey to the PO it costs me, which on ESA is money I cannot spare.

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Yes it is dear but you have to stile with it this is what they hope you give up and give in I would just send then a check or postal order for what you can afford if it goes to court you can show you have been making payments to what you can afford.

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interesting call this morning from mbna.

..long and short is they still maintain that i can afford the minimum payments and wont help.

 

however, the implication was if i started paying the £50pm then that would probably be enough for them to stop taking further action!

 

Yes of course it would be because they would still be raking back over half that in interest

and LPCs until i caught up in 7 months!!..

 

Surely this is good evidence now to get it in front of a court?

 

If they can accept £50 whilst charging LPCs then they can certainly accept £50 without further LPCs-already screwed me for 6 in the last 12 months?

 

They have also said the account is going to default this month. HOORAH!! (I Think) - Want my day in court now...

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Hi All, just a little update and advice request please..

 

.Seems they were lying about defaulting me in August but i got a letter on 3rd Sept saying it would default in 30 days (today!).

 

Actually got my first ever chaser for the debt at the end of last week - guess thats the first £12 then they are genuinly entitle to claim represents their costs :)

 

would like advice on what exactly this means once its defaulted.

 

Can they still keep adding interest and late payment charges for example?

 

Also once they add this month charge it will push me over the £1000 limit (which i consider completely irrelevnt anyway - how can a cancelled card still have a limit?)

so from now on the debt would be increasing at £38pm instead of £26.

 

I Know i need to hold my nerve and be prepared to go to court but the amount is rapidly increasing.

 

Debt was around £700 when the dispute started.

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so you have the default notice under section 87?

 

if not they'll have to go through that first

giving you 14 days to rectify before they default you.

 

now these PENALY charges

 

did you fill in a spreadsheet?

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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sorry for delay in response.

 

No i havent done the spreadsheet yet.

 

I know though that even allowing for refund of fees and interest i would still owe them money.

 

But these guys are nothing short of clowns..

.Yes i got the default notice in September and yet as of yesterday

they STILL haven't defaulted the account

-default letter just says they will default it sometime after 28 days of the date of the letter.

 

Its now 8 months in arrears due to my refusal to pay and only now are they starting to phone me for payment.

 

Suddenly they are willing to accept the offer of £50 per month

but not before a total of £300 been added in interest and charges since this started.

 

At this stage i would request clarity one point.

 

The account was effectively cancelled in March 2012 after i declined their interest rate increase

and under the terms of the increase i could continue to pay the debt

but no new transactions would be permitted.

 

At this point i consider that this is now just a debt with them.

 

However, last month after the 5 months it was with their concierge(!) team before getting a flat NO

and this was their final statement,

 

the account went over its old limit and i have been getting late payment and overlimit fees.

 

What the legal position here?

 

If i cant make new transactions then surely there is no limit - its just a debt attracting interest?

 

Should i open up a case with the FOS?

 

What if (when) they eventually close it and pass to DCA (which last caller said is what they would do) ,

can i just tell the DCA to go fish as i am in dispute?

 

Please advise..Thanks

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so with all the new charges

how do they look once the CIsheet is filled out?

 

at THEIR int rate?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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