EricTheRed V Mbna

[EricTheRed]

MBNA have responded this morning by letter and offered me £100 as a gesture of goodwill. I will of course accept this but will be asking for a refund of all my fees. the problem is they have only sent me a statement from 1st August 2005 when they took over the credit card from HBoS. The balance outstanding of course includes all the penalties appiled by the previous provider HBos. Are MBNA under a legal obligation to supply me with information prior to Auugust 2005? I would have thought so.

[EricTheRed]

/////////////

[angry cat]

Hi Eric the Red-

 

I think if it was me I would send a DPA request for statements prior to August 2005 to both MBNA & HBOS but send the £10 to HBOS as they must have copy statements stored. Remember to quote the HBOS card number as it must be different to the MBNA one?

 

When MBNA took over operations on the Card they also took over all the customers, as you know

 

If anyone has any better ideas, please answer Eric's post!

 

Hope this helps Eric

 

angry cat

[surreyscouse]

surely if MBNA took over all of the accounts from HBOS, then they must inherit all of the risks involved, i.e. bad debts and charges. I think it might be worth a phone call to seek clarity on this.

 

I would think MBNA would have some sort of access to the old files because they would probably make their own assessment at some point to see if they wanted somebody to remain as a customer

[EricTheRed]

Eric The Red v MBNA

 

Received a letter from Steve Bailey on Friday offering app £600 against a claim of £825.

 

Here is my response

 

MBNA Europe Bank Ltd

PO Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

 

Monday, 05 June 2006

 

Steve Bailey – Head of Customer Advocate Office

 

Reference: - xxxxxxxxxxxxxxxxxxxxx

Card number:- xxxxxxxxxxxxxxx

 

Dear Mr Bailey

 

Thank you for your recent letter.

 

Please note that I respectfully decline your offer of settlement and request, once again, that you return to me ALL penalties made on this account.

 

I require repayment in full of this money and removal of the default notice(s). I have begun a claim against MBNA for recovery of approximately £825.00 for penalty charges applied to the above credit card. They are detailed on the attached spreadsheet for your convenience detailing the penalties applied to the credit card including any interest that may be claimed as allowed by the County Courts Act (1984) s69.

 

Yours sincerely

 

MODERATED threads joined .please keep to the one thread when updating or asking questions this is for your benefit and the benefit of everyone following your claim

[surreyscouse]

well done Eric, sit tight and watch the money come rolling back !

[EricTheRed]

It will come rolling back as quick as a Johnson/Beattie strikeforce maurauding their way through the PL!!!!!!!!!!!!!!!!

 

Thanks SS and all for your advice and guidance. Just got Abbey and Capital One to go. Abbey might be a tough nut to crack given their attitude but I think I have Capital One in the proverbial head lock at the moment.

[EricTheRed]

I know someone from MBNA will be watching this forum.

 

Well I think I’m nearly there with MBNA and very close to a settlement. I have the papers ready to go. My claim is for £775 plus cost plus interest.

 

Last week I received a letter from Steve Bailey offering me app £600 in a refund. I wrote back to him and refused this and stated that MBNA should refund the full amount otherwise I would proceed with my claim.

 

The other night I received a call (at 9pm) from Customer Advocate David Pemberton. David explained to me that the account was 7 months in arrears and that £600 had been credited to my account. I explained that I had formally rejected this offer in writing to Mr Bailey and that I would be taking MBNA to court for the full amount of £775 plus costs plus interest. I am surprised that MBNA’s assumption that I would accept this £600 offer and that they credited it to the card. I explained to David that the penalties that they had applied had taken the card over its current limit and that once the monies had been returned to the card balance then the card would be well below the limit. I also explained that the costs were unlawful and I would be willing to challenge this in court with MBNA. David has written to me (countersigned by Marcus Waring – Customer Assistance Section Manager) and offered to refund a further £175 to the card, which would in effect be a refund of all the charges, conditional upon me paying £100 off the balance. He kindly enclosed some paying in slips in the letter. I’ve written back requesting that MBNA also confirm that they will remove any default entries from the register stating that mere correction or amendment to the entry will not be acceptable.

 

Should I accept the latest offer from MBNA and leave it like that or should I hold out for written confirmation that defaults have been removed?

 

Many thanks

[callumsgran]

hold on for the confirmation, if they dont withdraw the default carry on to court. then you will get all your interest as well!

[EricTheRed]

Thanks I think I will.

[grey_lady21]

Also check that the credit has actually shown up on your account!

 

I had a letter on the 2/6 saying that they had credited my account with £389 (enough to clear the balance but not all of the outstanding amount)

yet i've just phoned the normal customer service dept and the refund hasnt been processed onto my account.

[EricTheRed]

despite all the emails and dialogue with MBNA and being told that they would credit the card with £600 and (subject to me paying £100) the balance of outstanding penalties I have received a yellow leeter from MBNA.

 

This letter is quite threatening.

 

"Notice of proceedings from MBNA EBL.

This not a court document

 

PLAINTIFF: MBNA EBL DEFENDANT: Mr Eric The Red

 

Amount Due:£3051.16

 

Account: XXXXXXXXXXXXXXXXXXXXX

 

YOU ARE NOW LEGALLY REQUIRED TO TAKE ONE OF THE FOLLOWING ACTIONS TO PREVENT LEGAL PROCEEDINGS BEING TAKEN AGAINST YOU:

 

Pay the full maount due by 1.00 pm on Wednesday 21st June

 

call MBNA to negotiate a reasonable repayment plan

 

8.00am - 9.00am Monday to Thursday

8.00am - 5.00pam Friday

8.00am - 12.00pm Saturday

 

This is your final chance before MBNA register a default on your credit file

 

At this point court action may be taken without further warning. Court fees, legal costs and interest may be added to the sum you owe now. If you fail to comply with any court order MBNA may request the court to take one of the following steps to recover the full maount outstanding.

 

Deductions from your salary (Attachment of earnings)

The order for the sale of your property

Your financial situation examined in court

 

Call now if you want to prevent any proceedings from being taken."

 

What are they playing at?

[surreyscouse]

I'd phone the advocates office and see what they say. I would say to them that this is not what was agreed, the Mrs read the letter and called you up in tears and why should she do that for their mistake. I would lay it on quite thick and ask wha they intend to do to rectify matters. Similar thing myself with British Gas a couple of months back and the mrs got a big bunch of flowers and a bottle of wine.

[grey_lady21]

I get the feeling that the two different depts here are working entirely seperately. I finally got the refund through onto my account (which i had accepted as part settlement) but it was something that the normal customer service dept didnt know about and the dept dealing with all these claims seem to move quite slowly. It appears that you've been sent a std letter by the customer service (advocate) team. You may have to phone them and point out that Gareth et al are dealing with it and will they kindly stop sending you such stressful letters!

 

 

hth

[EricTheRed]

The plot thickens even as I type. I received the following this morning from Scott Bailer - Director of Customer Assistance. They are offering a 60% saving on the full amount. Problem is that I don't have the money to meet their timetalbe.

 

"Dear Mr EricTheRed

 

Your current balance of £3051.16 is scheduled to be written off as a bad debt imminently. This means that for the next six years any potential employer, car dealership or creditor who utilise the services of a credit reference bureau will be able to see details of this information on your credit file. When the default has been registered your account will be sold to a third party.

 

As a final attempt to demonstrate our good faith in resolving this matter we are giving you the opportunity of saving up to 60% of your outstanding debt - that's £1830.70, which will be dependant upon your individual circumstances.

 

This means that you could pay as little as £1220.46.

 

You will also relieve yourself of the responsibility for

repaying the remaining debt of £1830.70.

 

Call now for further details and to take advantage of this offer!

 

We may be also willing to give you three months to pay this amount, subject to adherence to the following payment dates and amounts:

 

£40.03 by Monday 26 June 2006

£85.41 by Monday 24 July 2006

£1,095.02 by Friday 25 August 2006

 

If any payment is not received by the due date, this offer would become null and void. Furthermore, we may take recovery action for the full outstanding balannce. To avoid this action, you could consider one of the following options to raise these funds.

• Requesting assistance from relatives and/ or friends.

• Re-mortgaging your property which would release equity to pay off your creditors

 

Call now to discuss this offer or alternative options on 01244 879 090. One of our account managers will be available Monday to Thursday 8am to 9pm, Friday 8am to 5pm and Saturday 8am to 12pm.

 

Yours sincerely

 

Scott Bailer

 

Director of Customer Assistance"

 

 

 

So my question is. How should I respond to this given the trail in previous postings? My initial thoughts are to email him and ask that I would accept a refund of the penaltiies as full and final settlemeent and they could then write the debt off as settled - of course they would have to remove any defaults that had been registered.

 

Advice pelase on my response to MBNA.

 

Thanks as always

[surreyscouse]

This may not be as bad as it seems really. Take the £1220.46. over the next month or so you will pay £125.44 which brings it down to £1095.02 obviously.

 

Your claim will be sorted by the time the final payment is due so deduct £775 from the outstanding balance and you only have to pay £320.02. So all that has physically left your pocket is £445.46. Not bad to get rid of a £3051.16 debt is you ask me.

 

I personally would go for it ! There letter says nothing about charges being refunded etc. so I would just deal seperately

[EricTheRed]

I'll email him with a response. It's obvious that the left hand doesn't know what the right hand is doing in this organisation. First I get threatening letters, then a compromise, then an offer effectively of refunding all the penaltiies, then another threatening letter, then an offer to settle the debt at 60% discount (with a hint of a threat in the text). This would make a good press story methinks. Has anyody got any contacts?

[surreyscouse]

i've often thought of emailing Tony Hetherington who is the peoples champion in the mail on sunday financial suppliment. might be worth a shout

[EricTheRed]

Do you have an email address for him or anywhere I could get one?

 

Thanks

[surreyscouse]

this is the best one i can find at short notice

 

[email protected] . possibly mark it for Tonys attention

[EricTheRed]

Cheers

[grey_lady21]

Havent got much to add to that - I think the suggestion of using the refunded charges to pay off the reduced debt as full and final seems like a good plan if you can get the timing to come together.

 

One thing though - your credit rating may well already be affected if MBNA have marked you down as having late payments or as being on an arrangement with them, the latter can potentially be just as damaging as having a default anyway.

[surreyscouse]

good point, they will mark your credit file as "partial payment" and "settled". not sure myself if these arrangements get frowned upon by other lenders though. That said , it is human nature to be pesimistic about things so chances are lenders will always air on the side of caution when making decisions.

[EricTheRed]

MBNA latest update - response to Scott Bailer

 

"Mr Bailer

 

I’ve had a call from Matthew (McGrath???? probably not come to think of it) this morning (I said I would ring him back but unfortunately didn’t have his number as it came up on my mobile as “Private number”). Matthew has asked when I am going to make the payment arranged with David Pemberton. David wrote to me and enclosed some payment slips to make the payment. This was arranged because I believe that I explained that I no longer had a debit card and that would pay as soon as I could. Unfortunately I don’t get paid until the end of the week. In any case I would strongly object to leaving my debit card details (if I had one) with somebody who said they were part of your organisation without giving me any proof. This person didn’t even ask any security questions. If he would have known he would have been aware of why I received some bank paying in slips. On this basis I won’t be answering his call. I have become very security conscious given the recent spate of crime involving debit and credit cards. You will note from all my previous correspondence that I rejected the original off of £600 yet your assumption by crediting the account is that I have accepted this. Could you please respond in respect of the email below? At the moment there are 2 different deals on the table from MBNA

 

1 MBNA will refund the penalties

2 MBNA are offering me a reduction in the balance to settle – you have details of my counter offer - but FTAOD - MBNA refund all penalties applied to the account as full and final settlement of the outstanding balance and in addition I ask that any defaults registered against my name as a result of the late payment/overlimit fees are removed from the relevant register - and I am still awaiting a response from MBNA on that particular point.

 

 

Rather confusing don’t you think?

 

As I have explained on more than one occasion I won’t accept anything from MBNA unless and until you have corrected my record with the various credit agencies where a default has been registered as a result of the unlawful charges you have imposed.

 

Could you let me know just who is dealing with my situation within your organisation. is it your department? Is it Stuart Johnsons Department? Is it Matthew Mc Graths department? Is it Richard Honeys department? Is it Marcus Warings department? I have received various letters from different people within your organisation (including a very nice post card covered in footballs) and in addition I've had several discussions with different members of your staff from different departments. Please would you mind delegating this to one person from within the MBNA oligarchy who can give me a definitive answer instead of all these chinese walls that seem to appear at every opportunity? ?

 

I trust this clarifies the position and I look forward to your response.

 

EricTheRed

[surreyscouse]

That's a good idea. It actually gives them an opportunity to clarify matters once and for all. I am quite surprised that they have not put a stop on calls already, keep going though mate, you'll get there in the end !