Mbna Loan-Perculiar Quandary

[jonni2bad]

...I mean, he can't ask for them to be repaid since he won't have paid them, ....

 

Oh yes he can (and we're not even close to Panto season!)

 

If they are requesting you pay it, then you should request they refund it.

 

Hopefully someone with more knowledge will also clarify this point - but I think it may be necessary to get two DPA requests sorted, one for MBNA and one for the debt collection agency.

 

This way you can seperate the 2 lots of charges, making one claim for a refund of charges before the debt was sold, and the other for a refund since then.

 

Hope that helps.

[jonni2bad]

With reference to those charges you have not yet paid - as things stand, you have a debt that was partially generated by unlawful means. If you think that asking them to withdraw this part will get a result, you need to place a small amount of trust in those on this site who can testify it doesn't work!

 

My own existing Halifax overdraft, being dealt with by a DCA, is around £650. This is due entirely to charges. Clearly I have not paid it, but I am claiming it back now, just as I have suggested above. Once I get my money back, they may decide to just pay that part of it directly into the account, effectively cancelling each other out, and then give me the difference.

 

On the other notes, it can be easy for people to say "don't be put off" etc, especially if they haven't experienced this sort of thing for themselves but, unfortunately, I have. Maybe to less of an extreme, but we can save that for another day....

 

It's perhaps time that you were able to bring these idiots to book for their actions.

 

Certainly start with the D.P.A. request on MBNA, but I would strongly advise that you do the same with the DCA, send this by special delivery if you can spare the extra £3.50 - you might consider it another dead end, but if they fail to respond, or inadequately, then you must report them to the Information Commissioner's Office.

 

This will likely result in a fine for them (I believe so anyway) and the I.C. will force them to supply the information requested.

 

I think it is also prudent to include a further note to the DCA, informing them that part of the debt is in dispute, and because of this they have a legal requirement not to take further action until it is resolved. You must continue to make your payments to them though.

 

I'm sure you are still thinking "did you not read my notes about them avoiding the letter of the law?" but I did. It is important, right now, that you have evidence to show you have followed correct proceedures and given them every opportunity to respond - it seems very likely that you will need to persue this claim through court.

 

If they chose to ignore your court action, all the better. You can, amongst other things, send in the bailiffs if they then refuse to pay you. If they ignore you up until court, and then offer a defence, the court will take a very dim view of their actions and you will effectively start out 'in front' as it were...

 

Clearly they have acted in a very bad way, MBNA too by the sounds of it, but I would advise you refrain from the slight slip into bad language - even when clearly warranted! You will face the wrath of the site team, and they go green and muscle bound when they are angry!