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Tristesse
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Hello there I'm new to this forum and you will forgive me if i have posted this in the wrong place.

 

Very recently my partner and I were subject to the tax credit fiasco (losing them due to an apparent overpayment). These formed a very significant part of our income and as such I could no longer afford the repayments on my Credit cards and Loans. I immediately sought advice from a number of very helpful charities and subsequently wrote to my creditors asking for reduced payments and acceptance of a much lower pro rata payment for the monies i owed, i included a full budget sheet. One (HSBC) responded superbly refunding all charges that had been added and setting up a new payment on 0% interest even giving me until January before the much lower payments commenced.

The other (MBNA) at first responded well asking me to send the tax credit form just for verification and that would be that. (The lady even stated on the phone that all interest had been frozen from that day forth. This was far from the case). After several weeks of sending the form I have recieved no reply and they state they havent recieved it. I'm currently getting 3 or 4 phone calls a day demanding high payments and to cap it all yesterday a supposed manager contacted me demanding to know my pro rata offer (which i know he had in front of him) and demanding to know what I'd spent the money on, what assets i held and then ranting about how he was going to investigate me for fraud eh? He also stated the balliffs would be coming.

 

The trouble I am having is where to go from here. The charges with MBNA are building but they will not negotiate a lower payment. They simply do not want to know. Any advice would be greatly received.

 

Many Thanks

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Hi there, my first advice is trying though this is and worrying, there are over 80,000 people here who will guide you through this. So feel empowered by the assistance that will be forthcoming because the first thing to do is take back control.

 

Phone calls - intimidating phone calls must stop so write a letter informing them that they must contact you only in writing and that you will not accept any telphone calls from here on in.

 

If they continue to telephone they will be deemed harrassment and in breach of the various Acts thus:

 

"As I am sure you are aware Harassment of Debtors is a criminal offence in England and Wales under Section 40 of the Administration of Justice Act 1970.

 

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003.

 

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997."

 

Make it fit your circumstances and get it to them as soon as you can to all those phoning:

 

That should sort that out. If they continue we have our ways of stopping them in various formats....:D

 

As for Bailiffs... Nobody can send in bailiffs unless they have an order from the court ie: a County Court Judgement against you and to even suggest it is breaking the law. Their action should be reported to the Trading Standards as they have rules too. What I would also suggest is sending a Data Protection Act Subject Access Letter from the library on the site here along with a £10 P.O. to all these people you owe money to as if your charges are accruing we have to stop those too and reclaim them. I'm sure you have read through a number of threads and the FAQ's but it always seems when you are under this pressure as though you want the answers before you really have had time to read up.

 

One thing at a time. 1) Letter to stop phone calls- just tell them if they phone the accounts are in dispute, you will not discuss them on the phone and please make note that you do not wish to have any more calls or you'll call the police. Take control. 2) S.A.Requests to all creditors, wait for them to send all your account details and then work out your charges. If the account is in dispute they cannot press you for payments although I wouldn't advocate spending the money for payments, just put it under the mattress for a week or two whilst you sort this out.

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Many thanks for your reply Andrew.

 

I will write a letter today and send it recorded asking for the intimidating phone calls to stop. I know MBNA record there calls so might it be worth my while requesting that they send me the recording of the call in which they state they will send the baliffs round and accuse me of commiting fraud? Surely this can be obtained under the freedom of information act and I will pass it on to trading standards.

 

As for the charges and Interest I will try what you have suggested and see if they respond in any way. The biggest risk i'm running at the moment is that HSBC might deem it unfair that they are not charging and MBNA are and perhaps add there own putting me back to square one. Can they do this?

 

Also the 'manager' stated to me that the minimum he would accept was £60 pcm and this would not cover the card only the loan. There is absolutely no way i will be able to make this as the pro rata offer to them including the card is £45. If they do not move on this is there anything i can do other then wait for them to get a CCJ against me and the court to accept the £45?

The debt management department within MBNA already stated that they would accept the £45 payment so where I'm a little confused is why a manager then contacts, harreses and says he won't? Surely this isn't good practice.

 

Many thanks again for your advice

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If they do not move on this is there anything i can do other then wait for them to get a CCJ against me and the court to accept the £45?

 

Yes, call them on their bluff.

 

Tell them that the offer of £45 the maximum you can repay, and that if they want more, they'll have to go to court for it, and see if the judge is willing to grant them more. Remind them that if you have to defend in court, you will ask the judge to infact set the amount HE deems acceptable, and that may well turn out to be less than £45, and you'll bring to the judge's attention that you tried to reach an agreement outside of court, but that they insisted on bringing a frivolous (under the circumstances) lawsuit, and that you'll therefore ask for the judge not to award them their costs, since they could have avoided those costs had they been more reasonable.

 

That should knock a bit of wind off them. :-D

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you should fill in your income and expenditure. then with the remaining amount you have (this is called your surplus) you should divide it up on a pro-rata basis amongst your creditors. this means the people you owe the most to would get the biggest percentage of the surplus.

 

it might take a few attempts to get them to do this.

 

if they keep asking for unrealistic amounts, do call their bluff as ultimately the court staff would decide what is "just" on a ccj. It is also very very likely that your interest and charges would stop on a ccj (99.9% likely). so long as you keep up with the instalments on your ccj, they cannot take any further enforcement action.

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Many thanks for your replies. I have drafted a letter:

 

Dear Sirs,

 

I am writing to inform you that as of today 23-11-06 I will only be dealing with communications from your company in writing.

This is due to members of your staff harassing me over the telephone and not acting towards achieving a solution to my current financial problems with yourselves, but indeed adding to the problems by leaving me further depressed about my debts.

I have documented dates and times of previous calls which I deem to be harassing and will accordingly forwards these to Trading Standards.

 

As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970.

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

 

I am in no way attempting to block any written communications from you and will continue to fully cooperate with these.

 

I have also attached another copy of my pro rata offer for repayment, a copy of my personnel budget sheet, and a copy of the tax credits form showing my greatly reduced payments.

 

I would like to note that in relation to my offer of a pro rata my other creditors have accepted.

 

Yours Faithfully

 

 

Does this seem ok? I wasn't exactly sure what to put but I thought that as they had been constantly asking me to tell them the details from the personnel budget sheet etc over the phone (which they always have in front of them) perhaps they'd like another copy.

 

Thanks again

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Many thanks for your replies. I have drafted a letter:

 

Dear Sirs,

 

I am writing to inform you that as of today 23-11-06 I will only be dealing with communications from your company in writing.

This is due to members of your staff harassing me over the telephone and not acting towards achieving a solution to my current financial problems with yourselves, but indeed adding to the problems by leaving me further depressed about my debts.

I have documented dates and times of previous calls which I deem to be harassing and will accordingly forwards these to Trading Standards.

 

As I am sure you are aware Harassment of debtors is a criminal offence in England and Wales under section 40 of the Administration of Justice Act 1970.

Furthermore, continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 127 of the Communications Act 2003

In addition every individual has a right to be free from harassment under the Protection from Harassment Act 1997.

 

I am in no way attempting to block any written communications from you and will continue to fully cooperate with these.

 

I have also attached another copy of my pro rata offer for repayment, a copy of my personnel budget sheet, and a copy of the tax credits form showing my greatly reduced payments.

 

I would like to note that in relation to my offer of a pro rata my other creditors have accepted.

 

Yours Faithfully

 

 

Does this seem ok? I wasn't exactly sure what to put but I thought that as they had been constantly asking me to tell them the details from the personnel budget sheet etc over the phone (which they always have in front of them) perhaps they'd like another copy.

 

Thanks again

 

 

that looks just the ticket!

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Thanks again for all the advice it really is making me feel alot better about the whole situation. I've posted all of the stuff today and if they ring tonight (which they will) I will simply read them the letter i've sent and end the call. As my debt is very recent I haven't actually actually missed many payments however the trouble I am having now is that the interest on the Credit Card has put it over its limit so now each month I am getting a late payment charge, over limit charge, plus a whole loada interest. Do you have any ideas as to how to stop this as I only owe £2500 on the card but after 2 months its upto nearly 2800. I have requested many times for interest and charges to cease but the pro rata offer has been both rejected and accepted over the phone and nothing is happening.

 

Could i try inviting them to take me court? Also i know this sounds really stupid but this month I will make my pro rata payment regardless of its acceptance how do I go about this? I don't have a cheque book so cashiers cheque from my bank?

 

Thanks again

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the interest on the Credit Card has put it over its limit so now each month I am getting a late payment charge, over limit charge, plus a whole loada interest. Do you have any ideas as to how to stop this

 

The interest may not be, but the late payment charge and overdrawn charge are all unlawful penalties and are reclaimable through the process that this website was originally formed to champion. Go to the MBNA forum and read a few threads there :)

-----

Click the scales if I've been useful! :)

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Thanks will take a look and get the ball rolling. I was just wondering seeing as MBNA's staff who have contacted me thus far have been completely unhelpful might it be woth a go emailing the man at the top with all of the details I have provided them (personnel expenditure form, Pro rata offer etc) and ask if he could review them instead? I believe this man Micheal Rhodes ([email protected]) is heading the operation at the moment.

I doubt it will work but have to get something moving.

 

Cheers

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Thanks will take a look and get the ball rolling. I was just wondering seeing as MBNA's staff who have contacted me thus far have been completely unhelpful might it be woth a go emailing the man at the top with all of the details I have provided them (personnel expenditure form, Pro rata offer etc) and ask if he could review them instead? I believe this man Micheal Rhodes ([email protected]) is heading the operation at the moment.

I doubt it will work but have to get something moving.

 

Cheers

 

Nothing is ever lost by contacting the main man as it were, but I'd still put it in writing and send it recorded delivery too. Always better to have a paper trail should the email be ignored. Good luck - we're all watching......

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Letter sent will let you all no if I get a reply highly doubt it but I put some legal stuff in about the harassment so hopefully it will get some notice. Have also sent it via recorded post.

As I clicked the send button MBNA again called me at work (3 times today) but this time said it was GFI or something acting on behalf of MBNA anyone heard of them? Are they a debt collection agency?

 

Cheers

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Letter sent will let you all no if I get a reply highly doubt it but I put some legal stuff in about the harassment so hopefully it will get some notice. Have also sent it via recorded post.

As I clicked the send button MBNA again called me at work (3 times today) but this time said it was GFI or something acting on behalf of MBNA anyone heard of them? Are they a debt collection agency?

 

Cheers

 

Tristesse, this is not an agency I personally have come across, but if it is an agency and not MBNA and they phone again tell them the account is in dispute and you do not owe THEM anything until they provide proof they have a right to ask for money. Ask them for their full details, name address, contact number and persons name - ask them if the debt has been sold to them or whether they are just collecting on behalf of MBNA. Once they have told you all that tell them to NAFF OFF :D

 

If they have bought the debt come back and we'll tell you what to do as the rules change. But remember to remind them of the telephone calls procedure.

 

Isn't it great to be in control ? :)

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Well I must say I personnally feel a million times better than the first time I posted here and I cannot state my thanks to you enough for the help provided. I shall again use your advice which hasn't failed me to date. I know this sounds pedantic but how on earth people in these call centers justify there belittling and rude approach to people who were deemed customer up until the difficulties started is completly beyond me. Its sad as people without internet access etc pointing them to this and other forums must feel just as depressed about it as I have been and its no way to live.

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Well I must say I personnally feel a million times better than the first time I posted here and I cannot state my thanks to you enough for the help provided. I shall again use your advice which hasn't failed me to date. I know this sounds pedantic but how on earth people in these call centers justify there belittling and rude approach to people who were deemed customer up until the difficulties started is completly beyond me. Its sad as people without internet access etc pointing them to this and other forums must feel just as depressed about it as I have been and its no way to live.

 

What you'll find over a period of time Tristesse is that they will begin to change their procedures and approaches as they will be the first to pass on their own complaints to management that we are now beginning to play them at their own game, but we do it by using the laws they choose to ignore. Many of the Debt Collection Agencies are back peddling because there are so many of us on here that have started to pull the Acts of Parliament to pieces, question Ministers and MP's and actually challenge them using the Law of the land. Bankfodder & Dave who set this site up complain like hell at anyone who tries to use the information on here to evade their responsibilities to pay their way out of debt because the site has always held the moral high ground - imply you are doing that and woe betide you :eek: they'll be after you and by promoting the moral high ground the whole site throws it weight behind challenging these parasites of banks and Debt Collection Agents who abuse the law by using the very laws put in place to protect the most vulnerable who would never even contemplate that the bank was wrong. I know numerous people who think the whole idea of reclaiming these unlawful charges is barmy - more fool them I say, but you will find a change of attitude appearing over time of that I am sure. In the meantime of course, we just keep putting them in their place and throw the law at them. We win the moral high ground and get justice. It is just the synergy and empowering strength of so many people working together to achieve what you or me alone could never do. Keep strong. enjoy your weekends :)

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Very well put, just a small update it looks like the email i sent to Micheal Rhodes might have had some effect. I recieved one call yesterday from the debt collection agency. Said exactly as posted (debt in dispute etc) he then asked if I wanted to speak to his manager haha no chance didn't want to talk to any of them. Anyway later on I get a call from MBNA the lady saying she was part of the senior team (can't confirm this unfortunately, can't find where i wrote her name down) and stating that we needed to sort this out and get reduced pro rata payments in place. I said that was my aim however i'd sent all of the information required and had nothing back. She gave me a fax number to resend the information to on monday morning and then her team would take a look at it and sort something out. She asked me about the call I received from a supposed Manager last week and apologised (which i said i would like in writing I won't hold my breath). She also said that there wouldn't be anymore harassing phone calls but we'll have to wait and see on that.

 

Anyways i'll fax the information through first thing monday morning and I'll let you all know what happens.

 

Cheers

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Very well put, just a small update it looks like the email i sent to Micheal Rhodes might have had some effect. I recieved one call yesterday from the debt collection agency. Said exactly as posted (debt in dispute etc) he then asked if I wanted to speak to his manager haha no chance didn't want to talk to any of them. Anyway later on I get a call from MBNA the lady saying she was part of the senior team (can't confirm this unfortunately, can't find where i wrote her name down) and stating that we needed to sort this out and get reduced pro rata payments in place. I said that was my aim however i'd sent all of the information required and had nothing back. She gave me a fax number to resend the information to on monday morning and then her team would take a look at it and sort something out. She asked me about the call I received from a supposed Manager last week and apologised (which i said i would like in writing I won't hold my breath). She also said that there wouldn't be anymore harassing phone calls but we'll have to wait and see on that.

 

Anyways i'll fax the information through first thing monday morning and I'll let you all know what happens.

 

Cheers

 

Well done. - see?, It works doesn't it? :D

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Certainly does, haven't had any calls today thus far so maybe they have taken notice of the harassment letter. Just for good measure I made a complaint to watchdog. Acording to people I spoke to at the National Debtline and Payplan MBNA are one of the worst people to have any debt with so hopefully a few people have complained to watchdog and we can get it dealt with. I for one would love to see one the them **** squirm on TV.

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I love it when we see a result like this.

 

One of my friends was the same, phone call after phone call for her Cap1 "debt"... One letter to stop phone call, and then it turned out that they owed more in charges than she owed them! Sometimes, it's just peachy, ain't it? :-D

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A small update I sent all the information to the number and also posted it by recorded delivery just for good measure. Thus far I haven't got anything back and whilst I was out yesterday I had a phone call to my house. Now the wife tells me he sounded pretty British so i'm not sure whether it was a debt collector (normally they're from an Indian call center). I might try and ring there 'debt management' department later and see what they say.

Had no official reply from Micheal Rhodes but until yesterday I hadn't received a single call from MBNA.

We shall wait and see, next I'll be after the charges as I'm sure these are racking up.

BTW did anyone see London's Metro paper last night? It claimed over 50,000 people had claimed charges back and from their studies not a single one had gone to court. Hopefully someone will have the article at work today and i'll scan it and up it.

 

Cheers

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A small update I sent all the information to the number and also posted it by recorded delivery just for good measure. Thus far I haven't got anything back and whilst I was out yesterday I had a phone call to my house. Now the wife tells me he sounded pretty British so i'm not sure whether it was a debt collector (normally they're from an Indian call center). I might try and ring there 'debt management' department later and see what they say.

Cheers

 

Why Ring them Tristesse? If they have been told not to call just let them call again and this time be prepared with your answers - NAFF OFF :D or I call the police - that'll quieten them down.

 

Seriously though, Why go trying to find out who it was - they will call again if they are ignoring your letters and a quick quote of the Acts outlined in your letter will squarley put them in their place. If they become pedantic and pushy just put the phone down, That may not be something you like doing to anyone, but what is it about NO they don't understand?

 

Let nature take its' course. MBNA seem to have started a reasonable rapport so develop and nurture that.

 

Haven't seen metro so be interested in seeing it.

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