Mbna Nightmare!!!!

[Cornucopia]

Hi all, having a nightmare with MBNA.

 

In July time, I contacted ...as my husband was having difficulty with his huge MBNA debt.

 

He was fantastically helpful and agreed to freeze interest and charges and refund all charges made to account thusfar.

 

He then told me that my husband could pay back £120.00 a month over 10 years. Not ideal, but at least the debt would be reduced and no further interest and charges added.

 

So far, so good.

 

Waited weeks for an Asset & Expenditure form from them, when it arrived I filled it in and returned it at around the end of August.

 

Then..........nothing. Emailed ... who didn't respond until a few days later but explained he had a family issue

and would be out of the office for a while and that ...would oversee things in his absence. Emailed .., copied .. in.

 

Asked what had happened to our A&E form that we returned. Heard nothing.

 

Have emailed about 15 times since, I did have ...direct number at one point but cannot find it anywhere and it doesn't appear to be on the site.

 

Also where I work there is no privacy so impossible for me to call in the day so I rely a lot on email.

 

We then received a letter from a random bloke called ...saying that this was our "last chance" to take action with the account before it got nasty (in not so many words).

 

I emailed him immediately explaining the situation and that ...were dealing with it but heard nothing.

 

I have now just received a default notice from a company called Arrow Global LLC saying that my husband had to pay £2,150 by today or they will be taking him to court.

 

Husband is at wits end and says to hell with it, let them take him to court, given we have done everything that was required of us.

 

I immediately wrote to them (faxed and posted) explaining all of the above and that in our view MBNA should not have assigned the debt.

 

I asked them to confirm receipt, so far nothing, but then it was just before Christmas.

 

It says on the default that if he pays the money, no further action will be taken, but frankly, we haven't got that amount available to us.

 

I have emailed ...straight away but got an out of office reply from Gavin (until 28th December), have emailed twice since, but have absolutely no response whatsoever.

 

This is really really odd, ..... has always been very helpful and I can't believe they would just ignore us.

 

Furthermore, ... did not credit the charges as promised, nor freeze the interest and £2,000 has been added since I first spoke to him!

 

I am so surprised at how this has gone because .... is in fact a lovely chap and has always been really helpful and kind to me.

 

I am at a loss at what to do. The Default is scary, advising husband to get a Solicitor etc, we can't afford a bloody solicitor!!!!

 

I am going to gather up all the information tonight and fax it through to ... tomorrow when I am in the office, with copies of everything.

 

I know that there is a fax number for his office in the MBNA sticky. He surely can't ignore a fax?!

 

Can anybody give me any advice at all? I am absolutely worried sick!

[stan5131]

Dont panic. Firstly, hit the debt collection agency with a cca. You will find template for this on the site (bank letters). Enc £1 postal order. This will put the debt on hold and they cannot register the default whist the debt is in dispute. Send SAR request to MBNA. I really wouldnt bother contacting MBNA again other than the SAR request. They are obviously incompetent. We are all here to help you, so dont worry.

[Cornucopia]

Dont panic. Firstly, hit the debt collection agency with a cca. You will find template for this on the site (bank letters). Enc £1 postal order. This will put the debt on hold and they cannot register the default whist the debt is in dispute. Send S.A.R - (Subject Access Request) request to MBNA. I really wouldnt bother contacting MBNA again other than the SAR request. They are obviously incompetent. We are all here to help you, so dont worry.

 

Hi there, thanks so much for your reply! I will do that tonight and send tomorrow, however, where does that leave me with our arrangement to pay and the asset and expenditure form? I think the left hand doesn't know what the right is doing there and I have consistently kept them informed. What is galling is being ignored, that is just not on!

[Cornucopia]

Dont panic. Firstly, hit the debt collection agency with a cca. You will find template for this on the site (bank letters). Enc £1 postal order. This will put the debt on hold and they cannot register the default whist the debt is in dispute. Send S.A.R - (Subject Access Request) request to MBNA. I really wouldnt bother contacting MBNA again other than the SAR request. They are obviously incompetent. We are all here to help you, so dont worry.

 

 

Hi, sorry to be a nuisance, can't find a CCA letter under the library templates, am I looking in the right place?

[stan5131]

Dont worry about the expenditure form for the moment. Firstly, you need to get the debt put on hold, stop them issuing the default and find out how much can be reclaimed in unlawful charges to reduce the debt. Will just look for CCA letter. just a mo

[stan5131]

Sticky: Creditors and DCAs - Letter Templates & Budget Planner (1 2)

It is letter N.

[Cornucopia]

Sticky: Creditors and DCAs - Letter Templates & Budget Planner (1 2)

It is letter N.

 

Lovely, thank you for that! I have printed it out and will send tomorrow. Can I send a cheque instead of postal order? How much time will this buy me to find out what the hell MBNA are up to??

 

Thank you again!

[stan5131]

You can send a cheque, but DCA's are a bit devious and I would not send a cheque which would let them gleam your bank details. It will buy you 28 days to start off with.

[stan5131]

By which time, you should have all your statements back and can send your prelim letter to MBNA, thus putting the debt into dispute until they settle.

[Cornucopia]

By which time, you should have all your statements back and can send your prelim letter to MBNA, thus putting the debt into dispute until they settle.

 

Fab! You're a star! Thank you! Will keep the thread updated with any news.

[stan5131]

Most important, dont worry. Hopefully, you can get a big chunk of this debt wiped off due to unlawful charges. Dont forget that you can claim back the contractual interest on the charges. If my memory serves me correct, I think it is 14.9 with MBNA. Then we can work on a manageable repayment plan that is affordable for you. Take no notice of the DCA demanding ridiculous amounts in repayment. If you had £2,000 spare, you wouldnt be in this mess. They are not supposed to intimidate debtors in this way, but unfortunately they think they are a law unto themselves. You have found your way here now, and you are slowly learning your rights. Let us know how much your charges are when you get them back, and if you have any more hassle from the DCA, we are all here to help you. Good luck.

[Cornucopia]

Most important, dont worry. Hopefully, you can get a big chunk of this debt wiped off due to unlawful charges. Dont forget that you can claim back the contractual interest on the charges. If my memory serves me correct, I think it is 14.9 with MBNA. Then we can work on a manageable repayment plan that is affordable for you. Take no notice of the DCA demanding ridiculous amounts in repayment. If you had £2,000 spare, you wouldnt be in this mess. They are not supposed to intimidate debtors in this way, but unfortunately they think they are a law unto themselves. You have found your way here now, and you are slowly learning your rights. Let us know how much your charges are when you get them back, and if you have any more hassle from the DCA, we are all here to help you. Good luck.

 

 

Hi Stansfield, thank you for your lovely post above. Unfortunately, I have today received a Termination Notice from Arrow Global demanding immediate repayment of an amount akin to a lot of people's salaries! When Arrow Global sent their first letter the week before last, they told us to contact Eversheds LLP who would be dealing with it. I immediately wrote to Eversheds (and faxed it), explaining that the account was being dealt with directly with MBNA and could they please hang on for five minutes whilst I found out what was happening at MBNA. I then issued the CCA letter via recorded delivery (as you advised) and they have completely ignored both letters. So, Arrow Global have gone ahead and terminated. I have written quite a strongly worded letter to them today and sent it recorded, containing all the facts, copies of all letters and correspondence with MBNA. If they do take us to court, I think that any Judge will see that we have made every effort known to man to sort this out and that MBNA have somehow screwed up. MBNA agreed to accept £120.00 a month over 10 years, how the hell can they assign the debt to somebody else? Surely there must be some regulatory body who can help me with this? I wrote to Stuart Johnson and Gavin Theobald on Tuesday and faxed it directly to MBNA's solicitor, I also e-mailed it to both of them and then posted it. That elicited an email response from Gavin Theobald that he would be in touch very shortly. However, I have emailed today asking him or Stuart to respond, given that we have received the termination, and thus far nothing. Stuart is well aware of our circumstances and I think they have just washed their hands of it and don't want to tell me that. As always, I am appreciative of any comments, thank you:)

[stan5131]

This is just terrible for you. Do not worry, they cannot break down your door and they cannot get what you havent got. More importantly, they are going to find themselves with egg on their faces. We need that SAR request back to work out how much the charges are. Stick to the £120 for now and make sure you save the emails in which they agreed to this. This will not good to a judge should it go to court. However, I dont think it will come to that. If you need to talk, just pm for my phone number. Keep your chin up x

[Cornucopia]

This is just terrible for you. Do not worry, they cannot break down your door and they cannot get what you havent got. More importantly, they are going to find themselves with egg on their faces. We need that S.A.R - (Subject Access Request) request back to work out how much the charges are. Stick to the £120 for now and make sure you save the emails in which they agreed to this. This will not good to a judge should it go to court. However, I dont think it will come to that. If you need to talk, just pm for my phone number. Keep your chin up x

 

Ahh bless you, you're a star! I actually don't feel scared anymore, I feel bloody angry and would be more than happy to stand up in court to this lot! What a shower! I am hoping to have some sort of correspondence from MBNA by tomorrow or at least Monday. I am going to write a formal complaint and will also contact the Financial Services Authority to see what they have to say. I will do the SAR this weekend. I am going to send the first cheque on Monday, but do I sent it to Arrow or to MBNA? I am rather tempted to send it to MBNA making it clear what it is actually for and in accordance with our "agreement". My husband hasn't used that card in about 4 years, not once, and it has grown by thousands because they are charging nearly 30% interest. In actual fact, the debt has grown by £2,000 since August because of interest and charges. That is surely criminal? It only got to the size it did because of some really difficult personal circumstances (ie : he divorced and was cleaned out - I am his second wife and have inherited this debt) and then he was made redundant. He decided to start his own construction business which has been quite successful but then he lost a massive contract in the summer at the very last minute due to an issue with the Local Authority (not his fault and completely unforseen) so it had a huge impact on our income. That was when we decided to seek help. We have a little girl, so I only work part time, although it is well-paid, but my salary covers things like the mortgage and other essential direct debts. I do take as much overtime as I can get aswell. Things have improved since and he is currently very busy (long may it continue!). He works extremely hard and deserves success, not all this stress! I am so grateful for the offer of a chat and may well take that up if it all gets too much! But for the moment, I am off to put my Gladiator outfit on and drink a LOT of wine!!!!:):)

[stan5131]

Good for you! Keep up the fighting spirit! Yes, the SAR goes to MBNA, you will find the template letter on this site. Include a paragraph saying that you would like to see a copy of the original agreement. I hope you have kept copies of the correspondence giving agreement to freeze the interest. This is very important if you have, because they will HAVE to adhere to their word! I am keeping my fingers crossed that the charges and interest you can claim back, will significantly reduce the debt. Remember, you are not a criminal! You deserve to be treated with respect!

[melanieh364]

I may have missed somthing because I haven't had time to read all the messages on your thread, this is a flying visit.This is Gavin Theobald's number just in case you don't already have it 01244 672628 9am-5pm. I have spoken to him several times about my claim but he is very firm and tough. Good luck!

[Cornucopia]

I may have missed somthing because I haven't had time to read all the messages on your thread, this is a flying visit.This is Gavin Theobald's number just in case you don't already have it 01244 672628 9am-5pm. I have spoken to him several times about my claim but he is very firm and tough. Good luck!

 

Thank you for that Melanie! Don't like the sound of him! Stuart Johnson is really very nice and easy to talk to, shame you didn't get to speak to him! That is very useful, thank you!

[stan5131]

Ladies, these people are just paying you lip service! Dont be fooled by their kind and sincere telephone manner. At the end of the day, they have done nothing to help you.

[Cornucopia]

Ladies, these people are just paying you lip service! Dont be fooled by their kind and sincere telephone manner. At the end of the day, they have done nothing to help you.

 

You are probably SO right!! They are certainly not helping me at the moment! Just a quick update of sorts, Arrow Global told us that all correspondence relating to the account should be sent to Eversheds LLP. They provided all the contact details. I wrote to Eversheds on the 21 December and again on Tuesday last week, but have not even had the courtesy of an acknowledgement, I know they have received the letters as they were sent "recorded". Arrow Global should have got my letter today containing all the information in response to their issue of the termination notice. I have just emailed my friends at MBNA and reminded them that they have not responded to my letter dated 2 January, despite Gavin emailing me and promising a response. I think they just can't find my A&E form and don't know what to do! My SAR request is drawn up and I shall post tomorrow. Onwards and upwards...............:-|

[Cornucopia]

Surprise, surprise, since my post above, not a word from MBNA, Arrow Global or Eversheds. Why are they all ignoring me? Am particularly peeved (not the word I wanted to use, but for the sake of decency......) with MBNA, especially after being promised a response by Gavin Theobald in his e-mail to me on 4th January.

 

I am planning on making a formal complaint to the Financial Services Authority, I am sure there must be some legislation in place that can protect me in such circumstances. Surely somebody is answerable? Should I report to the OFT aswell? Any comments, anybody?

 

Also, could anybody confirm that the highest person to complain to at MBNA is still Michael Rhodes?

 

Thank you!

[stan5131]

I would not even bother contacting MBNA again. Make sure you keep copies of all your correspondence to them, should ever you need them as proof that you have done all in your capacity to resolve this matter.

 

Just sit back and wait now.

[Cornucopia]

I would not even bother contacting MBNA again. Make sure you keep copies of all your correspondence to them, should ever you need them as proof that you have done all in your capacity to resolve this matter.

 

Just sit back and wait now.

 

Hi Stansfield! I hope you are well!

 

Thanks for that, I tend to agree with you, but I feel the need to complain at their shoddy behaviour. It is outrageous! Do you know if I can complain to the OFT also? Is that worth bothering with?

[stan5131]

I would complain to everyone including the Information Commissioner's Office. Make their life as difficult as possible for shunning you in such a disgraceful way. You can download the complain form on the ICO site.

[Cornucopia]

I would complain to everyone including the Information Commissioner's Office. Make their life as difficult as possible for shunning you in such a disgraceful way. You can download the complain form on the Information Commissioners Office site.

 

Oh wow! I didn't even think of them! Right, I'm on a mission now - thank you, as ever, for your sound advice!!!

[Cornucopia]

Right, an update, and advice desperately needed!!!

 

We today received a letter from Eversheds, the Solicitor acting for Arrow Global plc, the company that MBNA appear to have sold my husbands debt to. This gives us 5 days to pay the sum of £15,000.00. Ha bloody ha. They have ignored both my previous letters, including the CCA letter that I sent a week ago. They are saying if we don't pay it in that time, they will send bailiffs to our home or instigate court proceedings.

 

I sent a detailed pack of correspondence to Arrow Global and they have also completely ignored me and have not responded to that.

 

To top it all, I have also received a letter today from Stephen Bailey at MBNA saying "we acknowledge your complaint and will respond by 30th January". What good is that to me? They have ignored me so far and 30th January is far too late. So Stuart Johnson and Gavin Theobald have obviously washed their hands of it. I think MBNA don't want to admit that they have completely screwed up. What got me was their "committment to you" leaflet that they included! Hilarious!

 

So what now? Will call Eversheds obviously, have no choice in the matter, but what do we do? Will they accept the payment plan that was agreed with MBNA or can they bankrupt us? I am most scared of that to be honest.

 

Can anybody advise?