Mbna Nightmare!!!!

[Rhia]

Yes but you need to see the agreement. Many of us on here have application forms which are being fobbed off as executed agreements and these are no enforceable in a court of law and MBNA know this.

So you need to get this and look it over carefully.

[singletracker]

I know, I know, going off topic again, but given that all the experts seem to reside in this thread, a little help if you may!

 

http://www.consumeractiongroup.co.uk/forum/general-debt/70768-wrong-name.html

 

I am also in the same situation as Corn and Rhia in having filed N1 for SAR non-compliance. I have just had an acknowledgement of service, so a couple of weeks behing Corn. I'd appreciate any info on nature of their defence and will be watching the threads closely.

They have actually settled fully with regards to my bank charges, but I'm not letting the SAR drop, particularly as they defaulted me and sold the account, none of which I knew about.

[Guest Battleaxe]

Make sure you have sent a letter by recorded delivery to MBNA that the account is in dispute. they cannot sell it on while it is in dispute. You must send this letter though. Do not assume anything.

[Guest Battleaxe]

I know, I know, going off topic again, but given that all the experts seem to reside in this thread, a little help if you may!

 

http://www.consumeractiongroup.co.uk/forum/general-debt/70768-wrong-name.html

 

I am also in the same situation as Corn and Rhia in having filed N1 for SAR non-compliance. I have just had an acknowledgement of service, so a couple of weeks behing Corn. I'd appreciate any info on nature of their defence and will be watching the threads closely.

They have actually settled fully with regards to my bank charges, but I'm not letting the SAR drop, particularly as they defaulted me and sold the account, none of which I knew about.

 

They have no defence if they sent you nothing. i hope you have added court costs and your costs regarding letters et al. I was silly enough to accept an out of court settlement and now I just wish I had made them front in Court. Still I got my documentation. They sent it on the day I filed my N1. That was back in December. So much has happened since then

[Jeff2000]

They will have to send it to a DCA because they will not accept what i can afford to pay and at the moment that is not alot. I have been a customer of MBNA for years and this is the first time i have experienced financial difficulties. I have already put in a claim for the excessive charges. I cant see the point in sending a CCA as they WILL come come up with the agreement and that will get me nowhere! Unless there is another reason why i should CCA them?

 

 

Hi yaffsimone,

 

I would definately CCA them!

 

If your account is years old, then I would be very surprised if they could produce an "agreement" that complies with the CCA!

 

Take a look here for more of what MBNA might get up to!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81626-mbna-link-3-different.html

 

 

Best wishes, Jeff.

[lordi234]

Hi yaffsimone,

 

I would definately CCA them!

 

If your account is years old, then I would be very surprised if they could produce an "agreement" that complies with the CCA!

 

Take a look here for more of what MBNA might get up to!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81626-mbna-link-3-different.html

 

 

Best wishes, Jeff.

 

just read your thread ive had an account for 7 years and recently got into financial difficulties, ive sent DPA letter last week now ive been reading alot about this CCA letter ive not asked for 1 as ive sent the DPA .

[singletracker]

They have no defence if they sent you nothing. i hope you have added court costs and your costs regarding letters et al. I was silly enough to accept an out of court settlement and now I just wish I had made them front in Court. Still I got my documentation. They sent it on the day I filed my N1. That was back in December. So much has happened since then

 

I have had some paperwork from them, turned up after I filed my N1. Credit application enclosed, not agreements (I haven't CCA'd them). No info on default notice or sale of account to DCA as requested. I requested this info, so I'm going to keep pushing.

 

On the issue of agreements, what are people doing? Are you asking for all payments made to be returned if they cannot provide the agreement? (One account paid off years ago, the other sold to DCA who are in CCA default - letter sent telling them of this).

[lordi234]

Make sure you have sent a letter by recorded delivery to MBNA that the account is in dispute. they cannot sell it on while it is in dispute. You must send this letter though. Do not assume anything.

im worried im paying MBNA via cccs dm plan ,now what i want to know is can i put the account into dispute whilst paying monies into the account , cccs told me they cant stop paying MBNA im paying less than i own MBNA ..

[dpick]

im worried im paying MBNA via cccs dm plan ,now what i want to know is can i put the account into dispute whilst paying monies into the account , cccs told me they cant stop paying MBNA im paying less than i own MBNA ..

 

Hi I have been talking to my debt management company they say only stop paying if amount disputed is greater than amount owed or if they don't compile fully with CCA then send DMP copy of documents I have sent to MBNA and copy of any documents MBNA have sent me DMP will check documents and inform me re stopping payment. But they did say nothing in my agreement with debt management company to prevent me stopping payment. They also said I could still send payments to DMP and they will hold until dispute resolved, they would then forward this money to MBNA or myself depending on dispute result.

 

dpick:mad:

[lordi234]

cheers mate its getting difficult all this hassle , have i to send CCA to MBNA ..

[Perseus]

Just to err on the side of caution....

If you have a number of creditors with a DMP, and you effectively 'renegge' (?) on your agreement with them to provide funds for payment to one of the companies they are dealin kwith on your behalf - be careful that there are not clauses in the DMP's agreement with you.

You might find that they end all agreements with other creditors on your behalf, unless they are kept up to speed on what is happening with the one in dispute!

 

just being cautious on your behalf!

 

Perseus

[dpick]

Just to err on the side of caution....

If you have a number of creditors with a DMP, and you effectively 'renegge' (?) on your agreement with them to provide funds for payment to one of the companies they are dealin kwith on your behalf - be careful that there are not clauses in the DMP's agreement with you.

You might find that they end all agreements with other creditors on your behalf, unless they are kept up to speed on what is happening with the one in dispute!

 

just being cautious on your behalf!

 

Perseus

Total agree with you I have been discussing every thing with DMP before I do anything, they are actually watching with interest as thinking about making claims for their clients themselves.

 

Good to know we are being watched and comments like yours are a great help thanks, we don't want to get carried away and screw things up.

 

dpick:oops:

[joneshousehold]

Total agree with you I have been discussing every thing with DMP before I do anything, they are actually watching with interest as thinking about making claims for their clients themselves.

 

Now that would be an interesting development

[yaffsimone1]

Hi yaffsimone,

 

I would definately CCA them!

 

If your account is years old, then I would be very surprised if they could produce an "agreement" that complies with the CCA!

 

Take a look here for more of what MBNA might get up to!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/81626-mbna-link-3-different.html

 

 

Best wishes, Jeff.

 

I will CCA them, i will see what they come back with..... speak to you all soon!

 

Thank you for all the help.

[Perseus]

Total agree with you I have been discussing every thing with DMP before I do anything, they are actually watching with interest as thinking about making claims for their clients themselves.

 

Good to know we are being watched and comments like yours are a great help thanks, we don't want to get carried away and screw things up.

 

dpick:oops:

 

You're welcome, and thank you!

 

Now that would be an interesting development

 

Yes it would - they've certainly got enough clients in their databases to make it worthwhile!

Captive audience too...

Good money spinner, especially the agencies that are charging up to 40%of reclaimed funds as commission!

skimming gits!

 

P

[Cornucopia]

You're welcome, and thank you!

 

 

 

Yes it would - they've certainly got enough clients in their databases to make it worthwhile!

Captive audience too...

Good money spinner, especially the agencies that are charging up to 40%of reclaimed funds as commission!

skimming gits!

 

P

 

They most certainly have hun...........!!

 

Nice to see you lot are keeping the thread nice and busy!!!!

 

Oh the hilarity of what is going on in Chester Towers! Now you all know our current situation and you all know that MBNA have not complied with my SAR and have acknowledged my CC claim in this regard. They have until tomorrow to defend.

 

However, we are now getting the oddest pieces of correspondence. I mentioned a week or so ago the three letters regarding an imaginary loan being paid up that we haven't got (and three different account numbers). Today I have come home and found the following :

 

Dear Mr Corn

 

If you've got 10 minutes you could get an extra £17,900!!!!

This is a promotional letter offering a loan of up to £25,000 at 7.9% (this would be very competitive given the default!! LOL!).

 

It's (apparently) quick and easy and we're waiting for your CALL.

 

Now call me a cynical fool, but are they assuming I or Mr Corn are completely stupid and they are trying to get us on the phone, or they are vying for a signature on "something".

 

I just find this very very very very odd and suspicious. We have heard nothing from them in months in terms of statements or anything else, they have not complied with the SAR and suddenly we are getting all this strange stuff in the post!

 

I might be overreacting but it is surely more than a coincidence?

 

Thoughts anybody??!!!

 

Lots of Love as EVER xxxxxx:D

[Guest Battleaxe]

Umm, they are trying to lend you some money? They want to try out their new Agreements? They are being so kind in extending you this invitation to put your head in a new noose? How many ways can we try to seduce you? C'mon you know you need that holiday, let us give it to you without any payments for the first three months? Tricky little devils...oh, their marketing department doesn;t talk to their legal department and it is a mistake. We aren't offering you or Mr Corn anything you nasty people. you have made us cry.

[Cornucopia]

Umm, they are trying to lend you some money? They want to try out their new Agreements? They are being so kind in extending you this invitation to put your head in a new noose? How many ways can we try to seduce you? C'mon you know you need that holiday, let us give it to you without any payments for the first three months? Tricky little devils...oh, their marketing department doesn;t talk to their legal department and it is a mistake. We aren't offering you or Mr Corn anything you nasty people. you have made us cry.

 

LOL BA!! Wise words indeed..........as IF I would want to borrow money from these so and so's!!!

 

I have to say though, it is a bit odd, I can't remember the last time we got a promo from MBNA and I STILL think that all these funny letters are triggered by the SAR!

 

"We've complied, M'Lud, we've offered more money, spread other people's account numbers round and to top it all, offered them 7.9%, even with the default WE applied"......what more do you want!!!:D

[joneshousehold]

Now look, today is my first day of drinking after two days of rest. This is all too complicated for my brain. Isn't it just a simple case of the left hand not knowing what the right hand is doing?

[ladybird17]

I don't see what all the fuss is about - sounds like a terrific deal Corn - a bargain not to be missed - snap it up. I cannot possibly believe that there are underhand tactics at play..perish the thought:D

 

Joneshousehold.....Two days of no wine...you call that a rest........? I call it enforced long-term abstinence.

[thereshope!]

Corn !!!!!

 

Me too.:o

 

I havent had a thing from MBNA for about 3 years,then I get a promo offering a business credit card.

 

How very weird !

 

I havent heard anything either with regard to non-compliance and they need to reply by tomorrow too !

 

Let me know if you hear anything hun !

[Perseus]

Currently Active Users Viewing This Thread: 4 (4 members and 0 guests) Perseus, Cornucopia+, singletracker, thereshope!

Are you even more special than we thought Corn?

You have a plus sign next to your name now as well!!!!!!!!

 

xxxxxxxxxxxxxx

[ladybird17]

No, no Pers.....it means Cornypoker + bottle

[Cornucopia]

Now look, today is my first day of drinking after two days of rest. This is all too complicated for my brain. Isn't it just a simple case of the left hand not knowing what the right hand is doing?

 

Jones, now I am fed up that you made me jealous. I am NOT drinking tonight because I have to work tomorrow rather than being a lady of leisure and farting around at the gym! This is too much.:cry:

 

Therefore, you drink addled Jones you, I have to disagree with the left hand, right hand issue. It is just too coincidental. This is the 5th bit of weird MBNA post we have received in the last couple of weeks (if you include the three odd letters in one day). I still think this is SAR connected. We haven't had a promo from them in around 2 years I would say and whilst I agree with BA that legals wouldn't talk to promo's, I still think that the computer says "NO" would apply. They must have some sort of cross-referencing!

 

Very odd!

[joneshousehold]

Self imposed as well - how's that for strength of character!

I think MBNA are so disorganised they don't know what they are doing. We have been talking to Emma Sproston but even she seems to have disappeared. We have not paid since January and yet no telephone calls or anything other than the monthly statement.

At least they haven't rung like Capital One who today told me I was talking gibberish (and that was before the wine!) or Argos who said 'I will, I will I will' when I asked her not to talk over me! Amateurs!