Mbna Nightmare!!!!

[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.

[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.

[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.

[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.

[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

[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!

[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.

[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.

[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.

[stan5131]

Eversheds

Somewhere

England

 

 

 

BE WARNED

 

Dear Sirs,

 

Your Ref::::

 

Further to letter dated xxx, please be advised that the above debt is now in dispute. I am awaiting the return of my Subject Access Requested from MBNA under the Data Protection Act 1988 as I believe the above debt to contain fair proportion of unlawful penalty charges. I have also issued a CCA request to xxxx under the Credit Consumer Act 1974.

 

Please be adivsed that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, I am presently continuing reduced payments as per agreed by MBNA themselves (see attached correspondence). In this light, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

I trust this now clarifies my position.

 

Yours faithfully,

[stan5131]

hang on. just reading your posts

[stan5131]

Ok. Send CCA request to Arrow. When your SAR request comes back from MBNA it should include details of the debt being passed on. Once the SAR comes back, then write back to them saying that they did not include a copy of the original agreement and that you would like a copy. What should happen, is that Arrow cant supply it, then thats because they cant get one from MBNA because they dont have it.

[stan5131]

Summing up.... If the original agreement exists, then Arrow will do their utmost to produce it.

[stan5131]

Yes. But by that time, you will probably know whether or not one is available as Arrow will have sent this to you. If they dont, then you can point this out to MBNA and ask them where it is. You could ask MBNA for it, but you are just asking for it twice. Upto you.

[stan5131]

A CCA request requires them to include a copy of the agreement AND deed of assignment. How much they bought the debt for will be difficult to get out of them. They can be made to disclose this at court. You will probably have a better chance of getting this information from MBNA. Wait til SAR comes back, we can see what is missing and then request it.

 

You are not driving me up the wall lol. Its a pleasure to help!

[stan5131]

Its just a waiting game now. Try not to worry. You have done everything to resolve this and any court will see their incompetence.

 

The debt is now in dispute and court action will only leave them with egg on their faces. I doubt very much that they will issue any action at this stage.

[stan5131]

Give them enough rope and they will hang themselves. Eversheds letter is bullying and intimidatory. I would make a complaint to Trading Standards and the Law Society. Copy the letter to both, together with copies of your letters disputing the debt. Are you making payments directo to MBNA as agreed? Any action they take can be counterclaimed! This is just unbelievable. Right arm doesnt know what left arm is doing! Most importantly, if you continue making payments, this will make them look even more aggressive.

[stan5131]

Have just pm'd you. Speak to you tomorrow.

[stan5131]

Hit them with everything you can after the way you have been treated. But dont forget, you have the best card up your sleeve yet.

[stan5131]

Dont weep. There are smiles in the not too distant future

[stan5131]

No not yet, but hopefully sorted soon.

 

Im glad you've been getting your complaints off. The more fuss we kick up the more chance they will think twice in the future and some poor soul will be spared the same despair.

 

Credit cards are a very expensive luxury unless you are able to pay the balance in full every month. Not many of us can afford to do that despite our best intentions.

 

A little tip for the future which not many people know: When you transfer a balance onto a 0% card, all your payments go to pay off the lowest interest balance. Therefore, your purchases sit there, sometimes for years accruing interest upon interest until the transferred balance is totally paid off in full. You will have paid far more than you had saved.

 

The trick is to use another card for purchases and never spend on the card you have transferred the balance onto.

[stan5131]

You are doing fine. Of course you are happy to pay Arrow the agreed sum, providing they honour your CCA request.

 

The worst that can happen now, is that all court action will have been cancelled, you will have more affordable monthly payments, and the debt will be significantly reduced when the charges are reclaimed.

 

What a lovely day it is today!

 

Corn..... you have won already! Results are coming in fast and furious. Before you found this site, you were in despair! You have come a long way since then and things are looking up.

 

 

As per our conversation, there is one last card which just might be an Ace. xxx

[stan5131]

Lol! Most people think Im male.

 

Anyway Corn. let me know when letter is done and you can fax or email it to me. Sorry for delay in replying but Im not always sat at my computer.