MBNA - Rude, Confrontaional and Distressing

[yaffsimone1]

Hi Everyone,

 

I have been reading these forums for quite sometime and have obtained some valuable information. Its nice to know im not alone!

 

In the last six months i have been suffering financially and my creditors have themselves been 'suffering' because of my situation. (this is a quote from one of my lenders). I currently owe money to RBS, Natwest, Egg and MBNA. RBS and Natwest have so far been fantastic with payment arrangement in place, Egg and MBNA however have been far from co-operative. Today i am complaining about MBNA.

 

As soon i became aware that i was a having a financial problem i contacted all my lenders explained the situation and started the ball rolling on arranging payment plans, like i said RBS and Natwest have been fine.

 

MBNA didnt not want to arrange any form of payment plan, they wanted to re-structure my account this would result in a monthly payment being about £250 per month. I owe £3500, have arrears of £187, without the arrears the minimum payment was about £65 (which i couldnt pay) so how on earth did they come up with £250 as being affordable! I was sending letters like there was no tommorrow, replying to their text messages and at one stage i was even getting postcards in the post 'saying we are going to call' that was it, not even 'we are going to call on....' I quickly realised these people were not going to be east to deal with. They ignored all my letters. They wouldnt phone me, just leave stupid text messages asking me to call, when i did call the person i needed to speak to was not available so could i call back. I explained that this was costing me alot of money in phonecalls, money i do not have and that could better spent in paying back the money i owe. This was literally laughed off! When i finally get through to the right person i was promptly told my offer was not enough and under American Law this could not be accepted. This is when i actually laughed... American Law.... i live in the UK and i am a British Citizen and thought i had originally signed the credit card agreement under British Law! Apparantly our British Laws with regards to credit are worthless (thier quote) as MBNA is an American bank. They refuse my offer and will send it to Debt Collectors.

 

At this stage im starting to panic, i am being led to belive there is no-one out there to help me. After constantly asking what they will accept as an offer i finally get it out of them, ready..... £30.00 per month, what!!!!! they have put me through hell, threatening court (under American Law) Debt Collectors, the lot. Why didnt they just tell me that in the first place. I tried to get them down to £25.00 (my orignal offer) on the basis of it being only £5 and MBNA could afford it, they told me to take £5 from one of my other creditors. Ok so i agree £30.00 they are happy aslong as i pay by direct debit, im not entirley happy with DDR (bad experiences!) but i gave them my bank details anyway... you will not belive what happened next.... the 'specialist' then went on to say 'right today we need to take £30.00 for the 3 months that you are in arrears so i will be taking £90.00 out of your account today then £30.00 at the begining of the month when the arrangment offically starts, ok'. I told her i do not have £90.00 in the account, i wasnt lying i didnt. I asked why cant we start the arrangement from scratch at the begining of the month, the begining of the month was like two weeks away, hardly a lifetime! She said ok, but we will take £90 plus the £30, by this time i am in tears i just cant afford to have £120 taken in one go. This what she said....'Well Miss ***** there is nothing you can do you have just given me your bank details so i will be taking £120 regardless, i couldnt careless about your situation'

 

I have authorised a DDR for the agreed £30, but not this amount of £120, what can i do? I want to keep the arrangement but that payment will cripple me.

 

Sorry that was all a bit long winded.

[sequenci]

The American Law thing they ALWAYS use is utter rubbish. They use it all the time and please do not take any notice of it. It is best to deal with these people in writing. Send them a budget sheet and offer a reasonable level of payment based upon a pro-rata arrangement with your other creditors.

 

MBNA are very aggressive to everyone, please do not take it to heart.

 

have a look at this factsheet too:

 

National Debtline England & Wales | Debt Advice | Factsheet 03 Harassment

[storm]

You will have to cancel the direct debit and send them a cheque/postal order for £30 at the end of the month to start with

 

Put an enclosing letter saying why you are doing this and don't worry too much

 

Also say you are perfectly happy to set up a standing order for £30 (this cannot be changed) but cannot set up a direct debit with them as after your telephone conversation with them you do not feel you can trust them to take the correct amount

[yaffsimone1]

I have given them everything, incomings, outgoings i find out they even did a credit check so they know everything about me. That is what was so frustrating they could see what i could afford yet they still wanted more.

[sequenci]

I have given them everything, incomings, outgoings i find out they even did a credit check so they know everything about me. That is what was so frustrating they could see what i could afford yet they still wanted more.

 

that is a breach of the OFT guidelines on debt collection.

 

worth a complaints letter.

[MinnieMouser]

I really know what you are going through with this MBNA lot. I have two accounts with them so I'm sure you can imagine what that's been like.

 

But you're here now so stand up to them and play at a superior game level. Dispute the debt, do a CCA request, do a SAR (because if like me they will have added loads of charges on top - both my accounts doubled with penalty fees etc) and see where you are. It might also help to request that they only contact you in writing (harrassment letter I think) and keep a log of every time they phone you.

 

MM

[bathgatebuyer]

I know exactly how you feel! I had similar troubles MBNA last year. Their persistent calling made life very incomfortable for me, and I eventually just switched my phone off because of the 10 or more calls each and every day. When I did answer, the person I spoke to was always from an international call centre who spoke basic english (and was always answered in my broadest Scots which was great entertainment!). They even phoned me about 15 mins after my Dad took his last breath - the only reason I'd put my phone on was to wait for someone from the GPs calling to tell me when the doctor could come out deal with the death certificate and things. I felt nothing other than absolutely persectued and harassed by these people and this organisation.

 

In the end, I reclaimed all my charges from them and it was enough to pay them off and get rid of them for good - they were chasing me for their unlawful charges. The harassment and persecution is one which terrifies me to this day - indeed, I've still not got the confidence to switch my home phone on.

 

Have you looked into any charges that may exist on the account? In my case, it was enough to get rid of them in one go and have a wee cheque for the remainder which was enough for a few treats fron LUSH.

 

If it's any consolation at all, despite the difficulty I received from their Collections Dept, one letter and one call was all it took to get approx £2000 back in charges that had been applied to my credit card. They have been the easiest of the lot for me and it may be a possible answer for you? It was for me, so maybe worth checking?

[payingonlyencouragesthem]

I really know what you are going through with this MBNA lot. I have two accounts with them so I'm sure you can imagine what that's been like.

 

But you're here now so stand up to them and play at a superior game level. Dispute the debt, do a CCA request, do a SAR (because if like me they will have added loads of charges on top - both my accounts doubled with penalty fees etc) and see where you are. It might also help to request that they only contact you in writing (harrassment letter I think) and keep a log of every time they phone you.

 

MM

 

MM I had these people on my case for £17k. I simply ignored them and they sold the debt to Cabot and wiped all records off their system. I CCA'd Cabot 6 months ago and of course they defaulted. My advice is let this run it's course and DON'T CCA or SAR MBNA they will have all the records and won't default. Wait til it goes to Cabot or whoever (who won't have anything) and when they default YOU have the upper hand. I would totally cease contact with MBNA right now.

[MinnieMouser]

MM I had these people on my case for £17k. I simply ignored them and they sold the debt to Cabot and wiped all records off their system. I CCA'd Cabot 6 months ago and of course they defaulted. My advice is let this run it's course and DON'T CCA or SAR MBNA they will have all the records and won't default. Wait til it goes to Cabot or whoever (who won't have anything) and when they default YOU have the upper hand. I would totally cease contact with MBNA right now.

 

Well that's one approach worth trying - might as well give it a go then

 

MM

[dpick]

Hi any contact you make with these money grabbers and their debt collection friends (don't know if same company or not second thoughts don't care) will only encourage them to keep calling. The debt collection pests are on commission from money paid to them, so in my case I just used internet banking to pay direct to mbna. This also stopped them from getting new bank account details.

 

Read up on simple steps here and then go get them.

 

yours dpick:p

[diskmandave]

I have authorised a DDR for the agreed £30, but not this amount of £120, what can i do? I want to keep the arrangement but that payment will cripple me.

 

Make sure you go to your bank/bs and tell them about this!

 

I think you'ld be better putting a permenant block on MBNA's DD or they will just come and take it and to hell with you, don't think will they/won't they coz they will!

 

When I was having prob's with MBNA they actually 'phoned my work and asked to speak with my manager and then told him to call me to the office to speak with them!

 

If they do steal £120 from your account don't forget the Direct Debit Guarentee Scheme, but it's best not relying on that as you may incur charges. Block it!

 

The prior advise is spot on, wait 'til they sell it on. I got Wescot down to £10/mo for a £4k debt, they're also one of the next on my hit list!

 

Good luck, regards, Dave.

[sequenci]

 

When I was having prob's with MBNA they actually 'phoned my work and asked to speak with my manager and then told him to call me to the office to speak with them!

 

 

my word, that is shocking.... a clear breach of the administration of justice act. did you do anything about this?

[diskmandave]

No, didn't know any better back then, they didn't get any money out of me though. As soon as the letters C C C S were mentioned they sold it to Wescot, and despite what a lot of people say about them they've just left me to it, no account reviews from day 1 on a £4k debt.

 

Regards, Dave. (Not wishing to hijack this thread btw!)

[ODC]

Hi any contact you make with these money grabbers and their debt collection friends (don't know if same company or not second thoughts don't care) will only encourage them to keep calling. The debt collection pests are on commission from money paid to them, so in my case I just used internet banking to pay direct to mbna. This also stopped them from getting new bank account details.

 

Read up on simple steps here and then go get them.

 

yours dpick:p

That is one of the main reasons why they presurise you into dealing with them THERE and THEN on the phone. They get paid commision on every penny they squeeze out of you. You offer to ring back next week when you have thought about it and if you are foolish enough to pay then some other 'highly trained and intelligent' call centre operative gets the commision

[hellhasnofury]

That is one of the main reasons why they presurise you into dealing with them THERE and THEN on the phone. They get paid commision on every penny they squeeze out of you. You offer to ring back next week when you have thought about it and if you are foolish enough to pay then some other 'highly trained and intelligent' call centre operative gets the commision

 

 

Hello,#

 

Just read this thread with great interest and will be prepared for the next time they ring me and try to get money out of me.

 

They keep dangling the carrot and making me a once in a lifetime offer of a third of the original loan only, if by some miracle I fall over £3,000 on the street. I just need to give them a bit more or they are going to sell the debt. I might just let them now.

[lordi234]

MM I had these people on my case for £17k. I simply ignored them and they sold the debt to Cabot and wiped all records off their system. I CCA'd Cabot 6 months ago and of course they defaulted. My advice is let this run it's course and DON'T CCA or SAR MBNA they will have all the records and won't default. Wait til it goes to Cabot or whoever (who won't have anything) and when they default YOU have the upper hand. I would totally cease contact with MBNA right now.

 

hello sorry to hijack this , im paying MBNA through debt managment plan with cccs , after what ive been reading what do you think i should do cheers.. also the money i pay is below the charges and intrest ect how do i get a SAR letter thanks ..

[lordi234]

Hello,#

 

Just read this thread with great interest and will be prepared for the next time they ring me and try to get money out of me.

 

They keep dangling the carrot and making me a once in a lifetime offer of a third of the original loan only, if by some miracle I fall over £3,000 on the street. I just need to give them a bit more or they are going to sell the debt. I might just let them now.

 

 

 

 

 

 

It feels like my creditors are harassing me, what are my rights?

It is often difficult to know what to do when you feel a creditor is not dealing with your account fairly. If you do not pay, your creditors are allowed to keep reminding you from time to time but they must not act illegally. Many activities could be classed as harassment but this is often difficult to prove. It is important to note that 'anything done by a person which is reasonable' when trying to recover a debt, is not considered to be harassment.

Guidelines have been put together by The Office Of Fair Trading giving guidance on what activities may be considered as harassment and should therefore be avoided by creditors.

Creditors are warned by the Office Of Fair Trading that they should not: -

• Bring unreasonable pressure to bear on you in default of payment

• Falsely claim that criminal proceedings can be brought for non-payment

• Falsely imply that they may legally seize property or take other action without going to Court

• Impersonate a Court or any other official person, by letter or by telephone

• Make nuisance visits and phone calls, or use abusive or threatening language in person, by letter or by telephone

• Leave messages for you to contact someone urgently with no explanation

• Contact you at work, or the customer's employer with intent to create embarrassment and create fear of dismissal

• Wait outside work on payday

• Park outside your door in a vehicle marked 'debt collectors'

• Call on the neighbours, pretending to believe the neighbour is you

• Send insufficiently addressed postcards

You cannot be prosecuted in the Criminal Court because you have not paid a consumer debt, but some creditors may try to make you think you can, this is also illegal.

If you feel you are being harassed, you may take the following action:

The first step is to write to the creditor and outline your concerns regarding the company's behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor take steps to avoid similar occurrences in the future. Make suggestions as to how youwould prefer to be contacted by the creditor and ask that they confirm their agreement to this in writing.

However if you do feel the need to make an official complaint regarding a creditor, this should firstly be made to your local Trading Standards Officer. If Trading Standards will not act it may be worth contacting the Office of Fair Trading.

[MinnieMouser]

hello sorry to hijack this , im paying MBNA through debt managment plan with cccs , after what ive been reading what do you think i should do cheers.. also the money i pay is below the charges and intrest ect how do i get a SAR letter thanks ..

 

I've been paying them through a debt management plan too and, from what I've been told, the best thing to do might be to stop paying and start ignoring them in the hope that they sell the debt on.

[lordi234]

I've been paying them through a debt management plan too and, from what I've been told, the best thing to do might be to stop paying and start ignoring them in the hope that they sell the debt on.

 

 

so just explain that to debt managment ,i sent CCCS - a letter saying if they dont get Nat west to freeze my account i wont pay becouse its just going on intrest and the balance isnt going down,just put your foot down like i do, looks like MBNA are next if they dont freeze the charges ect.

[Cornucopia]

so just explain that to debt managment ,i sent CCCS - a letter saying if they dont get Nat west to freeze my account i wont pay becouse its just going on intrest and the balance isnt going down,just put your foot down like i do, looks like MBNA are next if they dont freeze the charges ect.

 

Hello all,

 

I came across this thread by accident and I IMPLORE all of you who have been mistreated by MBNA to get over to this thread :

 

http://www.consumeractiongroup.co.uk/forum/mbna/74790-vital-fsa-mass-complaint.html

 

We are currently compiling a mass complaint against MBNA with the Financial Services Authority. I thought what I had read over at our MBNA forum was bad enough but some of this is verging on the criminal. It will take a few minutes of your time. You will need to PM Battleaxe for her email address and then provide her with your name, account number, email address and complaint. This information is treated with the utmost confidentiality. She is getting quite a bundle now. We aim to close the thread on 31st March and post shortly after.

 

Please do this, it will benefit all of you in the long run.

 

Could I also say, it is very worthwhile starting a thread over in the MBNA forum as dpick (above) will testify. We are all in a similar boat and it is a very supportive and friendly forum and we are all experienced MBNA's who can help you get sorted out.

 

I am sorry for hijacking but I thought it was well worth it!

 

Regards,

 

Corn x:)

[jamesb0nd]

i and my partner have been using a debt management company to deal with our debts and they have arranged an informal arrangement. I paid them £2400 to help me, what a waste of money.

 

Debt Management companies lie, by stating that creditors wont hassle you once a regular payment method is in place - WRONG

 

a) I now have 2 CCJs

b) I now have a court date set to allow a creditor to have a charge put on my property

c) I am continually threated with personal visits

d) My debt management company promised I could repay my debt at 40% - none of my 7 creditors entertained this and at best gave me a 10% reduction, one is now taking me to court.

 

 

My advice, choose a free debt management company or go bankrupt.

[dpick]

i and my partner have been using a debt management company to deal with our debts and they have arranged an informal arrangement. I paid them £2400 to help me, what a waste of money.

 

Debt Management companies lie, by stating that creditors wont hassle you once a regular payment method is in place - WRONG

 

a) I now have 2 CCJs

b) I now have a court date set to allow a creditor to have a charge put on my property

c) I am continually threated with personal visits

d) My debt management company promised I could repay my debt at 40% - none of my 7 creditors entertained this and at best gave me a 10% reduction, one is now taking me to court.

 

 

My advice, choose a free debt management company or go bankrupt.

 

Totally agree I am with a debt management company no up front fee they have got all creditors to freeze interest and charges, all but MBNA whent into program within 2 weeks MBNA kept on for about 5 weeks. now am paying every 4 weeks(when I get DLA and not by dd by internet banking) a single lump sum to DMP that I can afford and have had no charges on current account for 9 month. My DMP did not try to have debt reduced just frozen and all accepted this but it will be 5 years to be debt free.

 

As the last couple of posts DMP can work but you have to have the right one.

 

Hi corn will be on to you next week couple of deadlines expire and it's my turn to turn the screw

 

dpick:evil:

[yaffsimone1]

I am going to take alot of the advice given on this thread. I am having a slight problem though. I phoned my bank to cancel the DDR, they said they cant cancel untill the first payment has been taken! this is the £120 im trying to avoid that i didnt agree to. What can i say to them to get it blocked? surely they can block it before the first payment is made.

[dpick]

I am going to take alot of the advice given on this thread. I am having a slight problem though. I phoned my bank to cancel the DDR, they said they cant cancel untill the first payment has been taken! this is the £120 im trying to avoid that i didnt agree to. What can i say to them to get it blocked? surely they can block it before the first payment is made.

 

hi there if you have internet banking then you should be able to cancel DD with my internet bakning have to cancel at least 2 days before DD due to be paid.

 

good luck dpick:p

[ODC]

I am going to take alot of the advice given on this thread. I am having a slight problem though. I phoned my bank to cancel the DDR, they said they cant cancel untill the first payment has been taken! this is the £120 im trying to avoid that i didnt agree to. What can i say to them to get it blocked? surely they can block it before the first payment is made.

Tell the bank you were coerced into signing it and you withdraw your consent to them paying it. Put that in writing and hand deliver it to your bank. If they refuse. Then remove all your money from them