Revenge needed against mbna

[hellhasnofury]

Hello,

 

Not new to the site, but I am picking through my creditors one by one.

 

After everybody who took the pound of flesh after experiencing financial difficulties

 

I personally think they are all a bunch of parasites, and should be given a touch of their own medicine.

 

I have read some threads on the mbna forum and have great empathy for all that had the misfortune to have any dealings with them.

 

I have acknowledged all my debts to my creditors and I am paying mounthly amounts to them throught a free DMA

 

I had a call to ring my DMAgency the other week urgently. When I rang them they informed me that MBNA has informed them that I was using a credit card and spending money. It was a lie. I rang MBNA to ask why they had mis-informed my DMA and was told that they knew I had been using a credit card and that I was in breach of their agreement and they wanted all of the money back. After questioning the so called credit card use. It came to light it was my daughter who is known as a different name who was using her own credit card. I did not get any acknowledgement of an apology or any other explanation as to how they knew this.

 

They are total **** and make my blood boil, but I do have to try and stay calm, just incase my head blows off my shoulders.

In the beginning I was harassed morning, noon and night. Now I get a phone call 3 times a week telling me that unless I give them more money they will default the debt and sell it to an other company. I have 5mins before this happens. I must confess that I have actually made two payments to them in this way.

 

After reading the posts I realise that this is their tactics, and these people make commisions if you make the payments. Would only attract a kind of nasty preditors would't it?

 

I received a phone call this morning from some Bimp with an attitude, threatening that if I did not make a extra payment the loan would be sold and I would be defaulted in the next 5mins. I don't know if I did the right thing. I told her frankly I didn't give a toss and to sell it, because I was not prepared to be haressed by them anymore.

 

I have sent a SAR about two weeks ago recorded delivery, they have not cashed the cheque and tomorrow I am going to send a CCA and when, not if I received this information I will hopefully get my revenge.

 

I hate MBNA with a passion, can I join the club please.

[MinnieMouser]

Hiya,

 

It might be an idea to hold off on the CCA just yet as there is a good chance that, if the debt is sold on, MBNA will destroy the records. Have a look at this thread and perhaps this one too...

 

MM

[hellhasnofury]

Hello,

 

Just about got my blood pressure down after last night.

 

Received another haressment call from MBNA last night at 8.30.

 

Slight change in tactics, softley softley approach. No security checks nothing.. He just said my name like he knew me and of course I answered speaking and that was the start of the conversation. He kept on saying what could he do to help me and kept on repeating himself, He then asked for for a payment of £27.50 to stop the account being defaulted and sold. I told him to do this as I was not prepared to give them anymore money. Oh then he turned nasty and told me that MBNA would put a charging order on my house, OH dear:eek: .

 

I imformed him that at this present time they could not actually do this. The account would have to be defaulted and then they would have to take me to court, and the fact that I had acknowledged the debt to them and had made regular monthly payments to them would actually be taken into account.

 

Then he got really nasty and ensured me that he would personally ensure that a charging order would be put on my house.

 

I am now in the process of complaining by letter to Mr W Waring regarding these haressment calls and have also written to my MP. I have e-mailed battleaxe (the saint) with my complaint.

 

Who else due I inform? anybody

[hellhasnofury]

Hello,

 

I have eventually sent my letter of complaint to Mr W. I have also contacted my MP who seems very interested in this.

They are now in default of my sar request. and in my letter as above have given them a week to get their act together:-x

[hellhasnofury]

Hello,

 

Things have now moved on. I did eventually receive my info from the sar.

 

Not had an reply from Mr Waring:mad: How rude:lol:

 

Have received a letter from Equidebt informing me that the are now the legal owners of the account. Should I not have received a legal deed of assignment????

 

Also got a letter from mbna re cca request. They are unable to supply it:lol: They are now in default and nearly due to commit the criminal offence.

 

I rang equidebt re the cca request and deed of assignment. They stated that under the 6yr rule they(mbna) did not have to have it. The account was opened in 1994.

 

Any suggestions how to handle this one

[dizzy delilah]

Oh my god ! I'm so stunned at the way you have been treated - there must be an external body you can formally complain to. I'm only a newbie myself, so I'm afraid I cannot offer you any 'proper' advice if you see what I mean , but there are plenty of experienced members out there who could support you through this. Can you not complain to the FSA or Financial Ombudsman or something - this is clearly bullying and harassment and needs to be dealt with externally. The only other advice I could give you is try and PM one of the more knowledgeable members who can certainly help you more than I can. I don't suppose you got the name of the person who is going to 'personally' ensure you get a charging order, did you? If you did, naming and shaming them wouldn't hurt!! Hang on in there!! Good luck, Dizzy

[Guest Mincemeat]

Hello,

 

Things have now moved on. I did eventually receive my info from the S.A.R - (Subject Access Request).

 

Not had an reply from Mr Waring:mad: How rude:lol:

 

Have received a letter from Equidebt informing me that the are now the legal owners of the account. Should I not have received a legal deed of assignment????

 

Also got a letter from mbna re cca request. They are unable to supply it:lol: They are now in default and nearly due to commit the criminal offence.

 

I rang equidebt re the cca request and deed of assignment. They stated that under the 6yr rule they(mbna) did not have to have it. The account was opened in 1994.

 

Any suggestions how to handle this one

 

Tell them that they are talking pap, and that if they haven't got an agreement then they cannot enforce it, end of story. Ask them to put this 6 year comment in writing as you would like it for your files. Tell them that you are going to go after them under section 85 of the CCA for all interest since 1997 and that generally you are disgusted at their complete lack of knowledge of this subject. State quite clearly that you will not conduct this matter over the telephone and that everything needs to be in writing. Tell the DCA that they do not own the debt as the account was in dispute, therefore MBNA cannot sell it.

 

I dislike these guys (MBNA) and I'm going after them for fraud

[dizzy delilah]

Well said, Mincemeat!

[hellhasnofury]

Tell them that they are talking pap, and that if they haven't got an agreement then they cannot enforce it, end of story. Ask them to put this 6 year comment in writing as you would like it for your files. Tell them that you are going to go after them under section 85 of the CCA for all interest since 1997 and that generally you are disgusted at their complete lack of knowledge of this subject. State quite clearly that you will not conduct this matter over the telephone and that everything needs to be in writing. Tell the DCA that they do not own the debt as the account was in dispute, therefore MBNA cannot sell it.

 

I dislike these guys (MBNA) and I'm going after them for fraud

 

Many thanks mincemeat.

 

I thought as much, a load of pap:lol: I love that description pap. are you from scotland by chance. It conjures up memories of my childhood.

 

I will pursue this further in writing of course. I did feel confident when I rang them after reading loads on this site.#

 

Again thanks for your post.:grin:

[hellhasnofury]

Oh my god ! I'm so stunned at the way you have been treated - there must be an external body you can formally complain to. I'm only a newbie myself, so I'm afraid I cannot offer you any 'proper' advice if you see what I mean , but there are plenty of experienced members out there who could support you through this. Can you not complain to the FSA or Financial Ombudsman or something - this is clearly bullying and harassment and needs to be dealt with externally. The only other advice I could give you is try and PM one of the more knowledgeable members who can certainly help you more than I can. I don't suppose you got the name of the person who is going to 'personally' ensure you get a charging order, did you? If you did, naming and shaming them wouldn't hurt!! Hang on in there!! Good luck, Dizzy

 

Hello Dizzy, thanks for your interest and good wishes. No unfortuneatly I did not get his name. My better nature supposes he is just trying to earn a crush, like us all. He may have a wife and child to support. So if he has I forgive him, if not I wish him no luck in his life.

Again thank you:grin:

[hellhasnofury]

Hello,

 

I am hoping to send this letter I would appreciate any comments please

 

Dear Sir/ Madam,

Your reference XXXXXXX

I write in response to your letter dated the 24th April 2007 and the telephone conversation as of yesterday with one of your employees.

On the 24th of April your company wrote to me giving formal notification that on the 23rd of April 2007, my MBNA Account was assigned to Equidebt Limited who are now the legal owners of this debt. I have not received a Deed of Assignment regarding this.

This MBNA account was put into dispute on the 11th April 2007 regarding unlawful penalty charges and therefore should not have be sold to you.

I have now received a letter from MBNA stating that they are unable to provide a credit agreement relating to this account and are in breach of the Consumer Credit Act 1974 S(77-78).

I rang your office yesterday to discuss the above information and your employee discussed the notion, that as the account started in 1994. There is no legal requirement to keep the credit agreement that length of time. Can you please give me written clarification of this statement for my files. Perhaps you would like to refer to section 78 of The Consumer Credit Act 1974.

I do not acknowledge any debt to yourselves

I await you rapid response

Yours faithfully

[hellhasnofury]

Hello All,

 

Had a letter from mbna today. To discuss and clarify certain points that I had raised in my letter.

 

On the 4th of May they wrote and stated that they were unable to enclose a copy of the origingal credit application. I wrote and asked for clarification of why they could not enclose it.

 

did they have it, but did not have a envelope big enough for it.

 

Securicor were unavailable.

 

The did not have it.

 

Todays letter states the priority application form which we sent to you was in fact a copy of your credit agreement, as is evidenced by its form and content,

 

Seems that they talk a load of s+++ and try to make me as confused as they are. Looks as if they don't even read there own letters, never mind mine

 

Feel another letter coming on soon., They defaulted on the 2nd May and the next date for the criminal offence is 2nd June. They are also in default of the SAR under the DPA.

 

I think I will now cancel all payment to them and then wait and see what happens.

[hellhasnofury]

Just Sent them this letter and a letter to the leaches equidebt

 

 

Dear Mrxxxxxxxxxxxx,

Account ssssssssssssssss

Thank you for your letter dated 21st May 2007, in which you have tried to address the issues I have highlighted with my letter of 16th May 2007. There appears to be some confusion regarding the correspondence I am being sent from you, regarding my request for a true copy of our credit agreement under the Consumer Credit Act (s77-78)

In you letter of the 4th of May 2007, you state that you are unable to enclose a copy of the credit application. I asked in my letter of 11th May 2007.for clarification of the reason why you were unable to enclose a copy.

In your letter of 21st May 2007, you have stated “ The priority application form which we sent to you was in fact a copy of your credit agreement, as is evidenced by it’s form and content.”

I have yet to be in receipt of any form of documentation relating to any agreement I have with MBNA.

I enclose a photocopy of your correspondence dated the 4th of May 2007 for your reference.

In my letter of the 11th April, 2007, I made a formal request for a copy of the signed, executed credit agreement for the above numbered Account xxxxxxxxx under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on 2nd of May 2007 and 2nd of June 2007 respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at 2nd of June 2007 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in consideration by myself of litigation being commenced against your company without further notice

I await your rapid response.

Yours sincerely,

 

 

 

 

 

 

 

CC Equidebt

Encls

 

I will now stop all payments to them and just see what they do now:D

[standingupformyself]

Tell them that you are going to go after them under section 85 of the CCA for all interest since 1997

Hello,

 

 

 

They stated that under the 6yr rule they(mbna) did not have to have it. The account was opened in 1994.

 

Any suggestions how to handle this one

 

 

I am reading this thread with great interest as I am hoping to write a prelim letter tomorrow regarding reclaiming all interest ever paid to MBNA, my account is now on around £106 since charges plus contracutural were settled last week.

They have admitted they have not got CCA.

DaveFirewalker has popped onto my thread to help me with a letter (great guy!)

I just wondered why though, on this thread you mention the account opened in 1994, yet claiming back from 1997.

Also, have you managed to get details/statements from MBNA pre-6 years?

 

Sorry to hijack your thread, xx

[hellhasnofury]

Hello standing up for myself,

It was the dma Equidebt that quoted the 6yr rule and yes they know nothing and count on the fact that I know nothing. but I do:D

 

I have now cancelled any payments to them and I am waiting for the sparks to fly or by some miracle they find it. The cut and paste one they will try to pass off as the ca:shock:

 

As for the 6:confused: yrs of statements I would be easier getting water out of a duck's bum. I have a list of penality charges anyway, I was a very good customer until 2006, when the poop hit the fan

 

I am awaiting their response, but it is a bit quiet I must admit, probably getting the court issue ready. I say bring it on,

[standingupformyself]

You say you were a good customer until 2006, surely that makes no difference with claiming all interest back from them though? Or have I misunderstood?

I was wondering how I could go about finding out exactly how much interest I had paid to them for the duration of the account?

[hellhasnofury]

Hiya Sufms

 

Sorry been a bit distracted lately, yeah I understand what you mean now, I have that many creditor I am having a laugh with not. I have to deal with them one by one. HFC is my main priority at the moment because they are taking me to court with an application form:eek: no hope there then.

 

I am sure that I have read a thread regarding claiming back all of the interest on the general forum.

 

I will have a look for you later

 

Bear with me please:D

[standingupformyself]

brilliant, if you find the link I would be so grateful xxx thank you

[hellhasnofury]

brilliant, if you find the link I would be so grateful xxx thank you

 

Hello sufm,

 

Sorry been a bit distracted and not looked at this thread for a while. I think davefirewalker is in the process of reclaiming back all of the interest that he has paid. so maybe have a look at his thread:grin: It is really interesting and informative, so well worth the read.

 

I have just gone to the hornets nest with a big stick and I am now waiting for the sting from mbna. I have sent a letter reclaiming back penalty charges plus their contractual interest of 29.9%. It only comes to just over £500, but it will rattle their nest at bit I think. Went I get that, I will then claim back all of the interest they took from me. Softly Softly:lol:

[hellhasnofury]

Hello,

 

Just updating the thread, MBNA have now responded to my prelim and have offered me £90, Have accepted it as part settlement, but will still pursue the rest.

 

Now I have sent Equidebt a SAR and a CA request. I have also enquired as to see the Deed of Assignment regarding the alleged debt. They have replied by saying under the legal right of section 136 of the Property law 1925 I am not having it. They have contacted MBNA for the ca. So there will be no hope there then.

 

I have no recollection of receiving a Notice of Assignment from mbna or equidebt. All I received was a letter from Equi stating.

 

Dear you

 

Your mbna account no

 

Outstanding balance XXXXXXXXXX

 

We write to give you formal notification that on 23rd April your mbna acount was assigned to Equidet ltd who are now the legal owners of this debt

 

What you need to do next

 

Stop all ppayment to MBNA and pay us

 

etc etc etc

 

I would have thought that a Notice of Assignment would have to be under a legal certain format, like a default notice.

 

Now reading around the threads, I do understand that they do not have to let me have the Deed of assignment unless ordered by a judge. but surely if they want me to give them money, they must prove that I legally have to.

 

Any suggestions

[hellhasnofury]

Hello,

 

Just a quick update, MBNA has settled with the bank charges they have now refunded all of the charges back to me. They do not want to give me the contractual interest back though I do feel that I will now have to accept this offer. I think if I take them to court for the contractual interest the judge would think me rather greedy and throw the case out.

 

Now new regarding the ca from ED, they are well into default and the clock is ticking to the criminal offence part.

 

So I have to be patient and see what they come up with.

[hellhasnofury]

Hello,

 

Wrote back to Mbna and they sent me another cheque, but not quite what I asked for, So wrote back again and I am waiting. Sent a letter of complaint again to the big cheese Mr W, so will wait to see if he responds which I doubt.

 

No news from ED tick tock tick tock.

[hellhasnofury]

Hello,

 

Got a response from them offering me £97 as a gwg, wrote back wanted more, reply another gwg of £132, wrote back want the rest and contractual interest as well. Reply ok you can have it, but we do not agree with your complaint.

 

They have now finally responded to my ca request?????? latest statement of account and a brand new template credit agreement which is relevant to new agreements (£12 fees). No relevant to me whatsoever.

 

I will reply to them asking them regarding the new agreement, putting them to strict proof that this is the document that they would rely on in court to enforce any alleged debt.

 

The debt is not theirs now they sold it to equidebt, who I sent a ca request to and they are now in criminal default, so I am just waiting for them to come up with the same agreement or anything at all. MbNa sold this debt I believe, whilst the account was in dispute, but they insist that the debt was sold on the 10th April, ED tell me the got the account on the 23rd April and in the statement they got money for it on the 26th April.

 

They also state that they only have a letter from me on the 16th May 2007 regarding my complaint in my records. But I have proof of delivery of my ca request letter in April and they cashed the £1 fee on the 20th April.

 

Now regarding the monthly statement they sent me. It shows the balance on 10/04/2007 as Zero CURBL On Sold ACCT. I presume the account was sold then to equidebt looks to be on the 26th April. 16th April payment by me £48.05 via payplan. I did write and ask them where this payment had gone and they denied they had it. and there it is sitting in credit. Oh and my £1 for the ca request is there too. Might insist on that lot back then.

 

They make me so mad, because they think they can lie, cover things up, still try to trick us, but they can't.

[hellhasnofury]

Hello,

 

All the cheques now sitting in the bank account, £220 in penalty charges and £245 contractual interest, so well worth the letters.

 

Now regarding the ca and my payment they denied having, so they are going to investigate this matter. So round and round we go.

 

Nothing from Equidebt, so have to wait on that one.

[hellhasnofury]

Hello,

 

They have now responded with their final responce, go away, we have sent you, your credit agreement and as far are they are concerned the account is not in dispute.

 

Another letter gone off today, you may think that this is your last response, but it is not mine. I always liked the last word:D

 

Nothing from equidebt yet:confused: I thought they would have been swarming about after the revelation by mbna