Just starting out on the long MBNA road :(

[choppers]

Hello, i have had an MBNA CC since about 1994 and originally i had a limit of £800

 

for about 5 years i paid in full every month, slowly over the years (although i never asked) my Allowed credit has risen to £8400

 

i then got into financial dificulty and borrowed of the CC to make monthly payments this has created a cycle of the debt rising, where i am no longer sure where i am as i do not look at the bills. i used to pay their protection fee but stopped that about 2 years ago as it was upto around £60 month, the last time i looked the interest was about £250 a month:o

 

since then i have had a couple of good months paying in £1000+ but this last month i had a bad one, and a few trasactions were refused.

 

then the next day GVI phoned me up and told me i was £700 over my limit, and i need to pay (also stating i had an excellent history with MBNA)

 

i told them i couldn't at the moment as my circumstances have changed, but would be able to in 3 weeks, they said Ok, in the subsequent day or two i made £100 payment, then the next day i had a text on my mobile saying Mr (My Name) please ring GVI on (their Number)

 

so i need to know if i have any recourse, i have read about CCA's and reclaiming chrges but it is all a bit of a blur?

 

any help appreciated greatly *

 

 

*= reflection of my present state of mind not my feeling towards help offered

[Todge]

Choppers

 

There are a number of things you can do.

 

Firstly, you need to set up an arrangement with them to pay something each month.

 

Either do this directly with them (take a look at the template letters here):

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

Or go to the CCCS and ask them to mediate with the creditor for you:

CCCS -

 

You are looking to get a reduced monthly payment, and the freezing of interest until you are financially stronger.

 

(Try and avoid phone contact with them - politely ask them to write to you, and that you will deal positively with their letters.)

 

Do you have all of your statements? Have they applied 'late fees', 'payment return fees' etc? You can get these back - every little helps.

 

The Payment Protection Insurance may also be an area of recovery for you.

 

If you are going to take any counter-action against them, (charges or PPI recovery), I would look at the CCCS a little closer.

 

Take your time to read up on your options on this site:

1. Dealing with DCA's (Debt Collection Agencies)

2. DMP's (Debt Managment Plans) (CCCS)

3. Charges recovery

4. PPI recovery.

 

Remember, things can only get better - but you have to drive it.

 

This site will help you work out what you options are - and how to achieve them.

 

Welcome, and good luck.

 

T.

[choppers]

hi thanks for the info Todge, i will write up a letter from one of the templates immediately.

 

the only charges i can see are for overlimit fees (£25)

 

i have every correspondence i have ever received from them.

 

is asking for late fees, charges and/or protection fees reimbursed likely to antagonise them?

 

also is it standard practice to Raise a person's limit without asking? even though the credit outstrips the means?

 

i was looking back at my bills and until 18 months ago my balance was never above £500 and yet the limit was consistently raised to in excess of £8500

 

again i appreciate your help

[lazybones]

hi thanks for the info Todge, i will write up a letter from one of the templates immediately.

 

the only charges i can see are for overlimit fees (£25)

 

i have every correspondence i have ever received from them.

 

is asking for late fees, charges and/or protection fees reimbursed likely to antagonise them? I would have to say in all honesty say yes

 

also is it standard practice to Raise a person's limit without asking? even though the credit outstrips the means? Yes the higher the limit, the more you spend, the more ppi and interest they can charge you.

 

i was looking back at my bills and until 18 months ago my balance was never above £500 and yet the limit was consistently raised to in excess of £8500 This is a bit of a puzzle as they don't usually raise your limit, if you pay off the balance in full, unless you ask them to.

 

again i appreciate your help

 

Hi chopper

 

The comments in blue are only my own view and expirence with MBNA

 

As to whether you want to claim back your charges, it's entirely up to you. Before you decide have a read of some of the threads in this forum. Some are quite long, and involved.

 

So take your time, read as much as you can take in. If in doubt ask for help. There are some very knowledgable and well read people ready and willing to give you the help you require

 

Good luck in your quest

[choppers]

the Fact that it was GVI that contacted me does this make any difference when i make payments or in correspondence, as i am still making payments by debit card?

 

as for increasing the limit, i have proof that for about 9 years i went nowhere near the limit, and it continued month after month to be raised without request?

 

I've already been through a few threads, and it gets quite engrossing, although some of them are like watching a good series which then gets cancelled (no ending )

 

cheers all, i will keep looking for info, although my brain is starting to tingle:???:

[lee in wales]

Hi Choppers, sorry to jump in on your thread, i noticed you mentioned GVI, i take it they are a debt collection agency, i only ask, as i keep getting text messages saying "can you please contact GVI on this number"

i have always ignored them thinking it might be a [problem] or something,

[choppers]

Hi Lee, all i know is that a company calling themselves GVI phoned me on behalf of MBNA regarding my being over my credit limit, and have since texted me.

 

i do not know who/what they are, or whether MBNA have sold the debt on?

 

but they definitely have some association with MBNA

 

the phone number is :08004046601

[lee in wales]

thanks Choppers, i am over my credit limit by about £110 so thats what it is then, saying that the £110 is made up of charges and interest.

It might have been nice to receive a letter rather than a text message though.

 

Many thanks

 

Lee:D

[choppers]

MBNA are taking it up a noch.

 

The minimum payments have gotten too much, and i missed two, was then told that if i didn't make a minimum repayment i would be in default, stating what could happen as a result of (facts and myths sheet)

 

in response to this i sent out two letters one claiming bank charges, and a budget statement and token payment offer (after advice from CCCA)

 

since then (about a week) i have received about 12 calls from either MBNA or Global Vantage (GVI) but have not answered any as i find it quite an emotive subject to discuss over the phone.

 

i have not received any response to the Budget statement and token payment offer.

 

so what happend now?

 

what should i expect and what steps should i take?

 

i will/should be receiving a rather large payment in the next few weeks that would pay off about 20% of the debt, but haven't told them that yet.

 

CCCA recommended Bankruptcy or token payments, what are the effects of Bankruptcy on Family members living in the same house, with no attachment to the debt (all unsecured)

 

cheers for any help

cheers for any help

[choppers]

I am also thinking of sending a S.A.R - (Subject Access Request) and claiming the PPI i have paid, which with interest probably accounts for about 50% of my balance.

 

one thing with the PPI is i don't know how much i have paid?

i have had my MBNA account for about 12 years, and only have statements as far back as 2003? so do i need to know how much i've paid to claim, or can i just claim the full amount and expect them to find out how much it is?

 

also i hear that i can offer a payment to close my account, what sort of %'age would be a wise offer on a balance of £9'777.00

 

thanks for any help

[Hopeful1]

Hi Chopper. I dislike dealing with DCAs immensley. My 1st priority is usually to try to get them off my back.

 

Firstly i would send them (GV) a CCA request. It is highly unlikely that MBNA actually have a proper agreement - do you remember signing one?

If GV don't produce the doc in 12+2 working days they are in default and you can at this point cease payment. After a further 30 days (calendar month) they are in criminal dsefault and would have to go to court to enforce the agreement IF they found it.

 

In the meantime you say that you have offered a minimal payment and they've not acknowledged it. In such times i have made the payment anyway, so if for any reason i ended up in court i would look like the good guy!

 

At the same time i would send a S.A.R to MBNA and look at what i can claim back. Start with the charges and then move on to the PPI (lots of threads popping up about this one).

 

I would get all of this sorted before i even considered making a full and final offer. Remember, if MBNA don't have true copy of executed agreement you can use this as your trump card at the end

 

Hope this helps, it's just my opinion - i'm no expert!

 

Keep reading, each time you read a thread it starts to make more sense and your head will feel less dizzy

 

PS DO NOT TALK TO ANY OF THEM ON THE 'PHONE - KEEP ALL LETTERS, RECEIPTS ETC FOR EVIDENCE (JUST IN CASE) - SEND ALL LETTERS RECORDED OR SPECIAL DELIVERY.

[choppers]

thanks for the info.

 

when you say send a CCA request to them (GV)

 

i have not had any physical contact (letters) from GV only phone calls that i have not answered. so i do not have an address for them. or a reference number (other than MBNA account number) also i'm not actually sure what a CCA request is

 

cheers again

[Hopeful1]

When people send a CCA they are asking for a true copy of the executed credit agreement under the Consumer Credit Act 1974. The agreement must have a list of prescribed terms to make it enforceable and an application form does not count!! The agreement is proof that you agreed to their interest rates and so forth, without 1 a debt cannot be enforced ie they cannot chase you for payments.

 

Don't worry about the details too much at the moment. Again, as you read the other threads it will start to make sense, i don't want to bombard you. If you are sent an agreement, scan it on here and everyone can share their opinions.

 

There are lots of letter templates here:

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

The CCA template is N. (when you need it)

 

If you are not responding to the DCAs calls, they will write eventually. I would be inclined to wait for them to do that., but in the meantime get your S.A.R off to MBNA.

 

Let us know how you get on

[choppers]

when sending the S.A.R how do i give them £10?

cheque/ p.o, cash?

[Hopeful1]

I think a cheque's better because it's easier to see when it has been cashed. It also means you save a few pence on postal order fees

[choppers]

hi, just updating my case.

 

The DCA continued to phone my about 2-8 times a day for 2 weeks, which i never answered. they never sent me any letters.

 

then i received a few letters from MBNA, one acknowledging my request for charges to be refunded. one offering 20% of money asked for (no SAR was sent)

 

and then i received a letter from MBNA thanking me for sending a Income and expenditure form and asking me to phone them.

 

i have no desire to phone them, and as the DCA have not contacted me i have not sent of a CCA form.

 

any advice on what me next step should be, and what to do regards them asking me to phone them.

 

thanks

[choppers]

anyone got any answers to the above post???

 

also, i just received a charge from Abbey today for not having enough money to cover a Direct Debit (money in account a day later )

they have charged me £35 for a payment of £50

 

seems a bit steep in light of recent events?

 

cheers

[Josie8]

Send the CCA request under s.78 of consumer credit act 1974 to MBNA today asking for true copy of executed agreement. Send 1.00 postal order as the 12 day default period starts on day they receive special delivery letter.

 

Given the year you say your account started they will not have a properly executed credit agreement for you. After 12 working days they are in default & cannot enforce agreement.

 

Send the request today!

[standingupformyself]

Hiya Chopper....You say you opened your account in 1994? Excellent!

 

I would put money on the fact that MBNA will not be able to provide you with your true copy of your CCA. This has proven a (silent) excellent leverage point.

 

Send off for your CCA whilst you are still waiting for your SAR information to come through.

 

AS regards the DCA, I would write to them, stating that you are waiting for various information to be sent to you from MBNA, which they have 40 days to send to you from ** (the date you wrote to them) Tell them you have offered a token payment and sent in the income expenditure form, of which they have acknowledged and ask them to acknowledge in writing that they accept this amount. State in this letter that you only wish to communicate with MBNA/dca whoever in writing, as is your right.

 

There are telephone harrasment letters in the templates, which should also be sent to them

[standingupformyself]

I started to write my reply about 8.45 and then got excited because the post came! (nothing to report sadly) then while I was sorting that out Josie popped up with her information! We are peas from the same pod I think.

 

AS for the Abbey charge. Phone them! YOu should be able to talk them out of it, my neighbour did last week.

[choppers]

thanks all for the helpful replies (not implying that some were unhelpful )

 

as i am about to send off the CCA i thought i would kill two birds with one stone and add a footer re. the communication by phone.

 

We look forward to hearing from you but ask that ALL correspondence is done through the Post. No phone conversations will be entered into regarding my MBNA account.

 

would that be OK?

 

cheers again

[standingupformyself]

I think it is perfectly acceptabe.

[lemma1968]

That's what I did.

[choppers]

hi, i sent off my CCA and SAR on the 9th August and have received nothing (other than 5 phone calls a day still:mad: ) until today.

 

received a letter from MBNA informing me that i am in breach of the agreed T's &C's and a decision has been made to place a restriction on my account (this is irrelevant as i had already told them to freeze my account)

 

they go on to say that failure to clear my arrears will result in eventual termination of the agreement and registration of a default at the CRA's

 

Can anyone tell me the ramifications of this letter and what it means to the CCA and SAR?

 

thanks for any help

[standingupformyself]

I am not experience enough to help you with the letter, but I can tell you that the SAR and CCA request have categorically not changed, stick to your dates and timescales on them.