Just starting out on the long MBNA road :(

[choppers]

hi again.

 

I have also atarted getting phone calls from a number 01706713200

 

after googling the number it is a company called BMS they seem to be tied in with 3 mobile some how but also when i typed in BMS debt collectors and i believe they are an arm of GVI.

 

anyone got any help to my previous query?

 

cheers

[standingupformyself]

Is it 14 days now from the date they should have received the CCA request? If so, they are now in default with you. There should be a letter somewhere on the forums about this, at the same time you can re-iterate the telephone harrasment part.

[choppers]

hi, i sent off my CCA and S.A.R - (Subject Access Request) 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 S.A.R - (Subject Access Request)?

 

thanks for any help

 

 

any help on the above would be welcome, i appreciate that every case is different, but any one who has had a similar experience or knows someone going through this would be welcome to comment

 

 

standingupformyself: Is it 14 days now from the date they should have received the CCA request? If so, they are now in default with you. There should be a letter somewhere on the forums about this, at the same time you can re-iterate the telephone harrasment part.

 

it has been 14 days, but i am wondering if they will say, sorry you were in default at the time the CCA SAR were received?

 

anyone?

[standingupformyself]

I makes no difference at all. I am at work at the moment, so unable to spend time trawling through the forums to help you find a letter, but I think there is a template for defaulting on a CCA somewhere...... PM Josie8 who I see has added to your thread earlier on, she is very clued up and switched on about CCA's and I am sure will be able to help you...

I will log back on later today and hopefully will have the letter templates if you have not got them sorted out by that point. xx

[choppers]

hi, things have not gone well with MBNA and i have sent the a letter informing them that i will have to file for Bankruptcy unless they accpet my latest offer of token payments, and freeze interest (an unlikely event)

 

any way i received a letter from them stating

"As a final attempt to demonstrate our good faith to resolve this matter, MBNA is offering you one last opportunity to pay. MBNA will accept a singificantly reduced payment based on your circumstances in partial settlement of your outstanding balnace."

 

and later goes on to state

"Remember we will forgo a significant proportion of your balnace if you agree to settle this account"

 

just a couple of queries about this;

 

what do they call a significant amount?

and will the be the end of it, or does "partial settlement" just mean i will still owe them.

 

does anyone know of this situation?

 

just wanted to check before contacting them.

[Hopeful1]

Hi Choppers, i've just quickly skimmed through your thread again.

 

Before you consider bankruptcy, you need to remember that MBNA are in summary criminal default now - they have not supplied you with an agreement, therefore they cannot legally chase you for this debt.

 

The reason they keep trying to barter with you and offer you reduced settlements is because they haven't got an agreement. They know, that some form of payment is better than nothing.

 

It doesn't matter that you had missed payments when you sent your request. The time limits for CCA requests are lawful timescales.

 

Sit tight, more help will come.

[Josie8]

While MBNA are in default of your s.78 request they are not allowed to enforce the account. That means they can't charge interest, demand payments, default you etc. This fact won't stop them from carrying out a programme of harrassment and intimidation.

 

However there is nothing in reality apart from trash your credit file they can lawfully do to recover any money from you.

 

When did you originally open your account with them? Was it MBNA or another provider that they took over?

 

At the moment there is no reason to file for bankruptcy etc. It is likely they will not be able to produce any enforceable agreement in which case you legally owe them nothing.

[itsallamess]

I have found this thread as a consequence of being in the same boat as choppers. I was made redundant about 2 months ago, and have finally run out of money. I have defaulted on an MBNA payment by about 3 weeks, and have just started receiving calls (many of them) from GV. I think I took my MBNA CC out about 2007. Now I would not normally consider this if they had been more reasonable, but do agreements taken out only a few years ago have a chance of being unenforcable?

[itsallamess]

Please please someone respond with advice.

 

I recently offered MBNA a payment of around £35 a month, as this is genuinely all I can afford. The first person I spoke to said that that was fine and they would set up an agreement based on that for a short period, but then someone called a day later and said they wouldn't set up an agreement, unless I make a payment immediately. I said I couldn't pay the first amount until the end of the month, and they said they would need to see commitment of at least 2 payments over the next 2 months.

 

Anyway, I got paid from work early as it's Xmas. So I called MBNA, but the guy was really unhelpful. He took the payment, then said according to my credit file I had a loan that was up to date, and that they couldn't set up an agreement for the lower fee, as I was up date with this other loan, and that showed I was giving preferential treatment.

 

Now it's true, I have managed to keep up with a few debts that are tied in with my bank/account, as I figured it's better to have 1 or 2 defaults rather than 3 or 4?

 

Anyway the guy says they won't set up a reduced payment option for me, and that I would have to have one in place on my bank loan as well. He said that they will sell the debt to a DCA in the new year, who will take me to court.

 

Now please, I'm begging here, can someone please please advise me?!

 

P.S. I took a big (around 9k) pay cut last year, that's how all this happened. I'm desperately trying to find a better job, how can I hold them off?