Mbna Cca Now Asking For Payment- Advice Please

[Windywoo]

A bit of background information:-

 

I was having a few financial problems at the back end of 2006. I managed to secure a reduced payment plan with MBNA last February, that was before discovering this fantastic site, they froze interest and charges, and refunded half of the unlawful charges I had already paid.

 

In July last year I CCA'd them, they got back to me with " Copy of the Original Credit Card Application, Terms & Conditions, Recent statement of account". IMO the application form they supplied, had not fulfilled their obligation under CCA1974, I stopped paying them.

 

In the last couple of weeks, the letters have started again, I responded with the letter pointing out the error of their ways. Yesterday. I received a post card, confirming they will be calling me next week, and an email, to which I responded with the letter I had already written a couple of days earlier, but added that they would be trespassing, if they came to my home uninvitied.

 

Today, yet another email. They are adamant that they documents they have supplied me with are enforceable, interest and charges have been added as of the end of December, and if I do not acknowledge the debt then the account will be defaulted, and passed on to a DCA at the end of April.

 

Fortunately this organisation do not have my phone number, so there is no problem there, however, I had informed them that my computer is used by other members of my family (not true:D !!), and to therefore not to send me emails.

 

I have attached the documents they have sent, the T&Cs were not those applicable to the account when taken out, and they were seperate. The application form has been copied on both sides, the reverse has adverts, but the bit about conditions on the right hand side, is a bit of a concern.

 

Would somebody have a look at these for me, I would be grateful for your opinions!!

File0015.PDF

File0017.PDF

[AndyOrch]

Application form unenforcable me thinks You agree paul

 

 

Regards

Andy

[pt2537]

In my humble opinion

 

Utter Dross,

 

it appears that the documents is very illegible, especially the small print

[Windywoo]

Thanks for that, it's what my gut feeling told me!

 

I have added a excerpt from the email from MBNA!!

 

 

 

If you want our help, then please let me understand your circumstances so we can see if we can place you back on a reduced payment plan. Without this knowledge then the debt will only increase and be sold. If you still believe that you can avoid repaying this debt by questioning the legality of it then I would ask you to take urgent independent advise. Obviously we have had a lot of similar letters recently due to the templates and information being available on the internet, and we therefore have made sure that our process is absolutely right, and that the information which you are already in receipt of is sufficient. This is why I can say with confidence that we have the necessary information to be able to prove that this debt is enforceable, should you wish to take us to court to prove your point. The next step for yourself would be to contact the ombudsman to progress this (again, on the assumption that you are still denying this debt), or alternatively work with us to get the debt paid off. My job is not to compound your debt issues, but rather work with customers to ensure they have a sensible repayment plan in place.

[humbleman]

My job is not to compound your debt issues, but rather work with customers to ensure they have a sensible repayment plan in place.

 

 

How very nice of them.lol

[pt2537]

Absolutely Andy

 

there is no clear link to the second document contained within the signature document and further more the words application in stencil form appears to confirm that they are not part of the same document as the first part of the of the word application is missing in what appears to be a vain attempt to shrink the page to make it look like they are front and back of the same doc

 

regards

paul

[Windywoo]

These are the only people who I have CCA'd, who are so adamant that, the documents they have supplied, are enforceable. All the others, apart from Cabot, but even they may have got the message, have not come up with the required paperwork, and have gone away!

 

I have had quite a long and labourious email "conversation" with an individual from MBNA today! In the end I had to politely asked him not to email me again, as he was getting rather confrontational. He unfortunately, wouldn't take no for an answer, so had to block his address! Where do these people get off???

[AndyOrch]

Please tell me:D

 

 

 

Andy

[ScarletPimpernel]

MBNA are full of bullsh*t, and they appear to suffer from a particularly severe case of faecal incontinence.

 

I have alluded before to the difficulty that MBNA clearly have with corporate arse/elbow recognition. Part of the difficulty appears to be that no one department or person has oversight of what is happening - so you can get one reasonably sensible response to a letter, followed by another explosively diarrhoeal blast of threat-o-matic letters, which leaves you wondering whether they are dealing with your dispute/CCA request or whatever, or not.

 

They constantly refer to their call-centre staff as 'specialists', though I note that they are careful not to say what the speciality is - spouting crap is my guess.

 

I had a series of hilarious emails from some (almost certainly fictitious) 'specialists' at MBNA's office in the Republic of Ireland. They were all 'signed' by people with improbable and unpronounceable Gaelic names, presumably to make me (a resident of Northern Ireland, but it's probably all the same to the Americans who wrote the software), feel more well-disposed towards them. I think the wording was supposed to make me think that several auburn haired colleens were desperate to help me - it didn't work.

 

Anyway, my email client just bounces them all straight back now.

 

Competition time: a shiny sixpence to any boy or girl who can tell me just how many people can be MBNA's Head of Customer Assistance at any one time...

[robcag]

Absolutely Andy

 

there is no clear link to the second document contained within the signature document and further more the words application in stencil form appears to confirm that they are not part of the same document as the first part of the of the word application is missing in what appears to be a vain attempt to shrink the page to make it look like they are front and back of the same doc

 

regards

paul

Not only that, but the second document has a signature date of 01/02/02, yet at the bottom right-hand corner of the first document is the number 04/02 (at least that's what it appears to be to me). I would take that as representing a mm/yy date format, so the signature document (application) was signed before the first document was produced!

 

Rob

[Windywoo]

Well spotted!!

 

I would say it looks 04/02 too, so what they are trying to do, is pass this off as included within the original document, as it gives a few illegible conditions!

 

Very naughty!!!!

[Windywoo]

Well, I have collated all my correspondence from MBNA, and have complained to the FOS, as per the invite from the muppet at MBNA. Received an acknowlegement from FOS that they had received my complaint, lets see what happens next......!!!

[Windywoo]

Had another letter from FOS, they are dealing with my complaint - does that mean £400 fine for MBNA?

[Windywoo]

An update.

 

Got no joy from FOS, they were non commital and suggested it would be up to a court to decide whether the agreement was enforceable. That was a waste of time!

 

In the meantime had a letter from MBNA, telling me the account would be defaulted and passed on 2nd June, as expected default notice arrived complete with charges!!

 

OK, been away for a month, returned home last weekend, and hey ho, three letters from Debt Clear Recoveries & Investigations Ltd. I wrote to them and said they had taken on a lemon, the letter went off on Wednesday. Yesterday, I received two mobile phone calls from a moron at the said company, which rather took me by suprise, as MBNA were never given my home phone number, only the one at work, which incidently does'nt exist anymore. I should have realised, that the speed in which these people contacted me, trying to convince me that MBNA had provided a legal binding document, that it is MBNA in disguise!! Incidently the moron on the phone did not ask any security questions, just me by name, so I could literally have been anybody! He rabbited on, quite frankly I got lost in space, told him I didn't wish to discuss anything on the phone, and put the reciever down. Two seconds later it rang again, the moron said Mrs X, I told him it was my private phone, and to stop calling! We will see what happens today!!

 

A question!

 

Are these people allowed to write letters suggesting credit consolidation, First Union being the broker, and of course secured on any property you may have, requesting assistance from relatives and/or friends and remortgaging! Is this legal??

[Windywoo]

OK, received two letters this morning, both dated 4th July, talk about harrassment! It says:

 

"Despite making several attempts to contact you, DCRI have not received a satisfactory response. We are now collating information that may prompt us to take further action regarding this debt.

 

A recent search of your credit file has allowed us to gain a better understanding of your financial situation, and it appears some of your other creditors are being kept up to date with payments. This suggests that despite your MBNA debt having defaulted through non-payment, you are still utilising credit elsewhere which suggests that you have not defaulted your other credit agreements. If we decide to take legal measures to recover your debt, a County Court may review your circumstances and may make an order for payment in our favour based on this information.

 

Please contact......blah blah!!"

 

This letter is in fact a load of tosh, I have at least three defaults on my file!!

 

Can somebody have another look at so called agreement MBNA have sent, just to be doubly sure it's not enforceable, and, what to do next!!

 

Thanks

[humbleman]

OK, received two letters this morning, both dated 4th July, talk about harrassment! It says:

 

it appears some of your other creditors are being kept up to date with payments. This suggests that despite your MBNA debt having defaulted through non-payment, you are still utilising credit elsewhere which suggests that you have not defaulted your other credit agreements.

 

You are paying the other accounts cos they are not in dispute, once the dispute is over with MBNA you probably start paying the aswell.

[Windywoo]

OK, wrote DCR&I a stinking letter on 5th July, haven't had any further rubbish from them, still early days I suppose. I expect MBNA will sell the account, let's see what happens next!!

[Windywoo]

Received another letter from MBNA - we are investigating your complaint. Proves my theory, DCR&I are the same bunch of muppets!!

[citizenB]

 

A question!

 

Are these people allowed to write letters suggesting credit consolidation, First Union being the broker, and of course secured on any property you may have, requesting assistance from relatives and/or friends and remortgaging! Is this legal??

 

 

Against OFT guidelines. I dont know whether there are any changes within the new laws. Apart from which they must think you would be downright stupid to have them secure the debt against your property by consolidating the debt ??

[Windywoo]

Update to this thread:

 

Got another letter from MBNA dated 29th July.

 

Dear Windywoo,

Account XXXX (formerlyXXXX??!!)

 

Thank you for your letter dated 1st July 2008.

 

As you are aware, we have already provided all documents necessary under s78 of the Consumer Credit Act 1974; these were sent to you on 15th August 2007, confirming that all necessary documents had been provided and that your debt was owing and due. As you failed to make the necessary payments we required, your account was defaulted in line with our policy on 20th April 2008. It is currently being administered by Debt Clear Recoveries and Investigations.

 

We also issued a final reponse on 18th January 2008 confirming the above and advising you to approach the FOS if your remained dissatisfied with our responses. The FOS adjudicated in our favour in respect of your complaint.

 

We are satisfied that all documents have been provided to you, and that the complaint has been resolved. As such, we expect you to repay the outstanding debt in full. You may continue to liase with DCR&I to arrange repayment of the balance. Any further letters from you regarding this issue will be filed and you will not receive any response.

 

Yours sincerely

 

 

OK, no more than I expected. In fact the FOS did not adjudicate in their favour, they sat on the fence, saying it was up to a court to decide whether the documents were enforceable.

What I can't understand is, why, they have now changed the account number!!

 

Anyhow, received this yesterday from DCR&I:

 

 

Dear Windywoo,

New account no XXXX

 

We have been instructed on behalf of MBNA to extend a generous offer to you, to assist you in clearing the above debt.

 

We will accept 50% of the outstanding sum in short settlement and will not pursue the remaining balance.

 

This offer expires on 31st August 2008.:grin::grin:

 

Yours sincerely

 

 

Now, why if MBNA are so adamant they have supplied a the correct documentation, are they so keen to accept 50%? Why are they not taking it to court to get the full amount.

 

Maybe I will just offer them 10% and see what happens. I'll wait until their generous offer expires!!

Edited August 7, 2008 by Windywoo
Added another bit

[Windywoo]

Well it all went quiet for a couple of months, apart from a couple of offers of 60% discount on settlement.

 

Been away for a couple of weeks and received the same letter I had in July, voila:

 

After numerous

attempts to contact you, DCRI have not received a satisfactory response. We are now collating information that may prompt us to take further action regarding this debt.

 

A recent search of your credit file has allowed us to gain a better understanding of your financial situation, and it appears some of your other creditors are being kept up to date with payments. This suggests that despite your MBNA debt having defaulted through non-payment, you are still utilising credit elsewhere which suggests that you have not defaulted your other credit agreements. If we decide to take legal measures to recover your debt, a County Court may review your circumstances and may make an order for payment in our favour based on this information.

 

Please contact......blah blah!!"

 

So the whole process has begun again - should I ignore this or send some sort of response?

[citizenB]

 

Competition time: a shiny sixpence to any boy or girl who can tell me just how many people can be MBNA's Head of Customer Assistance at any one time...

 

SP, this is a trick question isnt it? It is actually one person with a multiple personality complex.. Do I win

 

OK, received two letters this morning, both dated 4th July, talk about harrassment! It says:

 

"Despite making several attempts to contact you, DCRI have not received a satisfactory response. We are now collating information that may prompt us to take further action regarding this debt.

 

A recent search of your credit file has allowed us to gain a better understanding of your financial situation, and it appears some of your other creditors are being kept up to date with payments. This suggests that despite your MBNA debt having defaulted through non-payment, you are still utilising credit elsewhere which suggests that you have not defaulted your other credit agreements. If we decide to take legal measures to recover your debt, a County Court may review your circumstances and may make an order for payment in our favour based on this information.

 

Please contact......blah blah!!"

 

This letter is in fact a load of tosh, I have at least three defaults on my file!!

 

Can somebody have another look at so called agreement MBNA have sent, just to be doubly sure it's not enforceable, and, what to do next!!

 

Thanks

 

Another letter designed to have the recipient immediately telephone them to refute the allegations made. Choice A:. Ignore and wait for the next threatogram. Choice B:. Write back saying, I am in receipt of your letter dated XX XXX 2008 this appears to be a duplicate of your letter dated XX XXX 2008. My response is exactly the same as my earlier reply.

[Windywoo]

Definately need help!!!!

 

Postman came this morning with a letter from Restons!!

 

Dear Mrs Windywoo

 

We are instructed by MBNA to claim immediate payment from you of the balance outstanding on your overdue credit card £XXXXXX plus capitalised interest as appropriate.

 

You must pay £xxxxxxx to this office by Friday November 14 2008, failing which a summons will be issued for the full balance PLUS any continuing interest fees and costs. A Judgement will be entered against you which will be registered. Your credit record will be affected making it difficult for you to obtain credit in future.

 

Our client may be prepared to accept payment by instalments. If you wish them to consider this option please complete the enclosed questionnaire and return it to this office within six days. Unless we hear from you we may decide to telephone you on any number available to us. Alternatively please telephone us on the above DIRECT line within six days. All future correspondence/payments should be sent to this office clearly marked with your name and account number. Recepits will not be given unless specifically requested.

 

Finally, our client has asked us to draw to your attention an opportunity for you to clear the account at a specially discounted settlement figure which could represent a substancial saving for you. If interested you should call the direct line listed at the head of this letter.

 

I have CCA'd MBNA, they have come up with an unenforceable document. I will attach again for further comments.

 

HELP!!

 

Yours faithfully

 

Now, the financial statement really goes over the top, they virtually want your inside leg measurement. I shall not be filling it in.

Edited November 7, 2008 by Windywoo

[robcag]

Hi Ww

 

PM sent

 

Cheers

Rob

[Guest dvdriley]

following your thread, where r u upto?