I used to work at MBNA...

[geministar2007]

How likely is it for MBNA to have invalid credit agreements?

 

I am on a DMP and have been since Feb, the only creditor not to accept my offer was MBNA, they are sellin my debt to a collections agency very shortly.

I was thinking about requesting my original CCA? I know i did an electronic signature when i applied online for the credit card. Just wondered what my chances were.

Saying that MBNA did stop the interest on my account, whereas my natwest overdraft at the moment is still incuring interest each month.

 

I look forward to hearing from Joe and anyone else about this matter.

[Fred Bassett]

How likely is it for MBNA to have invalid credit agreements?

 

I am on a DMP and have been since Feb, the only creditor not to accept my offer was MBNA, they are sellin my debt to a collections agency very shortly.

I was thinking about requesting my original CCA? I know i did an electronic signature when i applied online for the credit card. Just wondered what my chances were.

Saying that MBNA did stop the interest on my account, whereas my NatWest overdraft at the moment is still incuring interest each month.

 

I look forward to hearing from Joe and anyone else about this matter.

 

Hi geministar,

 

It's only £1 to find out if MBNA have a valid agreement, so why not do it anyway?

 

Regards.

 

Fred

[Joe Blow]

To be honest, all this CCA stuff didn't really happen when I worked there.

 

The staff at MBNA don't really care about TS. Why would they? Over 1,000 people work there. At the end of the day, these people aren't investing in the company.

Edited July 28, 2009 by Joe Blow

[moonwhich7]

Hi

 

I hope someone can help me. My mother is 81 years old and was recently diagnosed with senile dementia. I have taken over her finances and have found she is over £3000.00 pounds in debt to MBNA. She has totally forgotton that she had a credit card and the direct debit she had set up to pay the minimum each month defaulted as she had stopped working and had no income coming in.

 

I have requested in writing from MBNA details of her last transaction ( about 2 years ago) and the amount owed to them at that time. I have been repeateadly told they do not have that information and their attitude is getting more aggressive with each phone call. Is this true?!! They are about to take my Mother to court. Can anyone give me advise?

 

Thanks for any help anyone can offer.

[foolishgirl]

Welcome to CAG moonwich

 

I have been repeateadly told they do not have that information and their attitude is getting more aggressive with each phone call. Is this true?!!

 

No, it's complete rubbish & they have a legal obligation to supply your mother with a statement of her account although they can refuse to supply you with such even if on her behalf (unless you have power of attorney).

 

Suggest you read through some of the threads in this forum to get an idea of the procedures for dealing with this but the golden rules are (1) never, ever speak to them on the phone, get everything in writing (2) do not sign anything you send to them, print r use dig. signature (3) send everyhting Rec. Del.

 

I would suggest that you start by requesting on your mother's behalf a copy of her CCA (cost £1.00) . This will tell you whether MBNA actually have an enforceable agreement. They have 12+2 days to supply this. If they don't you can then put the account in dispute & make no further payments until/if they find an agreement or take legal action (in which case you have a perfect defence - no CCA, no agreement, no debt).

The template letter is here (letter N)

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

 

The next thing to do is to get hold of her balance/payments account. Write again & tell them they have to supply within 14 days unless you think she may have had unlawful charges (late payment, over limit charges etc)applied to the account, in which case you need to send a SAR request (cost £10.00) to obtain all her statements (unless she already has them). You can then calculate how much she is owed, claim it & reduce her balance. They hae 40 days to supply this info. The letter template is here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

You prob. realise by reading this forum that MBNA are particularly arrogant about the law & debt collection guidelines, so if they start harassing you with phone calls etc. you need to send a notice to desist to them - post back if you need this help.

 

If the CCA is enforceable, you can still offer token payments so don't worry about court action etc. at this stage - it's mostly telephone bluff & propaganda & it's what MBNA thrive on.

 

Hope this gets you started OK.

[Goldlady]

Hi, it is a disgrace the way these people operate. I wonder how old she was when they gave her the card. I am so sorry to hear of her illness - my own mother is 85 and dementia is her biggest fear. MBNA were the worst of my personal creditors for bad behaviour and it turned out (to my absolute delight) that they couldn't produce a copy of my CCA.

 

I would suspect that they are 100% guilty of irresponsible lending in your Mum's situation and I would love to see the judge wipe the floor with them if they did try court action. Take the excellent advice from foolishgirl and please let us know how you get on.

[moonwhich7]

Thanks very much for your replys so far. I have found a letter on this site asking for both the suggested info above. So I will get that off immediatly as I am running out of time.

 

I also wondered the legality of an over the phone financial statement as they are saying that now they have that, they can take my mother to court. When I said they have nothing signed he said it doesn't make any difference. Is THIS true?

 

I have noticed when browsing the site alot of people say the CCA doesn't really make a difference and that MBNA just pooh pooh the unforcebility of it and time scale of producing it. Just wondering if it really is legally binding if there are descepancies.

[foolishgirl]

 

I also wondered the legality of an over the phone financial statement as they are saying that now they have that, they can take my mother to court. When I said they have nothing signed he said it doesn't make any difference. Is THIS true?

 

As usual, MBNA talking a load of garbage. You are entitled to receive a written statement of account - insist on it. How are you supposed to check it's correct?! (or maybe MBNA don't want you to? )

I have noticed when browsing the site alot of people say the CCA doesn't really make a difference

 

DEFINITELY yes, the CCA is an absolute. Without it there is no agreement, no legally enforceable debt.

and that MBNA just pooh pooh the unforcebility of it and time scale of producing it.

 

Unfortuately true! There is no doubt that you are in for a fight but you also have the law on your side if they can't/won't produce the docs. required to enforce a debt.

 

 

I repeat :

Suggest you read through some of the threads in this forum to get an idea of the procedures for dealing with this but the golden rules are (1) never, ever speak to them on the phone, get everything in writing (2) do not sign anything you send to them, print or use dig. signature (3) send everything Rec. Del.

[moonwhich7]

Thanks foolishgirl for all your help, really appreciate it!

 

When I said 'financial statement' I realise I meant personal budget sheet,( sorry, new to all the jargon) where you provide out goings and ingoings of your monthly finances. This was told to them on the phone. So they don't actually have a signed and verified document, but they are saying it is legally binding??????!

 

They have worked out that my mum can afford £39.00 a month. Which is rubbish.

[Fred Bassett]

Thanks foolishgirl for all your help, really appreciate it!

 

When I said 'financial statement' I realise I meant personal budget sheet,( sorry, new to all the jargon) where you provide out goings and ingoings of your monthly finances. This was told to them on the phone. So they don't actually have a signed and verified document, but they are saying it is legally binding??????!

 

They have worked out that my mum can afford £39.00 a month. Which is rubbish.

 

You're quite right moonwhich, it is rubbish. Only a Judge can determine that it's legally binding and I'd like to see them try and get this before a court. They'd get hung drawn and quartered. MBNA are the fleas on the boil on the backside of a camel.

 

Good luck.

 

Regards.

 

Fred

[foolishgirl]

So they don't actually have a signed and verified document, but they are saying it is legally binding??????!

 

They have worked out that my mum can afford £39.00 a month. Which is rubbish.

 

Quite right - all rubbish!

 

I wonder which finger they put in the air to conjure up that figure?

 

You're going the right route with the letters moonwhich. Just be patient & wait the 12+2 days....

 

BTW, what year did your mother take out the credit card? FYI agreements prior circa 2004/5 are more likely to be legally unenforceable.

[Goldlady]

And in my case non-existent from the mid 90s. I presume you have stopped them from intimidating your Mum - they got up to lots of dirty tricks with me - the worst one being when they phoned my neighbours.

[moonwhich7]

Thanks for your support Goldlady and Fred.

 

Unfortunately I don't know yet when Mum got the card or how, as she gets very confused about these issues and can't even remember having the card most of the time.

 

If I get the info requested I will have a better idea what I am dealing with. If she was given the card after she was diagnosed with dementia then they havn't got a chance.

 

I have insisted that they contact me only and so far they have held to that but if they do try to contact her again, thanks to this site, I know what to do and will immediatly go into action.

 

I am still working my way through all the information available here and am very grateful for the support. I was scared for my Mum and didn't know where to turn or what to do. I now feel in control and am ready for a fight.

 

Thankyou very much. Will keep you updated as and when.

[foolishgirl]

I now feel in control and am ready for a fight.

 

 

That's the right attitude moonwich, go get 'em - their actions & attitude are disgusting, they just seem to prey on the vulnerable.

 

Hopefully your Mum is not too aware of what's going on, she's lucky to have such a caring daughter.

[moonwhich7]

Oh Dear!

 

I think I have messed up already. I have realised, too late unfortunatly that the letter I sent to MBNA, requesting CCA/SAR, wasn't dated ( I did send it recorded delivery) Is this a big problem and if so what is the best way to rectify it.

 

Shaking head in disgust. I got to get better at this.

[foolishgirl]

No problem - as long as you can track it through the Rec. Del. slip all is OK.

[Goldlady]

Shouldn't matter if you have the recorded delivery slip with a date on it. Make sure you check for details of signature on the Royal Mail website and make sure you record it as the information is only on there for a short period. The fact that you didn't date the letter should make no difference if you can prove they received it.

[ExMBNAStaff]

Hi,

 

I worked at MBNA up until a month ago in the Customer Assistance (Collections) department. If anyone has an questions they would like answered, or any advice, please let me know

 

ExMBNA

[Fred Bassett]

Hi,

 

I worked at MBNA up until a month ago in the Customer Assistance (Collections) department. If anyone has an questions they would like answered, or any advice, please let me know

 

ExMBNA

 

As a matter of interest, why did you leave?

 

Regards.

 

Fred

[moonwhich7]

Hello ExMBNAStaff you are very welcome

 

I have a feeling you may get many replies to your post so please don't get overwhelmed. There are alot of people on this site who are trying to deal with desperate and distressing situations so any advice you can offer would be very much appreciated.

 

My own situation is that my Mother, who is 81 and suffers from dementia and a heart condition, forgot about her account a couple of years ago. It continued to be paid by direct debit until 7 months ago, when the money ran out (she had also forgotton about this bank account) She now has only her pension to live on.

 

Her account is at the stage where it is to be 'terminated' today, 24 Nov. MBNA have only been able to supply an illegible copy of the front of her application form from 1994 and have admitted they cannot supply the original T/C's.

 

What happens after today ? Is my mothers CCA enforceble ? What action should I/will they take ?

 

Thankyou very much for any help or insights you can offer.

Edited November 24, 2008 by moonwhich7

[columbo2000]

Hi,

 

I worked at MBNA up until a month ago in the Customer Assistance (Collections) department. If anyone has an questions they would like answered, or any advice, please let me know

 

ExMBNA

 

Hi

 

In your experience, have MBNA ever sent out a complete set of statements rather than a list of charges following a SAR? I personally prefer copies of statements.....

[banker_rhymes_with]

This Requires Original Lucid Language

And Lighthearted Enlightened Rhetorical Thinking

 

Cheers,

BRW

[jaystar2020]

Hi exmbnastaff

 

Are MBNA overwhelmed with 'help' requests from people due to the current financial crisis?

 

Is there a solid address to use for written correspondence that will definitely get through?

 

Cheers, look forward to your nuggets of wisdom

[banker_rhymes_with]

This Requires Original Lucid Language

And Lighthearted Enlightened Rhetorical Thinking

 

Cheers,

BRW

[caro]

OP hasn't been on line since 1st September or posted since 31st August.