AA99 v MBNA (Account 1)

[steven4064]

UNfortunately we have come across this before. There are people in MBNA who think that, because they are an American company, UK law does not apply to them. They need to be taught otherwise.

 

That is why I think we need a case against them under the Protection from Harassment Act 1997, Administration of Justice Act 1970 and Communications Act 2003 for starters.

[lexis200]

You have a choice, then. You can wait for them to take you to court (if they ever do) and then counterclaim or you can claim first.

 

Hi Steven

 

Just wondering if this means that MBNA don't tend to go down the court route unless they really have to?

 

We're desperately trying to set up a payment plan with them (tried CCAing, they came up with what looks like an enforceable, albeit dodgy, form), but they're being a complete nightmare, and I was concerned they'd be quick to get litigious.

 

Thanks

 

Lexis

 

ps - sorry for hijacking AA! Hope it's all ticking along for you without too much trouble...

[steven4064]

lexis

 

If you look on the MBNA forum you will see that they tend to sell the debt on rather than go to court - get someone else to do the dirty work

Edited October 21, 2008 by steven4064

[AA99]

UPDATE

 

Account No.1 (in my name since May 2006 & taken over from BOS):

 

May 08 MBNA statement showed balance over limit by £28.92 caused by charges and interest.

14 July RMA wrote for arrears

31 July MBNA wrote for arrears of £187.79 (all interest & charges)

1st August Wrote querying amount of charges & interest & expressed concern to repay

11 August MBNA wrote acknowledging receipt of letter promising full response within the next 5 business days.

12 August RMA wrote again for arrears.

23 August RMA wrote threatening report to CRA

18 August MBNA wrote to advise withdraw credit line and advising CRA of arrears and threat of Defaul Notice.

8th September Wrote covering Hardship Letter together with I & E Form clearly showing no surplus and £20 p.m. to each creditor.

10 September MBNA wrote letter headed Potential Commencement of Legal Proceedings if I didn't phone within 7 days.

12 September MBNA wrote acknowledging receipt of I&E Form. Asked to phone them

18 September MBNA wrote letter headed Important Default Notification (it's not too late to prevent the termination of your agreement)

23 September I sent Harrassment Letter, CCA Letter plus £1

13 October I sent CCA in default letter

13 October I sent S.A.R - (Subject Access Request) plus £10

15 October received MBNA letter dated 10 October with heading Let Us Help you to repay the Money that you have Spent and final chance to cooperate before insisting we disclose our personal assets and income.

18 October MBNA sent normal Statement dated 14 Oct with additional page re default sums and interest thereon

 

23 October MBNA sent letter dated 20 October, received 23 October, "We can help get you back on track". Arrears include charges & interest.

http://i390.photobucket.com/albums/oo349/AA99/MBNAletterdated20Oct08.jpg

Edited October 23, 2008 by AA99
spelling

[AA99]

ps. £1 Postal Order credited to Account No.3

[AA99]

Account No.2 - Story so far, forgot to mention 6 phone calls a day, separate records kept !!!!!!!!!!!!!!

 

1st August 2008

 

MBNA Credit Card

Chester Business Park

Chester

CH4 9FB

 

 

 

Dear Sirs

 

My wife and I have found ourselves holding 3 separate accounts with yourselves, none of which we are able repay at the current interest rates coupled with your charges.

 

Account: (No.2) – Credit Limit £5,000

 

This card was taken out with Virgin Money in March 2007, with 0% interest until September 2008. It was used for the purpose of transferring balances from other accounts to utilise this offer. 3 balances totalling £4,800 were transferred and transfer fees of £143.04 paid.

 

In January 2008, my payment was 2 days late and I was charged £12 late fee and interest began to be charged. Your current interest rate of 29% is not sustainable. Having spoken to your offices regarding our circumstances, they have offered to freeze the charges but not the interest, with us paying £20 p.m. for 3 months. With interest at over £100 p.m. this is not a feasible arrangement.

 

04 August Letter received from Aegis BPO Services ltd, contact by phone to make a debit card payment.

12 August Letter same as above, reminder

21 August Letter from MBNA requesting arrears of £265.75

22 August Letter from Aegis BPO requesting payment, reminder

08 September We sent letter of Hardship plus I & E Form, offering £20 p.m. plus copy of above letter 04 August.

10 September Letter from MBNA advising Potential Commencement of Legal Proceedings

12 September Letter from MBNA acknowledging receipt of I & E Letter, phone their offices

22 September Letter from MBNA - Important Default Notification, arrears now £392.81

23 September CCA sent with £1 P.O.

Letter from MBNA dated 02 October, received on 17 October, 3 pages as follows:

MBNALetterdated02Oct2008p1-1.jpg - Image - Photobucket - Video and Image Hosting

02 October Letter from MNBA demanding immediate payment of £507.98

10 October Letter from MBNA wanting to discuss both accounts issued by MBNA on behalf of their affinity partners (Virgin & AOL)

13 October Sent letter advising CCA in default & requested SAR with £10

Letter from MBNA dated 17 October, received 23 October, Notice of Sums in Arrears showing £3 Postal Orders as paid against the arrears.

[AA99]

Account No.2 - Story so far, forgot to mention 6 phone calls a day, separate records kept !!!!!!!!!!!!!!

 

1st August 2008

 

MBNA Credit Card

Chester Business Park

Chester

CH4 9FB

 

 

 

Dear Sirs

 

My wife and I have found ourselves holding 3 separate accounts with yourselves, none of which we are able repay at the current interest rates coupled with your charges.

 

Account: (No.2) – Credit Limit £5,000

 

This card was taken out with Virgin Money in March 2007, with 0% interest until September 2008. It was used for the purpose of transferring balances from other accounts to utilise this offer. 3 balances totalling £4,800 were transferred and transfer fees of £143.04 paid.

 

In January 2008, my payment was 2 days late and I was charged £12 late fee and interest began to be charged. Your current interest rate of 29% is not sustainable. Having spoken to your offices regarding our circumstances, they have offered to freeze the charges but not the interest, with us paying £20 p.m. for 3 months. With interest at over £100 p.m. this is not a feasible arrangement.

 

04 August Letter received from Aegis BPO Services ltd, contact by phone to make a debit card payment.

12 August Letter same as above, reminder

21 August Letter from MBNA requesting arrears of £265.75

22 August Letter from Aegis BPO requesting payment, reminder

08 September We sent letter of Hardship plus I & E Form, offering £20 p.m. plus copy of above letter 04 August.

10 September Letter from MBNA advising Potential Commencement of Legal Proceedings

12 September Letter from MBNA acknowledging receipt of I & E Letter, phone their offices

22 September Letter from MBNA - Important Default Notification, arrears now £392.81

23 September CCA sent with £1 P.O.

Letter from MBNA dated 02 October, received on 17 October, 3 pages as follows:

MBNALetterdated02Oct2008p1-1.jpg - Image - Photobucket - Video and Image Hosting

02 October Letter from MNBA demanding immediate payment of £507.98

10 October Letter from MBNA wanting to discuss both accounts issued by MBNA on behalf of their affinity partners (Virgin & AOL)

13 October Sent letter advising CCA in default & requested SAR with £10

Letter from MBNA dated 17 October, received 23 October, Notice of Sums in Arrears showing £3 Postal Orders as paid against the arrears.

[AA99]

Just had a call from a 'with-held number' asking for me by first name. When I asked who was calling, she said Tracey. I said Tracey who? She said is that (my first name). I said Tracey who? She said Tracey from MBNA. I said I am sorry I am not talking to you on the phone. She said fine then we'll send someone round to see you and hung up !

 

These people really need reporting now. Am getting nowhere fast with them!

[davey77]

They can't send someone round to see you without making a prior appointment (not that they have any intention whatsoever to actually send someone).

 

Are you able to record future conversations? Could prove very useful.

 

Have you reported all this to anyone yet? (OFT/TS/FOS)

[AA99]

Hi Davey. I've done all the harrassment/visiting letters. I started to tell her they couldn't send anyone round but she hung up. I am so sick of this bank. I am making headway with all my other creditors except this lot! No, I haven't reported them yet but am about to. Presume the FOS is the first stop ?

[lexis200]

Hi AA:)

 

Sounds like you're being treated as well as we are by them!

 

I'm just about to start a complaint to the FOS too - do you want to put yours in with mine and save on postage? I'm sure we could find some other takers too:D

 

They do seem to have stopped phoning us though. I don't think they love us anymore as we haven't had a letter for about 10 minutes either:p

 

If you haven't already got a recorder, I really would go and get one asap. The trouble is, things like 'tracey' said to you are just not going to be accurately noted by them (as I've found out after getting the notes from OH's SAR). If you can prove they've not only said these things to you, but lied when noting them too, I reckon they're on a sticky wicket.

 

If you haven't already seen it, I've been directed to look at ReallyMadWomans 'complaining to the FOS' thread. It gives a load of advice and help, so have a look there when you start. I'll probably meet you in there:)

 

Take care

 

Lexis

[AA99]

Have just come from RMW's thread and it would appear to be a bit of a useless task complaining to the FOS!!!!!

 

Who exactly is the regulatory body for these bar-stewards???

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/136654-complaining-financial-ombudsman-service.html#post1800955

[AA99]

Consumer Direct - Your rights under a credit agreement

 

The OFT's website directs you to Consumer Direct who in turn direct you back to the FOS ??????????:-?:-?:-?

[steven4064]

I'm afraid our combined experience is that neither the OFt nor the FOS are much use. If Gordon's reading this - here is a quick way to save some taxpayers' money

[davey77]

Id follow Lexis' thoughts there AA99. As i understand it a creditor is still charged a fee (£400) when you make a complaint to the FOS. Hope someone can confirm that. IF so then it's nice to know that you are costing them money at the very least!

 

Consumer Direct website (i have found) is useless and patronising. Get your local TS address and write to them directly.

Edited November 6, 2008 by davey77
spelling

[citizenB]

Davey, I think it is £450 now.. cost of living you understand

 

AA, you might feel it to be a waste of time but there are two things you can benefit from here.

 

1: The FOS are incredibly busy, so it will be a fair time till they get round to your complaint. However, they will provide you with a reference number which you can quote on and in response to any future MBNA correspondence. By complaining to the FOS you have put the account without any doubt into clear DISPUTE. This should hold MBNA and any DCA they choose to pass the account on to. Just a short note to them stating "This account is now under investigation by the Financial Ombudsman" usually has a DCA returning the account to MBNA.

 

2: If MBNA still fail to sort things out for you, you now have in your armory of correspondence to be able to show to any DJ.. absolute proof that you have been reasonable in trying to resolve any dispute. It is MBNA who havent.

 

Whilst in dispute a creditor isnt really supposed to add charges, etc. So you will be able to claim all that back.

[citizenB]

Have just been on National Debtline's website and they have some pretty useful guidelines. I think I am going to use their template letter to suggest MBNA take us to court......

We're living on benefits, no court fees due, interest would be frozen, we have no jobs, assets, or property. Maybe that will make them sit up and listen.......

 

I have just seen this post on RMW's thread. If you have no assets, jobs etc. Then yes, it might be worth you having them take you to court. However, as Davey has already said.. they dont that. I think to force their hand then all you can do is send one more letter there is one in the template section you can adapt.. letter F. Then just ignore future letters from them it will more than likely force them to pass the debt on and it will be a DCA who takes the court route.

 

Where exactly are they in the list of creditors ?. Do you owe more to MBNA or someone else ?

[AA99]

Thanks a lot peeps for your usual constant heart-warming encouragement:). You have all really helped me feel more confident as the day has gone on. I really was quite tearful after that call this morning. I am tickling scales wherever I can 8)

 

Anyway, we are still receiving recorded voices 3 times a day from them for our other a/cs too!! I am however obtaining a recording machine as I am almost tempted to sue them for harassment-caused ill-health. OH is already on (Mental) Incapacity Benefit and takes heavy prescription drugs. MBNA are doing nothing for him or me right now.

 

Another interesting item I came across on National Debtline's site was the case of an irresponsible lender:twisted: What "IF" unemployed, tenant, had received a smack in the face pop-up on the pc one day offering them a juicy fat credit card for £10,000 - apply now - online - click here - and POP, there's one on your front door mat in 2 days! 4.9% for life! affordable! Then, you never get a job, the CC Company treble their interest rates and put charges on the charges, etc etc etc etc etc etc. Is that Irresponsible Lending or would debtor be had up for fraud too?

 

Just a thought !

[AA99]

I have just seen this post on RMW's thread. If you have no assets, jobs etc. Then yes, it might be worth you having them take you to court. However, as Davey has already said.. they dont that. I think to force their hand then all you can do is send one more letter there is one in the template section you can adapt.. letter F. Then just ignore future letters from them it will more than likely force them to pass the debt on and it will be a DCA who takes the court route.

 

Where exactly are they in the list of creditors ?. Do you owe more to MBNA or someone else ?

 

 

Sorry, got carried away there..... Citizen, we have 3 cards with them with yes, the biggest debt. None of the cards were taken out directly with them, but taken over. Thanks for the template letter too. Think I'm going to send it to all 8 Creditors!

[citizenB]

Ah, thats a shame. If you could have advised them that your other creditors "to whom you owed more" had accepted token payments, it could have been a bit of leverage.

 

Never mind, send that letter out. As Davey77 will tell you.. when you want the s*ds to take you to court they wont :D

[AA99]

Ah, thats a shame. If you could have advised them that your other creditors "to whom you owed more" had accepted token payments, it could have been a bit of leverage.

 

Never mind, send that letter out. As Davey77 will tell you.. when you want the s*ds to take you to court they wont :D

 

 

NOOOOOO, don't get me wrong, they are the biggest because we have ended up with 3x their cards. We've also 'ended' up with 4x Barclaycards and 2x Crapital 1. but at least they are all being considerate and accommodating, but at least they're not bullying and harassing and driving one to one's limits!

 

My single biggest payment (£55pm) to Creditors, other than priority payments, is to GEMoney Car Loan, and even we are negotiating.....

[citizenB]

Your comments in post 141. It is my understanding the FSA will be looking into Irresponsible Lending. Whether or not anything will come out of their enquiry I dont know.

 

Hmm, so MBNA are only "collectively" your largest creditor. Are they treating all the accounts separately at the moment.. or when they write are they attempting to group them together ?

[AA99]

MBNA have tried to lump OH's 2 accounts together only recently but mine is separate. Probably because we have different surnames, although obviously same addresses.

 

They have phoned 4 times in 2 hours this morning since 8.30am. I have Caller ID now so haven't answered.

[citizenB]

MBNA have tried to lump OH's 2 accounts together only recently but mine is separate. Probably because we have different surnames, although obviously same addresses.

 

They have phoned 4 times in 2 hours this morning since 8.30am. I have Caller ID now so haven't answered.

 

 

Is there any possibility you could get your number changed. Providers are usually pretty good if you say you are receiving lots of unwanted calls (dont specify). I know it can be inconvenient.. but to stop the fear of answering your own phone, I think it is worth it.

[AA99]

I had thought of that but they have my mobile number too. However, now I have Caller ID back, am happy to just not answer when I see their oh so familiar numbers. It's only when they use an unknown number or even a cell phone themselves that I have to answer and then I just hang up. Think I've mentioned previously that my 9-year old son is on DLA as he lives with a life-threatening illness and it is purely for him that we are forced to leave the lines open.......