Re: Me vs MBNA court case looming help please / **DISCONTINUED**

[Mr Happy]

I really need a quick answer or suggestion on this one.

 

I have read many of these cases on this forum and they are all targeted at certain people, bits make sense but I really needed something targeted for me, I am far from stupid but bits of information here and there tend to get a bit confusing, I apologise if I am making you repeat yourselves.

 

I owe MBNA £21,000 much of this is interest, I haven't used or been able to use the card since it went over my credit limit of £18,000 they have given me lots of options of paying certain amounts which must be paid in a certain amount of time or fireworks will happen, most of the time I have ignored them, I currently do not have the finances and MBNA know it but they are trying all sorts of things im sure most you are aware of it.

 

They sent me the land registry details of my house, I spoke to the CCCS and they told me what I had guessed, they are sending me stuff to frighten me into raiding banks or mugging pensioners to get the money to pay their debt, I told MBNA thanks for the information but I already know where I live, they were struggling to imply but not say that they can come and get my house.

 

They gave me the option to pay 50% of the debt which was a good offer as far as I was concerned I would end up paying what I had spent and let off their interest but I never had the cash anyway so it was out of the question.

 

They have tried to get me to take out secured loans or transfer the account to other credit cards that they new I had (somehow) and they would let me off the 50% and mark my credit report partial settlement, I have checked and the cards wouldn't let me do it anyway.

 

I have recently had a new card sent out with a £9,000 credit limit because a bank has transferred the card to another bank, I am not sure if I can use the credit but I would assume I can, I rang MBNA aka (Debt Clear Recoveries and Investigations Ltd) and said I may be able to get £7,000 to clear the debt would they accept it as settlement for the debt, they said they would accept £7,662 or thereabouts and mark my debt partial settlement.

 

I wont be able to make the repayments on the new card but at least the debt would be reduced to just under £8,000 where the process starts again.

 

I really want to get this sorted soon I have applied to join the Police Force (Interview next week) and financial issues was mentioned on the security clearance form, if I get the job I could start to clear my other debts.

[PGH7447]

Hi and welcome

 

I really need a quick answer or suggestion on this one.

 

I have read many of these cases on this forum and they are all targeted at certain people, bits make sense but I really needed something targeted for me, I am far from stupid but bits of information here and there tend to get a bit confusing, I apologise if I am making you repeat yourselves.

 

I owe MBNA £21,000 much of this is interest, I haven't used or been able to use the card since it went over my credit limit of £18,000 they have given me lots of options of paying certain amounts which must be paid in a certain amount of time or fireworks will happen, most of the time I have ignored them, I currently do not have the finances and MBNA know it but they are trying all sorts of things im sure most you are aware of it. If this amount includes charges you can claim them back, send a sar to mbna and get your statments to check

 

They sent me the land registry details of my house, I spoke to the CCCS and they told me what I had guessed, they are sending me stuff to frighten me into raiding banks or mugging pensioners to get the money to pay their debt, I told MBNA thanks for the information but I already know where I live, they were struggling to imply but not say that they can come and get my house. Usual threats and scare tactics

They gave me the option to pay 50% of the debt which was a good offer as far as I was concerned I would end up paying what I had spent and let off their interest but I never had the cash anyway so it was out of the question. seems to me that they may not have a valid agreement, have you checked by way of a CCA

 

They have tried to get me to take out secured loans or transfer the account to other credit cards that they new I had (somehow) and they would let me off the 50% and mark my credit report partial settlement, I have checked and the cards wouldn't let me do it anyway. this is unlawful and they should not atempt you to take out further debt to repay with, if you have this in writing hang onto it for ammunition if they get really nasty

 

I have recently had a new card sent out with a £9,000 credit limit because a bank has transferred the card to another bank, I am not sure if I can use the credit but I would assume I can, I rang MBNA aka (Debt Clear Recoveries and Investigations Ltd) and said I may be able to get £7,000 to clear the debt would they accept it as settlement for the debt, they said they would accept £7,662 or thereabouts and mark my debt partial settlement. If they mark it as partial then they will be at liberty to sell the remainder on to some scummy DCA who will then chase you to death over it, if you can settle you want full setlement not partial

 

I wont be able to make the repayments on the new card but at least the debt would be reduced to just under £8,000 where the process starts again.

 

I really want to get this sorted soon I have applied to join the Police Force (Interview next week) and financial issues was mentioned on the security clearance form, if I get the job I could start to clear my other debts.

 

In todays age financial information is always asked but having debts does not preclude you from employment in most areas, as long as you are honest at the interviews

 

good luck

[Mr Happy]

Thanks for your help

 

I asked for the settlement offer in writing and they sent it through this morning, they say it will be marked as partial settlement with licensed credit reference agencies and MBNA or DCRL will not pursue the matter further, I take it that doesn't stop them selling the remainder of the debt to someone else to chase as you have mentioned above.

 

You need to watch every single word from these guys.

 

I've seen SAR and CCA mentioned a lot I believe there are pre set forms for that, I will troll through the forum and find them.

[SB100]

There's information on my thread here that should help you

[PGH7447]

yep partial means that other bottom feeders can come along anytime within the next 6 years and start hounding you, tell em to stuff it

[banker_rhymes_with]

Hello Pi-stoff!

 

Keep everything in writing when dealing with the MBNA.

 

Brace Yourself for Harassment

 

If they have not started the Telephone Harassment yet, they will. So get ready to start Logging all of their Calls, and try to set up a way to Record any Calls you do happen to take or want to take in order to obtain some names for your Harassment Log.

 

The Police will haul a banker into Court, but can't haul a bank into Court on Harassment, so you need names. If you do speak to them, get the employees full name, and ask for the name of the MBNA Manager who authorised the Call. After a while, you may spot a pattern. It's the Manager you want, even if he/she/it never actually called you. A pattern of abuse via Employees is enough if it all points back to one Manager every time. They can't then claim it was one rogue employee acting in isolation.

 

Card Rate Ramping

 

I think you have already gone past the point of being able to revert back to any sort of normality with MBNA. They caused that, not you, when they ramped up your Interest Rates into orbit to help you when in difficulty. If you are not on 35% now, you will be soon.

 

This was because they know you are at the end of your productive life as far as that Card is concerned, they have exhausted the Cash Cow. This happens a lot, and is an almost inevitable cycle with MBNA Cards. They'll milk you for many years, but eventually it will come to an end.

 

Now all they want to do is bleed the last few drops out of you while they can, whilst inflating the End Stage Debt into orbit to join your Interest Rate.

 

They do this for two reasons:

 

(1) To increase the size of any Tax Write Off if you cannot Pay, as they will assume is likely.

 

(2) To increase the Payment they will get from any pond life DCA that buys the final Debt. The DCA will offer them a percentage, and the MBNA have already worked out that 20% of 21k is better than 20% of 18k. Plus whatever they don't get from the DCA is again written off against Tax, so they really can't lose.

 

Establish the True Debt Position

 

From the size of the Debt, my guess is you have had this Card for a while, so it's quite possible you have Paid back more than you have spent over the Life of the Card.

 

Take some time out with a Spreadsheet, or invest in something like MS Money or any good basic Home Accounts Package. Enter everything, but make sure you use suitable Categories for the issues that matter.

 

What you want to see is how much you have ever Spent, how much you have Paid them, and then you need to see how much they have charged you and for what.

 

Rough guess is you'll have Spent say, 70k, and paid them back, say, 75k and they'll have charged you, say, 26k in charges. Add spending to charges and you get 96k. Deduct what you Paid them (75k) and you get left with 21k funnily enough.

 

Your numbers will differ, but you may get the idea.

 

Once you've done that, you can see where you really stand. If you have Paid them more than you have spent, then the 21k is effectively the sum total of all their Charges and Interest...plus you may've Paid more on top so that's a balance that went their way.

 

Now, what if they do not have an Enforceable Agreement? What if they never had one?

 

Do you still want to pay 21k, or even a part of that?

 

Unlawful Charges

 

If any of the 21k is made up of Late Fees, Over-Limit Fees etc, then you will want that taken off the Balance no matter what! Likewise, if those Charges pushed you over the edge, and then they raised your Interest Rate, you can also argue that the later Rates were Penalty Rates the MBNA caused themselves. You may have a case to have that Interest refunded too and/or taken off the Balance.

 

s78(1) Request Consumer Credit Act 1974

 

I'd press straight on and send them the above, you need to do this via Special Delivery, pay the £1 Statutory Fee, and then wait the 12+2 Working Days to see what they come up with.

 

You need Letter N here:

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Subject Access Request

 

However, to cover all angles, I would also advise sending them a Data Protection Act 1998 SAR. That costs £10, and they have 40 Calendar Days to respond. Ask for everything. Here's where that Letter lives:

 

1. Data Protection Act, Subject Access Request letter - List of charges

 

Harassment Warning and No Visitors

 

Given the fact that they will almost certainly start Calling you and sending you silly Postcards saying a Debt Collector will come knocking soon, I'd also send them the Telephone Harassment Letter and remove any implied Right to visit you at your home, here you go:

 

Harassment by telephone - response letter

 

The Text to get them not to visit is below, edit as needed:

 

In the event that you intend to escalate the above Harassment to include Doorstep calls by your Employees or your Agents, please be advised that under OFT Rules, you can only visit me at my home if you make an appointment and I have absolutely no wish to make an appointment with you. There is no need, as Written Communication is quite acceptable in Law.

 

Please note, there is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for your Employees or Agents or Representatives to visit me at my property and, if any of the above does so, your Company will be liable to Damages for a Tort of Trespass and Civil Action will be taken.

 

Police Application

 

I can't see a problem if you go ahead and engage the MBNA using your Statutory Rights. If the MBNA fail to come up with an Enforceable Agreement, and you tell the Police that you have a formal legal Dispute with a Credit Card Company, that is highly likely to be accepted at face value. In this banking crisis we now find ourselves, I suspect the Police will know all too well this will be a common issue.

 

You are not admitting to a Credit problem, you are simply advising them that you are Disputing excessive bank Charges.

 

I do hope this helps.

 

Cheers,

BRW

Edited October 14, 2008 by banker_rhymes_with
Can't Spell or Type! +Correction in Green.

[Mr Happy]

Thanks for your help.

 

I have the SAR and CCA ready to be posted, what is the best way to pay I have a new bank account and my A+L one is over overdraft, MBNA do not know about my Natwest account and I prefer to keep it that way as long as possible.

 

Is postal order best or would a check from my Natwest be more appropriate, we are currently strugling to pay my sons dinner money for school at the moment and the council have dumped on us as well any cash we get doesnt stay around for long.

 

Are there any banks that are not blood sucking vultures?

[banker_rhymes_with]

Hello Pi-stoff!

 

what is the best way to pay

 

Always best to use Postal Orders, as then you do not send them a nice crisp copy of your Signature...one that might just appear again later on an older Microfiche copy of an Agreement.

 

If this ends up sold to a DCA, you don't want to hand them anything they can use to their advantage, if you get my drift.

 

Print and do not Sign the CCA and S.A.R - (Subject Access Request) Letters.

 

If they really want a Signature, then change it so that you can spot it again later, and keep a Copy to prove what you sent.

 

You can also make it harder to copy by overlaying it over a grid something, i.e.

 

Pi-Stoff Pi-Stoff Pi-Stoff Pi-Stoff

Pi-Stoff Pi-Stoff Pi-Stoff Pi-Stoff

Pi-Stoff Pi-Stoff Pi-Stoff Pi-Stoff

Pi-Stoff Pi-Stoff Pi-Stoff Pi-Stoff

 

Sign over that in an ink that is close, and that will make it harder for an enterprising Photoshop wizard to extract it.

 

Are there any banks that are not blood sucking vultures?

 

No!

 

But the best of a bad lot is probably someone like the Co-Op who at least pretend to have some ethics.

 

Cheers,

BRW

[Mr Happy]

I have received a phone call and I declined the early settlement offer, I gave them permission to call me this time.

 

I mentioned the information given here that although they stated that they will not chase me for payment of the remainder of the debt that they could sell the debt on for someone else to chase, I said this in a way to see if they denied it, they did not deny it and started mentioning selling the debt on and that I will need to settle the debt and being a home owner if they sell it on to another debt collection agency they may not give such a generous offer, I think they understand now that I am not a mug and will be taking everything they say into consideration so they need to watch their wording.

 

I have agreed in principle to pay a £1 token payment to buy a little peace time and they are sending me giro slips to pay it, is it a good idea to pay it, the chances are I wont have the finances to pay it all the time but if it gives me time to sort out some cash for my CCA and SAR it might be beneficial, I think they will be happy to accept the payment because it gives more time to sting me for interest.

[Mr Happy]

Could I just bump this, is it a good idea to try and pay that £1 token payment?

[AA99]

Hi there!

 

The impression I have got from various other threads is that a token payment can be seen in your favour by the courts as you are endeavouring to not simply avoid the debt. However, I have not continued to pay anything to them as they have totally ignored my Hardship letter with an I & E Form, ignored my telephone/calling card harrassment letter and ignored my CCA request, and are continuing to add interest and charges every month which has taken me up to a minimum monthly payment of about £300 p.m. on each of the 3 credit cards they took over, with interest rates of 30%.

 

I personally wouldn't bother with the token payment until you get some satisfactory answers and solutions in writing.

[citizenB]

I think quite a few peeps continue to pay the token/reduced payments until they see what kind of paperwork the OC has. If they dont have the correct paperwork, it is up to you to renegotiate a sum you can afford to repay monthly or perhaps a VERY reduced full and final settlement.

[Mr Happy]

I have been receiving a lot of telephone calls from a company, I believe their call centre is in India because they all have Asian accents, they constantly offer this new legislation brought out by the government (IVA I guess, can it still be called new after 20 years?) to help clear my unsecured loans.

 

The telephone number they come from according to 1471 is, 02030043198, using a tool on the internet it is reported to belong to poss. EGG Collections.

 

They always ask for me by name and call me up to 3 times a day sometimes everyday I find it a coincidence that they are a debt type company, ringing me randomly regularly as if they know I have debts, I have really only got problems with MBNA, I find it hard to believe its random unless they look on the credit reference agencies.

 

Has anyone with debt with MBNA had this problem from the same people?

[PGH7447]

report them to BT, looking at the web you are one of hundreds to get this treatment from these cretins

 

02030043198 - who calls me?

[Mr Happy]

Now the fun starts, bailiffs for my council tax arrears and a court claim form from MBNA.

 

By Restons Solicitors Limited

On behalf of MBNA.

 

What do I do first please any help.

 

I have been choosing to feed my son as opposed to get the SAR and the like, I guess I need to do that now, at least with the court claim I can stop getting hammered on interest (or can I).

[PGH7447]

where is the court claim from can you scan it up

 

 

The bailiff stuff, you would be better starting a new thread in the bailiffs forum, get expert advice then

[Mr Happy]

The court is County Court Bulk Centre in Northampton, its a money claim online thingy, I will try to scan it but my last attempt just turned it into a thumbnail size.

 

I have put a post on the Bailiff forum , just mentioned it here because everything comes at the same time, I have some unopened business correspondence as well from companies house and HMCE, will take a look when I get this bit sorted.

[PGH7447]

did you get the agreement from MBNA after you cca'd them?

[Mr Happy]

I haven't done that yet, am I too late?

 

I do not have enough money for food £10 is a fortune at the moment.

I feel like such a failure.

[PGH7447]

CCA request is £1

[Mr Happy]

CCA request is £1

 

 

I count coppers at lidl to buy bread, 30p a loaf btw, thats 3 days meals for a £1.

 

Sorry its the SAR thats £10 I will get the £1 for CCA from somewhere but I have 15 days to respond to the court I believe the CCA takes 14 is that correct?

[PGH7447]

correct, hopefully someone on here with experience of court cases can advise

[Mr Happy]

Is there anyway I can change the title so its more appropriate for the current situation or should I start a new thread?.

[citizenB]

Next time you post.. you will be able to change the title in the Title box.

[Mr Happy]

Just a little bump here.

 

Please any advice for the changed circumstance.

 

CCA goes off today, I will ask for more time to form a defence or counter claim, any advice for the information to give the courts and do i go for counter claim or just defence.