All MBNA Caggers Fight Against MBNA's underhand tactics

[vint1954]

NEWBIE DN & Partial Settlement Advice - Please Help!

 

Have 2 MBNA Cards in defult since Dec08. Was making late minimum payments Apr08 to Dec08 though I've been unemployed (victim of ageism ...). Received 2 Default Notices Jul09 and Partial Settlement letter dated couple days earlier. I need guidance PLEASE from you all on any/all of the question below, preferably based on recent experience with MBNA:

 

Please see below, however:

 

Q1. Any truth in media ads suggesting all debts and charges on CCA before Apr 2007 can be written off? What's been your experience with MBNA? How long does this process take? My A&L Card dates back from 2003 (MUG).

 

Not quite that simple but advice will follow.

 

Partial Settlement covers total of both card balances as at Jul07. These balances are way over Credit Limits because Highway Robbers have been slapping CRIMINAL interest each month since late 08, plus Late Default Sum and Over Limit Default Sum.

 

Partial Settlement offer equates to 30% to pay of these Inflated Balances. They will register remainder of Inflated Balances, ie. 70%, with CRA's. They say they "MBNA will not pursue the matter any further".

 

MBNA wont, but with a short settlement, this will be sold to a DCA, who will persue for the ballance.

 

Q2. What are my chances to get them to base partial settlement on Balances as at Dec08?

 

Q3. Am I likely to be able to negotiate a better offer?

 

Not that I can afford to pay the 30% within 60 days from my JSA! I trust my Friend (just one ... sad!) & Family will continue to support until I can start earning my own salary again.

 

Start a new MBNA thread.

 

Q4. I think my balances have been "Charged Off" Jun08. What does that mean in terms of my ability to negotiate, e.g. winding the clock back to Dec08 balances?

 

Charged off by MBNA against Tax

 

Q5. Any of you had luck getting through to 'Customer Assistance' on 01244 674515 (No. given on my Partial Settlement Letter)? My calls keep going to voicemail !!??

 

Never call them. Always in writing

 

 

You will need to start a thread of your own, then others can find it easier.

[vint1954]

thats what i do vint

 

no one has paid one yet but......... lets wait until court

You never can tell

[diddydicky]

You never can tell

 

i am an eternal optimist

 

a glass half full with liquid is overflowing to my mind!¬!

[vint1954]

i am an eternal optimist

 

a glass half full with liquid is overflowing to my mind!¬!

A good G&T should never be allowed to get as low as half full:lol:

[underdog13]

A good G&T should never be allowed to get as low as half full:lol:

 

Amen to that Vint:D

[vint1954]

How many Heads of Customer Assitance do this lot have. Another one on the scene today.

[James007Bond]

You will need to start a thread of your own, then others can find it easier.

 

Thank you diddydicky and & vint1954 for your quick responses.

 

New thread:

 

All MBNA Default Notice & Partial Settlement Matters

 

I look forward to more guidance ...

[James007Bond]

If you are unsure of whether they got the letter, etc and you did not send a payment, start over again to make sure. They have to respond in 12+2 days anyway. Send a postal order for one pound with this letter (do not use cheques or use your real signature, they have been know to cut and paste signatures onto CCAs, so use something obviously different to you usual signature):

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxx

YOUR REF: xxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

For the sake of clarity, may I also draw your attention to the following:

Consumer Credit Act 1974 s.175

Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

1. True copy of original signed executed credit agreement

2. FULL Statement of account

3. Copy of the executed deed of assignment from (original creditor) and (DCA)

4. A fair processing notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

I look forward to hearing from you within the statutory time limit.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Hi Alis

 

Thank you for your detailed posts, some of which I have browsed.

I am a Newbie in serious debt. I wonder can you give me further specific guidance :

 

- Can I request CCA on my Egg Card and follow through process you have outlined here if I have not maintained minimum payments for many months?

 

- I have this week received demand for payment from 3rd Party: Fredrickson International Ltd, Debt Collection Service. Anyone have experience of these guys?

 

- I have not been able to use their online service because they disabled my online access after couple of missed payments. I think they had been charging me PPI. How does this affect my situation?

 

I have also more issues and questions under New Thread "All MBNA Default Notice & Partial Settlement " if anyone can HELP PLEASE

[angmarie]

Amen to that Vint:D

Hi DD or anyone with time to spare please

 

Have just received post envelope marked MBNA, opened it expecting it to be pay up or else letter but no it was the response to 1 out of 2 MBNA cca i requested for hubby. At first I opened it up and saw his signature bottom right hand we both said oh nooooooo I was in shock, he went pale then I said lets sit down look at it properly.

 

OK we have calmed down now, it is priority application form came in post 1997, MBNA Silver card. It does say under application form credit agreement regulated by the consumer credit act 1974.

Attached by staple on another sheet is terms and conditions of use. It is in tiny tiny writing we have no chance of reading it properly.

 

Shall we scan and put on here omitting all personels would someone take a look for me.

 

I wonder why they sent one and not the other:rolleyes:.

 

Ang

[the main man]

Hi DD or anyone with time to spare please

 

Have just received post envelope marked MBNA, opened it expecting it to be pay up or else letter but no it was the response to 1 out of 2 MBNA cca i requested for hubby. At first I opened it up and saw his signature bottom right hand we both said oh nooooooo I was in shock, he went pale then I said lets sit down look at it properly.

 

OK we have calmed down now, it is priority application form came in post 1997, MBNA Silver card. It does say under application form credit agreement regulated by the consumer credit act 1974.

Attached by staple on another sheet is terms and conditions of use. It is in tiny tiny writing we have no chance of reading it properly.

 

Shall we scan and put on here omitting all personels would someone take a look for me.

 

I wonder why they sent one and not the other:rolleyes:.

 

Ang

 

Have you tried looking through the library of agreements to see if there is one similar to yours?

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

If not scan up minus personal details and I'm sure someone will advise further:-)

[vint1954]

Hi DD or anyone with time to spare please

 

Have just received post envelope marked MBNA, opened it expecting it to be pay up or else letter but no it was the response to 1 out of 2 MBNA cca i requested for hubby. At first I opened it up and saw his signature bottom right hand we both said oh nooooooo I was in shock, he went pale then I said lets sit down look at it properly.

 

OK we have calmed down now, it is priority application form came in post 1997, MBNA Silver card. It does say under application form credit agreement regulated by the consumer credit act 1974.

Attached by staple on another sheet is terms and conditions of use. It is in tiny tiny writing we have no chance of reading it properly.

 

Shall we scan and put on here omitting all personels would someone take a look for me.

 

I wonder why they sent one and not the other:rolleyes:.

 

Ang

There are lots of agreements in the library that you can check it against.

 

If you want to scan it to your own thread and post the link here, that will be the best option.

[vint1954]

I wonder why they sent one and not the other:rolleyes:.

 

Ang

No reason, perhaps that one was easy to find, or it's the only one they have

[diddydicky]

Hi DD or anyone with time to spare please

 

Have just received post envelope marked MBNA, opened it expecting it to be pay up or else letter but no it was the response to 1 out of 2 MBNA cca i requested for hubby. At first I opened it up and saw his signature bottom right hand we both said oh nooooooo I was in shock, he went pale then I said lets sit down look at it properly.

 

OK we have calmed down now, it is priority application form came in post 1997, MBNA Silver card. It does say under application form credit agreement regulated by the consumer credit act 1974.

Attached by staple on another sheet is terms and conditions of use. It is in tiny tiny writing we have no chance of reading it properly.

 

Shall we scan and put on here omitting all personels would someone take a look for me.

 

I wonder why they sent one and not the other:rolleyes:.

 

Ang

 

lets hope that the sheet "attached by staple" contains the prescribed terms then!!

[lexis200]

How many Heads of Customer Assitance do this lot have. Another one on the scene today.

 

If you click on my name and search my threads I've got one detailing the Heads of Customer Service actual job titles.

 

After 6 or 7 ranty letters to all and sundry at MBNA including (one of??) the VP I had a letter back from her giving the titles. Utter boll*** in the letter (similar to 'we find this the best way to treat our moron customers who couldn't possibly work out who was who if we told you all the different names'), but she did give 5 or 6 alternative titles.

 

Then I got a letter from a new Head of Customer Assistance about 2 weeks after:rolleyes:

[vint1954]

If you click on my name and search my threads I've got one detailing the Heads of Customer Service actual job titles.

 

After 6 or 7 ranty letters to all and sundry at MBNA including (one of??) the VP I had a letter back from her giving the titles. Utter boll*** in the letter (similar to 'we find this the best way to treat our moron customers who couldn't possibly work out who was who if we told you all the different names'), but she did give 5 or 6 alternative titles.

 

Then I got a letter from a new Head of Customer Assistance about 2 weeks after:rolleyes:

Martin Supple not listed there then.

[lexis200]

That was probably my new one - I can't actually remember them all now:rolleyes:

[angmarie]

Hi

 

Had a look through cca template library nothing exactly like mine, can any one help me how do I post it on here. I have scanned it to my photo album on computer how do I get it here from there please any help appreciated.

 

 

Thanks

 

Ang

[joemay]

Hi

 

Had a look through cca template library nothing exactly like mine, can any one help me how do I post it on here. I have scanned it to my photo album on computer how do I get it here from there please any help appreciated.

 

 

Thanks

 

Ang

 

Hi ang,

 

you can use Image hosting, free photo sharing & video sharing at Photobucket to post. Start your own thread and post the link here so others can take a look.

 

Good luck:)

[James007Bond]

Hi

 

Had a look through cca template library nothing exactly like mine, can any one help me how do I post it on here. I have scanned it to my photo album on computer how do I get it here from there please any help appreciated.

 

 

Thanks

 

Ang

 

Hey Angmarie, I just looked at Joemay's advise and all may be fine there in case excuse this comment:

 

If you have just scanned you documents they the image will have your Name & Address and Other Private Details. You Must Not Post these detail on this or Any Other site where there is open Access.

Your Scanning Software if recent should have an OCR - Optical Character Recognition button/faccility. This will convert all you scanned text into wordproccessing text. You can use this in any WP package to delete or Overwrite any Private Information.

 

I of course don't know if the site Joemay provided link to has OCR type facilities to help protect your personal information

[pompeyfaith]

Easier to use photobucket then use the drawing tools (rubber) to scrub out any personal details then just save again.

 

PF

[citizenB]

I wish i could re assure all you guys out there who have this (understandable) fear of someone coming to the house because the reality is (not that they appear all that often) is that it is a total non event

 

he /she says hello

 

you say who are you

 

they say who they are

 

you say (as you are closing the door) please leave You were not invited and are now trespassing

 

they will NOT threaten you

 

They will NOt force their way into your house

 

they will JUST try to get you into a conversation (difficult if you closed the door)

 

If they hang around- just phone the police

 

they really do not have ANY POWER whatsoever other than to try and engage you in conversation

 

This is good information from DD. These people have NO powers whatsoever. They must leave your property if asked.

 

You'd think wouldn't you:mad:

 

Have a look at Pinky69's thread (you'll have to search the name and find the threads they've started from their id page) about the defaults they're trying to get removed. It's a complete nightmare.

 

It is possible, but it's seriously hard work from what I've read.

 

Car2403 threads are also a good source of information regarding the removal of defaults:D

 

I think I saw UD had already posted details of the Dispatches programme that is being shown tomorrow, Monday, 20th July on Channel 4 at 8pm. Just posting a reminder that it is on.

[angmarie]

Hi all

 

Im really struggling to post MBNA cca cant see any option on here to attach from photo file, please help as I need to know where we stand on this.

 

 

Ang

[angmarie]

Hey Angmarie, I just looked at Joemay's advise and all may be fine there in case excuse this comment:

 

If you have just scanned you documents they the image will have your Name & Address and Other Private Details. You Must Not Post these detail on this or Any Other site where there is open Access.

Your Scanning Software if recent should have an OCR - Optical Character Recognition button/faccility. This will convert all you scanned text into wordproccessing text. You can use this in any WP package to delete or Overwrite any Private Information.

 

I of course don't know if the site Joemay provided link to has OCR type facilities to help protect your personal information

 

Hi James

 

I have taken all personnel info out, thanks

 

Ang

[angmarie]

Hi all

 

Can some one take a look at this for me please.

 

 

 

 

 

 

ang

[angmarie]

Hi all

 

Im sorry if this is not correct way to post info, im still learning and not as quick as i hoped:mad:.

 

 

 

Ang