Very strange behaviour from MBNA

[underdog13]

Yes, but it is ambiguous; and financial documents should be exact, shouldn't they?

[Coactum]

I understood your point but was not too sure a court would agree it matters were to end up there.

[griffin036]

Coactum have a read of this relevant post:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/191353-what-if-judge-asks-11.html#post2172239

[Hussy786]

Hi All

 

MBNA called me and usualy threats and when i saidto them that i have requested a copy of CCA and you have not sent me first he said we have not received such request. after a while he goes oh here it is. We have 21 days to reply and we have received it on 20th July (capital one has already written to me that they cannot find my account). then he says we will send you the copy on 31 august when deadline expires so (20 th july to 31 July...21 days? ) well then he kept on the debits wouldnt o away and was pushy that i should enter on payment plan etc.he said i am 4 months behind and after 2 months they will pass it on DCA etc.

He was assertive and pushy but sounded like he is bluffing?

Any advice what should I do?

If I enter into some agreemnt plan then they will be laughing?

I need urgent advice.

I offered him that i will make a token payment of £10 but shall i pay ?

Same sort of discussion with Crap 1 this morning as well.

Please people help me as i need help

Thanks in advance

[Coactum]

Thanks griffin036 I’ve read your referred page with interest.

 

Now Hussy 786, where do I begin. Well firstly I am in a mess at the moment and have not succeeded in getting any further forward in my debt management and so feel ill equipped to advise you. That said so far as I am aware they have 12 working days plus 2 for posting to respond to your cca request not 21. Secondly, if they have gone beyond that time then in the absence of a valid CCA you might reasonably deem that the account is in dispute and cease payment.

 

What you have to realise within most of these collection departments is that there are several tiers and all that they want is to extract payment from you one way or another. If they get payment in full and all arrears cleared up great, they get a big bonus and you go back to normal. If they get a payment plan from you on some reduced amount they can pass you back down the line to a junior member. However, if you do not pay they pass it up to the more experienced negotiators.

 

By making a payment a payment some will say you are admitting the debt and that this is wrong, others will tell you that you are showing willing. Each I’m sure is relevant in different cases. You must decide what is appropriate for you.

[Hussy786]

Hi Coatcum

 

Thanks For valuable advice and am so grateful . Well to be honest My indispensible income is (-) negative figure and if they dont have any legal position to pursue they can K**** my A*** hahah

I am only scared if someone falls back on me so badly that i could not cope,

If i have sources or could pay them I would but they keep putting negative marks in my credit file, charging me hefty interest late fees still to mount up the debit.

I honestly belive that the amount i actually have borrowed from them I already have paid them ages ago (if you minus their stupid charges and 34.5% interest) .

So Morally they are wrong as well because i wrote them a letter requesting the honest figure of outstanding debit and they never replied to me.

any advise will be much appreciated

and once again thank you for eye opening guidance.

[Coactum]

Inability to pay is also what started me off. I tried to make arrangements with them but they simply do not understand that nothing can be paid despite sending me OFT fair dealing guidelines.

 

I sent them a financial breakdown showing that there was nothing left and telling them that I hoped that such a situation would not be prolonged and asked them to accept even a token £5 per month payment until I was back on my feet but they took that as a sign of weakness and pestered the life out of me to get more. They would say things like “that is not enough, the minimum I can accept is £120 per month” and so on. As matters got worse the amount fell and settled at circa £67 but as this was impossible I ended up paying nothing hence the defaults.

[Hussy786]

Hi Coatcum

 

I am at the stage where you were . I exactly even begged them but they are admant to pass me on to Driscle brothers.

What is the situation with you at the moment.

Please stay in touch as i need your help to deal with them in future.

Best Regards

[Coactum]

My refusal to discuss anything with any of their call centre eventually resulted in fewer calls but it took a long time and persistence on my part not to get drawn in. At times I tried to wind them up but quickly found that this merely resulted in an increase in calls so it was better to simply stand my ground, refuse to talk and insist they write.

 

I can tell you that other than the deluge of standard letters they send they will rarely reply to any letter you send and when they do acknowledge your letter it will invariably be followed by some drivel that bears no relevance to your question.

 

One other thing I have learnt is that because calls are generated via a machine it is predicted that by the time you answer they will have an operative available to take your call. I work from home and the phone is only an arm’s reach away and so I can usually answer within a few rings. This usually results is a silent call because i have answered before the machine has time to find an available person and so it hangs up. Now I understand that offcom monitor the number of silent calls made and so no company wants that ratio to be too high. As such by answering quickly they seem to try and call less frequently.

[Hussy786]

Hi Coactum

 

Thank you so much I am saving your advise which is really helpful. I usually at work dont pick the phone (They still have my old home number which allocated to someone else as I changed it 2 years ago (Feel sorry for the poor sod who got that number) they usually ring me on my mobile) If they find me free on mobile or I want to answer they ask my name I confirm and then refuse to answer postcode dob? etc I refuse to answer

(As I am typing to you I receive a text from 0800 number asking me to contact them as soon as possible)

At the moment I even refusing token payments arguing that I may not owe you money show me the contract lol

Am I right not to pay them penny in current situation?

Tomorrow I am posting Them account in dispute letter .

Thank you so much

[Coactum]

Untill you formelly tell them you believe that you have a valid dispute then I would continue to pay. After you have told them on the dispute you can cease payment until the dispute is resolved.

[Hussy786]

I am sending them a letter tomorrow and when i offer them £10 token payment in the past they would ring me every week for payment and said token payment is not monthly you can pay them as many time as you like

 

Asthey breaking the law by not supplying CCA in time and still putting fees and charges on my account i should not care less lol

[Coactum]

Let's just back track here a little. If I recall correctly more that 14 days ago you sent them a CCA request and so far they have failed to respond. Is that correct? If so, then you can cease payment now and send them a letter stating why you have suspended payment and place your account into dispute.

[Hussy786]

Yes you are absolutely Right. I send them CCA request on 10.07.09.

I am planning to send them account in dispute letter tomorrow by recorded mail.

When you think is appropriate to send them subject access request?

Thank you for your continued help.

Really appreciate

[AA99]

ONLY 50 signatures on the No.10 petition so far - COME ON PEOPLE

 

Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

 

Please check your Spam folder to acknowledge the email receipt so your signature actually shows on the petition, thank you

[Coactum]

I was one of the first to sign up although I did have problems with the confirmation email and in the end had to use a different email account. So, as AA99 says check your spam folder for the confirmation and click to confirm of your name will never get added.

[Coactum]

Just had an email from MBNA outlining changes to my card the will take effect from 26th October 2006.

 

Are they really unaware that they dave already withdrawn my card and defaulted my account?

[Hussy786]

Hi

That is what I received by email today

 

 

We are writing to inform you of changes to your credit card account's terms and conditions.

 

Please see the attachment "Important changes to your MBNA credit card terms and conditions" for details of changes to your account. These changes will take effect during October 2009 and will supersede any other information that you might receive from us between now and then. Please read this carefully and keep for your future reference.

 

We will continue to provide you with our free services and benefits, some of these are listed below:

• View your PIN and manage your account securely online at www.mbna.co.uk.
  
• You can shop with confidence on the high street and online as you are covered against any fraudulent transactions. Just let us know as soon as you realise your card is missing or if you notice any unusual activity on the account.
  
• Your MBNA credit card is the perfect companion for holidays abroad as it is accepted in most countries throughout the world. For up-to-date information or advice on using your credit card or to withdraw cash overseas, you can ring us 24 hours a day on the Freephone number shown on the reverse of your MBNA card.
  
• You can share the benefits with up to three additional cardholders* on your account.
  

 

NB If your credit card has been re-issued recently the number shown at the top of this email will be your previous card number, but we can assure you that both numbers refer to your account. If you have recently closed your account and have no outstanding balance please ignore these changes.

[Coactum]

Has anyone heard of Experto Credite. They have written to me today representing Varde Investments (Ireland) Limited who claim to have bought my disputed account and confirm that it has been defaulted.

 

I plan to reply denying the debt because the reference number used does not tie up with my card and as mentioned on this thread is in dispute. However, I'd like to hear from others who have had past dealings with these folks.

[Deb T]

Has anyone heard of Experto Credite. They have written to me today representing Varde Investments (Ireland) Limited who claim to have bought my disputed account and confirm that it has been defaulted.

 

I plan to reply denying the debt because the reference number used does not tie up with my card and as mentioned on this thread is in dispute. However, I'd like to hear from others who have had past dealings with these folks.

 

Well there website and it's directors have an illustrious past with former employers such as Aktiv Capital, Ruthbridge, Capquest

 

Experto Credite | Bespoke debt collection services | Meet the directors

[griffin036]

Has anyone heard of Experto Credite. They have written to me today representing Varde Investments (Ireland) Limited who claim to have bought my disputed account and confirm that it has been defaulted.

 

I plan to reply denying the debt because the reference number used does not tie up with my card and as mentioned on this thread is in dispute. However, I'd like to hear from others who have had past dealings with these folks.

 

Same here, just found out they have taken over one of mine and have given it a different a/c no., fortunately the amount outstanding leads me to identify it. Will send them a CCA request, if MBNA couldnt find one I wonder what they will come up with. LOL!

[Hussy786]

Hi

I received this by email from MBNA what should I do?

 

Please contact me on 01244 673 052.

Alternatively, to enable us to comply with the Data Protection Act, and before we can discuss any personal information over e-mail; we require confirmation that you are happy for us to do so. Upon receipt of a reply to this email consenting to this, we will be able to process your requests both now and in the future.

Regards

Enda Tully

I am planning to Ignore it as I do not talk to them over the phone and they ignoring my CCA request and issing me default letetrs every week.

What you all advise please?

[Deb T]

Tell them to font off!!

[Hussy786]

LOl excellently put

like that

[Coactum]

Thanks for the link Deb T. I notice on page Experto Credite | Bespoke debt collection services | Recruitment that they are recruiting. Perhaps some caggres should apply I'm sure we have the skills they seek and it could give us all a laugh