MBNA cant currently comply with CCA, what now?

[Dotty50]

Oh minmoo, what a wonderful call!

 

Have you got it recorded?

[victoria_siempre]

Hi minmoo

 

This reads like conversations I've had with Aegis, except I never claim to be the pope as I'm not infallible.

 

Part of my extant complaint to MBNA was:

 

"National Debtline have also advised me not to discuss this matter on the telephone and not to disclose any account security details with callers. For your information, I have received correspondence from Aegis Ltd of Mumbai on September 2 2010(with no correspondence address) and telephone messages (which I have logged) which appear to be in breach of Office of Fair Trading guidelines; they purport to be acting on your behalf. I should be grateful if you would confirm that they are indeed acting as you agents so as to help me in reporting the correct company to the UK regulatory authorities."

 

love

 

vic

Edited January 7, 2011 by victoria_siempre
duplicate para

[minmoo]

It was wrong in hindsight and i really should know better. I would never abuse them as my wife used to work at a call centre and its just a job. Its not their fault and they dont deserve the verbals. I didnt record it as i wasnt expecting to take calls but i really need to sort out some software for my mobile just in case.

At the end of the day i really would like to discuss things with someone, trouble is, i know that the people that make these calls are at the bottom of the food chain and will only be trying to extract money and wont be interested in a proper solution.

I am at a bit of a crossroads really, i am in a position whereby at the end of the month i could make minimum payments again but i dont know how i would catch up with the arrears. Unless they are willing to be reasonable in light of them admitting they cant currently supply a cca (which i doubt) they may give me no alternative but to be awkward. The only reason i have for getting back on track is so that i would still have a chance to get a new mortgage deal when mine runs out at the end of the year. Beyond that i dont care about my credit rating.

I am perhaps naively hoping that they will reply to my in dispute letter and allow me to deal with someone with some common sense. Perhaps even turn the debt into some sort of loan wherby i could pay it off within four or five years or even offer a F&F. Not sure where all this optimism will get me lol.

 

Christ i dont half waffle sometimes

[minmoo]

Hi minmoo

 

This reads like conversations I've had with Aegis, except I never claim to be the pope as I'm not infallible.

 

Part of my extant complaint to MBNA was:

 

"National Debtline have also advised me not to discuss this matter on the telephone and not to disclose any account security details with callers. For your information, I have received correspondence from Aegis Ltd of Mumbai on September 2 2010(with no correspondence address) and telephone messages (which I have logged) which appear to be in breach of Office of Fair Trading guidelines; they purport to be acting on your behalf. I should be grateful if you would confirm that they are indeed acting as you agents so as to help me in reporting the correct company to the UK regulatory authorities."

 

love

 

vic

 

Vic, in amongst the chitter chatter i asked him directly if he work for mbna or on behalf of mbna. He categorically said he worked 'for' mbna. Of course, being in India you worry about your details being at risk somehow.

[Dotty50]

Hi minmoo,

 

If you are looking to negotiate a new mortgage deal in the future, you will need a squeaky clean credit file or you will struggle as lenders are so strict now (gone from one extreme to the other!)

 

If you can make the minimum payments from now on, then that may help, but shouldn't the minimum amount include any overdue payments?

[minmoo]

Thats the thing dotty, i have a feeling that even being late with payments here and there would probably rule me out of any good deals. Its tough to know what to do sometime. If they had only been more understanding at the begining when i asked for three months lower payments so i could cover my wife losing her job i would never have requested a cca. I would now be happily catching up and continuing as normal, ie: paying the interest and barely lowering the debt lol.

 

Oh well, it will all come out in the wash ;-)

[victoria_siempre]

Hi minmoo

 

seperate the 2 issues:

 

1. remortgage: you can do this now if it's feasible, if it's not then it's not.

 

2. MBNA are totally unreasonable. They will only budge when they believe you cannot pay because you do not pay. I have 1 account at £1 pm all frozen but no formal agreement and a second ac still charging £24 penalty charges + interest.

 

x

 

v

[minmoo]

You make a good point there Vic (as usual). I tend to lump the issues together due to the obvious links. But like you say, i could always try to get a new deal now. I hadnt considered that at all. My mind was set on when the current one finishes. I will get in touch and try to sort it out. If i end up getting refused at this point then at least i need not worry about it in 8 months time lol and then i can just fight the good fight with mbna regardless.

[minmoo]

Okay, in light of me perhaps trying to retain a half decent credit report so i can get a fresh long term mortgage deal later this year (apparently may is the earliest i can apply) i thought i would try to talk to the next person that phoned.

 

So i just answered a call, told them i didnt have any money until the endo fo the month but would like to catch up as a gesture of goodwill even thought the account is in dispute. She said could i pay either a pound or even a penny now as this would prevent a negative on my credit status. I said i would be willing but not by debit card only standing order which she eventually agreed on.

 

Then she goes on to say she could pass me to a company who could give me a loan who would pay the card off. I said no thanks, i dont want a secured loan and she said, no, it is an unsecured loan. I got her to repeat it a couple more times. She said, just speak to them and if it isnt agreeable then they would call me back and we could discuss terms for me to catch up. But, any agreement would have a negative impact on my credit report!!

 

So, i spoke to the bloke she passed me to but in the back of my mind i had the golden rule going around that you shouldnt borrow more to pay off existing debts. We eventually got cut off (bad reception) so i never heard the full deal but he did state this was definitely unsecured. The company was called 'APPROVALS' i think. Does anyone have experience of them?

 

My question is, is this a change of tack for MBNA? They dont appear to have a CCA so are they trying to get rid of me? Has this been offered to anyone else?

 

Not sure what to do now, token payments or not, it will stuff my rating. Shame really, i only need to last until May

 

I would also add that the woman i spoke to was actually very pleasant and listened!!! (although it wont get me anywhere i guess)

Edited January 8, 2011 by minmoo

[Dotty50]

They should not encourage further lending!

 

As far as your mortgage is concerned, if you are in a deal now, there are probably penalties for early redemption.

 

Your provider could approve a new deal for you in May and the offer would be based on your credit file at that time, but if you don't complete until the expiry of the existing deal and they check your file prior to completion, this could possibly create a problem if your file shows further problems since the offer was issued.

 

Offers are made subject to certain conditions and if they have any doubt, the offer could be rescinded.

[victoria_siempre]

Hi minmoo

 

1. MBNA cannot be trusted.

 

2. The only change of tack by them is the recent knuckle rap from OFT

 

"

The OFT found that the company was not being sufficiently clear when communicating with customers in financial difficulty who were offering token payments, and was in some cases failing to follow its own policy or procedures by bypassing customers' appointed representatives.

MBNA has cooperated fully during the investigation and is in the process of addressing the issues. As a result of the requirements, which take effect on 1 January 2011, MBNA must:

 

• make it clearer in letters sent to customers in financial difficulty that it will accept the repayment amount they have demonstrated they can afford to pay, and http://www.oft.gov.uk/news-and-updates/press/2010/136-10
  

But this won't stop them issuing a default on your credit file.

 

3. If you can remortgage now, even with a penalty, it might be worth taking that hit; you need to do the sums.

 

4. If you can't keep all the balls in the air until you re-mortgage, then that is the sad reality; if you can then it might be worth playing along in whatever way possible, but I think we would all counsel against taking out a further loan with MBNA's Cosa Nostra associates.

 

love in whatever you decide

 

vic

[minmoo]

Thanks everyone for your input it really is appreciated and the best way to learn. Like you say vic, its all about juggling things but i dont believe it would be possible to set up a new mortgage in such a short space of time so i will have to grin and bear whatever comes my way

 

I dont understand why they wanted penny payments though, is there a reason for that? To prolong any SB? For an admission to the debt? They said any arrangement i make to clear arrears would still result in negative credit reporting so where is the incentive? I could be a funny bu88er and pay nothing until they produce a CA and save the money in the process ready for a potential F&F.

 

So many different paths to consider lol.

 

I guess i should now be ignoring phone calls until they answer my dispute letter?

[leopard lady]

Well I'm on 6 calls today so far, and have sent them a formal complaint letter refering to he OFT directive over a week ago, recorded. It appears not to matter to them what the OFT say, they're going to do as they please!!! Its just a bloody pain not knowing whether I can safey answer my phone. The mobiles ok, you can see who it is and ignore it. I'm thinking of changing my landline number.

[minmoo]

Hi LL, they must love you! I am only getting either 2 or three at the moment. Sometimes i answer and say it is in dispute, letter only but i mostly dont answer. They only have my mobile. Changing your landline is a good idea if it wont affect you to much, better get ex-directory too

 

I have only had one letter myself reminding me that i am late, have you had many? I expected more although i have no doubt it will come!

[leopard lady]

I get one every month telling me how much my arrears are and telling me the interest added. This is the point that I reallise that the arrangements they are agreeing to on the phone are all a pack of lies. However this is the 3rd month I have not paid in full so I think the poop might hit the fan.

They have not responded to my formal complaint letter so I will send my arranged payment (lol) and reitterate my complaint and give them a week to respond then I'm going to send copies of all letters to the OFT to complain. I have been trying since the beginning of November to make an arrangement to pay but they don't want to know. I have never had an actual response to any of my letters.

[minmoo]

We are very close in terms of monies missed then.It will be interesting to see how there games differ between the two of us. They have had a nibble at my credit file so now that is out of the way, stuff them. I figure i will have to sit tight until i near default to maybe make an offer or even until its in the hands of a dca. Who knows, its a game of mystery isnt it lol?

They certainly havent answered my dispute letter and when i asked for a short term arrangement early on they flat out said no, they dont do that. What a lovely bunch.

 

**No phonecalls today though, maybe they have fallen out with me, first time for a few weeks its been quiet barring bank holidays**

 

Chin up

[leopard lady]

Do you know, I haven't even checked my file since this began, so I dont know if they have done anything to it. I have had only 1 mobile call at 1.30pm today from a 0800 number, but had home phone off the hook all day as not been to well. They are so stupid, my parents will give me £150 a month if they make an arrangement to pay full balance over 5 yrs and freeze interest and charges. They paid last month, they'll pay it this month, but then if I don't get it in writing mbna can do as they please. Once they have defaulted me I have nothing to lose, they can have the £1 a month cccs have advised me to offer.

[minmoo]

Can anyone advise as to when a SAR should be sent? Should this be after a default has been filed so dates can be checked? Its just that i have read it will give more information with regards to what they have on the CCA. I dont want to waste ten pounds at this point if i dont have to.

 

Also I am going to write another letter proposing a payment plan and a freezing of interest for a while to allow me to catch up and get through some of the debt(and reminding them of no cca), and whilst it will doubtlessly be refused i will feel better having tried.

 

I apologise if some of my posts seem pointless but i am going to use this thread as a reminder for what happens and when so i dont get confused in the future.

[leopard lady]

Replace refused with ignored and you'll be about right.

 

Does a SAR need sending? They've already told you they can't comply with the CCA then you are in a much better bargaining position than me. Does everyone need to send an SAR regardless?

Edited January 13, 2011 by leopard lady

[minmoo]

Hello LL, having read through various threads you are right that the SAR shows charges and interest but i was under the impression that it was also a complete log of your account. Thus i thought it might give me some insight into whether the cca is just temporarily unretreviable or they havent got it end of story.

 

Laughing at the ignore comment which is probably true but i live in hope. They were certainly quick to answer my cca request so i always look on the brightside lol. Mind you, they have decided they want to talk to me on the phone again today.

[Dotty50]

Hi minmoo,

 

One of the first pieces of advice I was given on here was to leave the SAR until the account was terminated, then bang in the request, specifically asking for the comms (communication) log. This will/should give you the details of dates etc, which could be important is you are ever taken to court.

 

MBNA are very vague (or lie!) about dates but the evidence can be found from the SAR.

 

Leopard lady is quite right that the CCA request is completely different, some believe that the CCA should be produced when a SAR is sent but this is not the case (although sometimes it does arrive with it!)

[leopard lady]

I suppose every bit of info helps. Is there any other way of determining if they might come up with the CCA in the future? I thought the time for them to produce it was limited? I am going to cca them this weekend.

 

I have had no calls today, miraculously, maybe my formal complaint has reached someone in authority or the person dealing with me has had the day off!!!

[minmoo]

Good advice by you both then, thank you very much. At least i am doing things in the right order

[leopard lady]

Are you in a position to offer a f&f at all?

[minmoo]

Not yet but maybe in about three months i could get about 15% together but who knows if they would even consider that! They would most likely want 60-70