Help with #MBNA

[Goldlady]

I would suggest that the ten years starts from when the payment plan begins. However as it is no doubt a rule created by MBNA off the top of their heads I wouldn't pay too much attention to it.

[Delboy01]

It's against OFT guidelines for a bank to offer loans to clear debts where there is a payment plan. Personally, once a bank/agency start mucking me about then they have to prove to me that they have a legal right to ask me for money. What MBNA had in their cupboard had the legal standing of loo paper. What they had in lieu of a credit agreement was an application form cut out of a newspaper and that was the end of MBNA. I would CCA them and see what they have. Don't put up with any of their bull.

 

Pinky69 Do you have more info on the OFT guidelines? And what did you mean that was the end of MBNA once youd CCAd them??

How do I CCA them? is it the same procedure as when your going for Bank Charges ?

[Delboy01]

I would suggest that the ten years starts from when the payment plan begins. However as it is no doubt a rule created by MBNA off the top of their heads I wouldn't pay too much attention to it.

 

Goldlady That was what I was thinking from the start of the plan. Stupid that my payments WILL pay off the debt within the 10 years so that is a waste of paper.

[Lula]

ok, click on here , template Letter N, do not sign it, just type your name, send them an £1 postal order, send it recorded delivery.

 

They have 12+2 working days to supply you with an enforcable agreement, if they dont then the account is formally in dispute, if after 30 days they still havn't stumped up an agreement, they are committing an offence, let us know how you get on

[Delboy01]

ok, click on here , template Letter N, do not sign it, just type your name, send them an £1 postal order, send it recorded delivery.

 

They have 12+2 working days to supply you with an enforcable agreement, if they dont then the account is formally in dispute, if after 30 days they still havn't stumped up an agreement, they are committing an offence, let us know how you get on

 

Thankyou Lula am i trying to find out if they still have the CC application agreement???

 

And if they dont what happens to the account??

 

And if they do??

 

Ta Delboy01

[Lula]

Hi Delboy, yes you are trying to find out if they have an agreement that is enforcable, if it isnt enforcable then you are not obliged to settle this debt (how you handle that is up to you, because morally you still owe the debt, but no one, not even a judge can force you to pay).

 

If it is enforcable then you can try and come to some arrangement with the company. When was the agreement taken out?

[nufsaid]

I was on their 10 year plan, I honestly couldn't afford it but managed to make the payments every month by debit card on the phone.

Oddly enough my account had just gone under the agreed limit when they started to charge interest and wack on charges which has pushed my account way over the limit once again they didn't let me know only found out when I thier to make Decembers payment.

I paid at the end of November but oddly they didn't take payment for 4 days which made this payment late, when I questioned a rottwieler that had called she lost it and suggested that was I accusing the MBNA of underhanded behavior to which I replied you said it not me to which she completely lost it.

I do think that MBNA are desperately trying to get rid of us folk on DMP's as there seems to be a huge amount of peep's receiving the do you think you should consolidate call me included.

My point is it doesn't seem to matter what you pay it's never enough unless it's the full amount. The dirtty wats that they are.

[Pinky69]

You have now had requestiong a copy of the credit agreement explained to you. What I meant was that MBNA had no copy of my credit agreement and eventually closed my file. You will find a copy of the OFT guidelines on collecting debt on the OFT website.

[nufsaid]

It's against OFT guidelines for a bank to offer loans to clear debts where there is a payment plan. Personally, once a bank/agency start mucking me about then they have to prove to me that they have a legal right to ask me for money. What MBNA had in their cupboard had the legal standing of loo paper. What they had in lieu of a credit agreement was an application form cut out of a newspaper and that was the end of MBNA. I would CCA them and see what they have. Don't put up with any of their bull.

 

^^^^ fully agree I have cca'd them waiting for a response.

[Delboy01]

You have now had requestiong a copy of the credit agreement explained to you. What I meant was that MBNA had no copy of my credit agreement and eventually closed my file. You will find a copy of the OFT guidelines on collecting debt on the OFT website.

 

Ta for info Pinky69 reading other threads on here some have been advised to wait for the CCA until MBNA pass the debt on, (more chance of agrreement dissapearing??) so im confused.

 

As it stands all they have done is asked for a increase which i shall tell them I cant afford.

Wouldnt CCA ing them accelerate the process?

 

I am having to sell my house because of debt and mort going up £220, do I need extra grief at this moment??

[Pinky69]

If they don't have the agreement, they cannot ask you to pay anthing - no agreement means the debt cannot be enforced. You will never know unless you ask. It cannot make your situation any worse. Either you will not have to pay them at all if they have no agreement or if they have one, you cannot pay them what you cannot afford and no court would make you do so if it ever got that far.

[Delboy01]

OK What I intend to do is.... Ring them tell them my mort is going up £220 a month and cant afford an increase, that my current payments WILL clear my debt in 10 yrs , they have it wrong so calling their bluff, if they dissagree then I will CCA them. Will ask how long since my account has been running, older the better methinks

 

But if you think this is wrong pls tell me but make sure you read all this thread first

[Pinky69]

The golden rule is never to phone them. They will say anything to get more money from you - they don't care about your mortgage or your circumstances - and they can and will be very abusive if you don't agree with them. I would go straight for the CCA and keep all communication with them in writing - insist on it.

[cashins]

I agree DON'T phone them.

 

Put it in writing and include in the letter that you will not communicate by phone on this matter. That way you don't get a load of bollarks that they will deny point blank they ever said.

 

David

[Delboy01]

Hi, had a card with MBNA for over 15 years. Would love to see the agreement.

 

 

Current Position

 

In arrears with mortgage and priority debts also unemployed.

 

Cant pay MBNA agreed minimum amount this month they say they will sell it on next month,

Can I CCA them after they sell on as I dont think it will reach them before theyreceive CCA

Also shall I SAR them re Charges for the last 15-20 years????.

Not that I dont want to pay, more I cant atm.

Anything I can do to slow the process up????

 

Cheers

[rebel11]

Hi Del

 

I don't think they will be able to provide you with 10-20 years statements, maybe 6/7/8 max. But you should go after all charges, plus Compounded Contractual Interest.

 

Theres info in my signature 1, 2 and 3. If you look up Slicks recent posts you'll find a link to a Spreadsheet. Have you been mis-sold PPI?

You will clearly have a Account in Dispute over the charges. Templates for CCA Request and Account in Dispute can be found in the library.

 

Info on Compounded Interest:- http://www.consumerwiki.co.uk/index....erest_Tutorial

[Delboy01]

Not a newbie but what do I do first cant remember. CCA or SAR

[rebel11]

You can do them both at once, CCA 14 Days to respond, SAR 40 DAYS to respond.

[Delboy01]

Top man

[Delboy01]

Can anyone confirm this is the correct address for a SAR for MBNA??

 

http://www.ico.gov.uk/ESDWebPages/DoSearch.asp?reg=5038422

 

M B N A EUROPE BANK LTD

STANSFIELD HOUSE

CHESTER BUSINESS PARK

CHESTER

CHESHIRE

CH4 9QQ

[Delboy01]

I have read other posts on here that when I get my charges back, which I will (see below MBNA),

it will be taken by MBNA to cover the debt.

As MBNA have said they will sell it on after it defaults next month, shall I wait to SAR and CCA??

 

Cheers.

[Delboy01]

CCA sent today by registered post.

[The GodMother]

U sar mbna

[Delboy01]

Ok as far as I am aware I havent received a Notice of Default from MBNA. I also havnt received a Notice of Assignment from MBNA. Today I received a letter from a solicitors "acting on behalf of MBNA" Do I make them aware of the above details. Is now the time to SAR MBNA?? or do I advise the solicitors that I intend SARing MBNA.

[ims21]

Hi

 

SAR should be sent regardless as you will need the information to get your charges reclaim sorted.

 

What does this solicitor's letter say?

 

Who is the solicitor?

 

Can you post up the letter as a PDF minus all personal information?

 

ims