Debt collection/MBNA

[spydde]

seven years ago I was made redundant owing a lot of money, I phoned all my creditors and made offers of payment that I have kept to, however. MBNA have always proven problematic and aggresive. As a result of this whilst unemployed I offered them £20 per month, they tried to get double this, and in all honesty I would have, if they hadn't been so pushy. a few months down the line I started getting letters off 1st credit, and informed that I had been black listed - even though I had paid as I said I would.

 

As time went by I went to university then started work again. I upped my payment to £25 per month then £40 (about 3 years ago)

 

I have received a huge amount of letters (kept all of them) from them trying to get me to pay it off, pay more, often with thinly veiled threats, even had a phone call whilst doing my degree complaining that I was at Uni and should have asked their permission.

 

I have stood up to them and because I don't own much have said - take it or leave it. if you don't like it take me to court.

 

In June I was mase redundant, I called them straight away and offered to pay off 40% of the debt in full and final payment. this reflects an offer they made 12 months previously, I said also if it isn't cleared that I would be on the dole and would drop my payments to the original agreed amount. this was declined as they wanted 70%. I contacted a debt advisor who said write to them offering 10%. I wrote foimally offering 25% with a written explanation that this was my final offer, if declined I would be reverting to £20 per month with little chance oif it going up, I currently owe £3000 (app).

this was declined, so at the end of the month I paid £20 as per my letter and phone call.

 

since then I have had a call from India telling me I had defaulted and they would take me to court etc. I stood my ground - explained I had informed them of this situation already and they were annoying me.

 

since then I have received three letters - the first threaten8ng legal action for defaulting - contact them in 7 days or else. the second from a debt management c ompany - who seem to be working out of the same offices as 1st credit, saying I need to contact them urgently to discuss my options, that ends with the immortal line, if you haven't responded within 14 days we will assume you have no interest in clearing this debt. The third advising me that my credit rating has improved (of course I managed to come to an agreement with all my other creditors and so of course cleared all but MBNA) and it was clear I had come into some money why hadn't I cleared their debt, contact us within 7 days to talk about our offers,

 

I made my offer in May, it was based on the money I had. I paid everyone else off even though I went to MBNA first. it is now the end of July as a result of paying all my other debts off there is little left. (and no I haven't been living the life of Riley as I can account for every penny and I have £300 left of my redundancy which is the amount left over after deducting my debts paid off from my redundancy.

 

I emailed the OFT last week complaining, but have heard nothing since. the two weeks are up on Monday..

 

Any thoughts or suggestions anyone?

[PGH7447]

hit them where it hurts and drop your payments to £1 a month, also spend a £1 and send them a cca request for the agreement, see what they come up with, if after 12+2 days they have not sent you an agreement stop payments altogether

[citizenB]

Did they actually use that statement "Blacklisted" in their letter ?

 

Do keep a detailed record of all that has been said to and by MBNA, dates and summaries of conversations.

 

They have recently been censured by the OFT for not handling complaints correctly and got a fantastic thumping in the High Court for harrassing a consumer

[lilly white]

Are we still dealing with 1st credit are they acting on behalf.......of MBNA........what is the debt.....loan ,credit card. how old is the debt, any insurance

golden rule do not break it all in writing from now on............... as advice send for the agreement

[spydde]

Blacklisted has never been mentioned in letter form, just on the telephone I only found out they had done it when I applied for an overdraft to find that my credit rating had dropped off the scale and my bank of 20 years refused a £100 overdraft.

initially I thought that 1st credit had bought the debt, but from recent conversations I gather they are acting on behalf of MBNA..

 

cheers regarding the agreement. Oh I was made redundant on health grounds, but I really won't give in no matter how I feel. thing is on the phone I run rings around their staff as they clearly have no idea what they are talking about. It's quite funny at times, but I cannot prove what has been said of course.

 

I complained to the OFT regarding all this but have had no reply.

 

thing is if I had avoided my debt it would probablly be all off my record now as it all started 7 years ago, but I have always faced my problems and tried to resolve them, with all my other creditors this has worked and I have paid off all but this debt. If they hadn't been so overbearing and aggressive I would have been able to sort out a loan to repay them, but oif course because of their actions I have been refused all loans..

[spydde]

update!!! I have just received a letter dated 11 Jul 2011 (28th today) saying I am in default and pay it all up or else.. I also have another letter signed by the same person dated a week later that I received last week saying contact us as we are aware your situation has changed. and another letter agreeing to me paying them £20 dated 14th July (received last week).

 

if it wasn't so tragic it would be funny, the phrase they coiuldn't find their backside with both hands and a roadmap springs to mind.

 

well I quite look forward to being taken to court now, all paperwork they have sent is in disarray if they operate like this in a courtroom, you can only be filled with hope

[Bazooka Boo]

Please tell me you are only paying them £1 a month? If not you MUST!

 

This is a piddly little non priority debt, you are unemployed therefore the money you get is what the Govt states is the bare minimum you can live off, there is no wriggle room to pay off non priority debts, so even paying them a £1 is much more than they would be expected to receive if they are so foolish as to try and put this before a judge.

 

Have you sent these muppets a CCA request yet?

[spydde]

not yet I am waiting to see what happens when I haven't responded i.e next week, plus contacting OFT again. but I really want this before a judge, the paper trail from them is totally substandard I have yet to receive a statement off them I even have a letter stating I was paying £25 when I was clearly paying £40 I really want to go on the offensive here bollocks to what I owe them I have no issue paying and have stood by my debt repayments, but I won't be bullied by anyone

[Bazooka Boo]

Then to hurry it along you should drop your payments to £1 a month, and even then they will be too afraid to put this in front of the beak.

Why waste good money?

[spydde]

dropping payments to £1 rest is history

[Bazooka Boo]

Good lad.... £1 a month is better than nothing, and "IF" it gets in front of a DJ, all you need say is that they were being too greedy (as usual) and they would not accept your first generous offer of payment so to avoid wasting your time, began paying them the token payment of £1 a month. If they weren't so bloody rapacious you would have gladly paid what you first offered.