MBNA my rights please

[Lilly_Monroe]

Hi

 

Could anyone please advice me.

 

I owe £1000 to MBNA and been paying only the interest for some time.

 

I am in receipt of WRAG due to depression I receive counselling, for this but things are not good at the moment.

 

I wrote to MBNA some time ago to explain this, and they sent me this huge form to take to all of the people I see, GP counsellor and get them to fill it in.

 

I did not have the money this would have cost me £20 a time for GP etc, plus I was embarrassed so I did not do it.

 

They have a copy of my budget plan - but still they will not accept reduced payments.

 

Could someone please tell me what I can do and what my rights are if any

 

I am not in arrears with them - but cannot keep up the payments so soon will be.

 

Thanks

[citizenB]

Is this a credit card or loan ?

[Lilly_Monroe]

Credit Card.

[rebel11]

Hi Lily

 

Have you been mis-sold PPI on the account? If so you should claim that back. Have a read of no. 2 and 3 in my signature.

You have priority debts which come first, utility bills, food etc Have a read of no7 in my signature. Basically they have to accept what you can afford, if it ever went to court, that's pretty much what the judge would say. Also the Credit Card company have to treat you fairly, read COBS:-

http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers. When you write to them tell them that.

[Lilly_Monroe]

Oh thank you..

I shall read all of that - and once again write to them.

I have a copy of my first letter to them.

Do I have to as they ask, and get all of those forms signed and returned from my GP and councillor - they wanted a lot of detailed private medical information are they entitled to ask that.

Should I default on my next payment - to start credit plan negotiations.

 

Yes I think I might have PPI so will check that out.

[citizenB]

Hi Lily, I will try and find out if you do have to obtain all that information. I rather suspect that you dont.. but will try and find out for sure

[citizenB]

Just a little bit of information for you.

 

The OFT has stated 'it is a basic principle that creditors cannot refuse to

accept payments from a debtor. If we receive evidence of a creditor

operating a deliberate policy of refusing to accept debtor created

repayments plans to the point where it is causing more detriment we may view

this as an unfair business practice'

[dx100uk]

as with financial statements

 

medical info is the same

 

they have NO RIGHT TO SEE IT

 

only JUDGE can order that.

 

dx

[Lilly_Monroe]

Thank you.

Wish I had known that at the time - but I was to confused to deal with it all at the time, to I continued paying normal payments, rather than challenge it.

 

I am writing to them again and stating this setting out what I can afford.

 

Much Appreciated

[citizenB]

Lily, yes I would do that. Include the OFT statement that I posted in post # 7 - if you want to pop your draft up first before sending, then we can fine tune it for you

[Lilly_Monroe]

Hi

 

Is this acceptable to send them?

Dear Sirs

 

I wrote to you in December of 2011 (copy enclosed).

 

Since then my circumstances have deteriorated in so much as I am no longer in receipt of JSA

– but now claiming ESA for depression and high blood pressure.

 

As well as being on prescribed medication, I also attend counselling sessions.

 

Your reply to me last time was to send several copies of paperwork,

which I needed to get my GP and any other person connected to my situation/case to fill out and sign.

 

This is not only costly to myself (£20 for each person concerned) I also would like to challenge the validly of you having access to my medical information.

 

That I am in receipt of benefits for the said condition can be verified, would that not be adequate?

 

My income per week is £85.00 from this I have to pay my utilities, and live.

 

I live alone and have no other source of income.

The pressure from my financial situation is not helping my depression at all, whilst I do accept that this is not your main concern I would like to point out that

The OFT has stated 'it is a basic principle that creditors cannot refuse to

accept payments from a debtor. If we receive evidence of a creditor

operating a deliberate policy of refusing to accept debtor created

repayments plans to the point where it is causing more detriment we may view

this as an unfair business practice'

I would ask again if you could please freeze the interest on my account and also accept a reduced payment – of £10 a month as this is ALL I can afford now.

Finished off with looking forward to hearing from you blah blah

[Lilly_Monroe]

Hi

 

Is this acceptable to send them?

Dear Sirs

 

I wrote to you in December of 2011 (copy enclosed).

Since then my circumstances have deteriorated in so much as I am no longer in receipt of JSA – but now claiming ESA for depression and high blood pressure.

As well as being on prescribed medication, I also attend counselling sessions.

Your reply to me last time was to send several copies of paperwork, which I needed to get my GP and any other person connected to my situation/case to fill out and sign.

This is not only costly to myself (£20 for each person concerned) I also would like to challenge the validly of you having access to my medical information.

That I am in receipt of benefits for the said condition can be verified, would that not be adequate?

My income per week is £85.00 from this I have to pay my utilities, and live.

I live alone and have no other source of income.

The pressure from my financial situation is not helping my depression at all, whilst I do accept that this is not your main concern I would like to point out that

The OFT has stated 'it is a basic principle that creditors cannot refuse to

accept payments from a debtor. If we receive evidence of a creditor

operating a deliberate policy of refusing to accept debtor created

repayments plans to the point where it is causing more detriment we may view

this as an unfair business practice'

I would ask again if you could please freeze the interest on my account and also accept a reduced payment – of £10 a month as this is ALL I can afford now.

Finished off with looking forward to hearing from you blah blah

 

Is this any good to send please?

[dx100uk]

IMHO why waffle?

 

i would just send copies of your award letter

 

and state:

 

as you can see i am limited to these benefits

 

such benefits are FOR ME TO SURVIVE ON

and NOT for paying my non-priority creditors.

 

however, i am prepared, as GOODWILL GESTURE

to pay you £xx for xx MTS.

this i will do via my internet banking portal.

 

this is on CLEAR understanding that you FREEZE the interest

and refrain from levying any PENALTY charges.

 

should you fail to assist me, as you are duty bound to do under the various industry guidelines

i will have no alternative than to reduce my payment to £1 PCM till i die.

 

I will review my financial situation in 6mts time or soner & update you as required.

 

dx

[Lilly_Monroe]

I wrote to MBNA 6 weeks ago stating that I could not afford the monthly payments of £35 and saying I was offering a 'good will' payment of £10 a month

and asking for the interest to be frozen.

I sent the letter recorded.

 

So, far that have ignored me but keep sending me letters saying I am in arrears and unless I settle the arrears they will blah blah blah you know the story.

 

I have made two payments of £10 since I sent that letter

- filled their on line complaints form in which they acknowledged as received and looking into

- and that was that.

 

Could someone please tell me what I do next

[dx100uk]

nothing unusual there then

 

MBNA are the pits for helping customers

 

you've done correct s ofar

 

how about reclaiming?

 

any PENALTY charges/PPI?

 

dx

[dpick]

As DX say's if you are not paying the minimum payment they will be adding charges. Check if you have statements and reclaim I did cost them £1700.

 

dpick

[Conniff]

Drop a line of complaint, especially the being ignored bit to the CEO - ian.odoherty@bankofamerica.com see if that gets you anywhere.

[citizenB]

Have you confirmed that your letter was received by checking the RM Website? If there is a delivered receipt/signature, then print it off for your records.

 

MBNA were censured by the OFT for their poor Debt Collection Practices..

 

http://www.bankingtimes.co.uk/2010/12/14/oft-closes-in-on-mbna-debt-collection-practices/

[citizenB]

http://www.oft.gov.uk/news-and-updates/press/2010/136-10

[Lilly_Monroe]

Have you confirmed that your letter was received by checking the RM Website? If there is a delivered receipt/signature, then print it off for your records.

 

MBNA were censured by the OFT for their poor Debt Collection Practices..

 

http://www.bankingtimes.co.uk/2010/12/14/oft-closes-in-on-mbna-debt-collection-practices/

 

Yes it was received I even copied and pasted the whole letter again into their online complaint form, which they acknowledged as received but are just ignoring.

[Lilly_Monroe]

http://www.oft.gov.uk/news-and-updates/press/2010/136-10

 

Having read that it seems they will not deal with me because I do not have a representative, I have done it myself.

I sent them a copy of my ESA allowance, and included a break down on outgoings the £10 I offered is more than I can really afford.

I explained about my illness depression/anxiety, that I get counselling, but it seems not good enough.

What do I do now.

[citizenB]

No, I think it is slightly misleading in that this was one of the issues that people were experiencing.. where a representative was in place, MBNA were simply ignoring them as well !!

 

It is a breach of the OFT guidelines and their own Lending code to simply ignore your letters.

 

Who have you been dealing with at MBNA ? Perhaps a properly headed Official Complaint to their Head/Registered office will force them to respond. If not, then at least you will then be able to take your complaint to the Ombudsman after 8 weeks.

[Lilly_Monroe]

No, I think it is slightly misleading in that this was one of the issues that people were experiencing.. where a representative was in place, MBNA were simply ignoring them as well !!

 

It is a breach of the OFT guidelines and their own Lending code to simply ignore your letters.

 

Who have you been dealing with at MBNA ? Perhaps a properly headed Official Complaint to their Head/Registered office will force them to respond. If not, then at least you will then be able to take your complaint to the Ombudsman after 8 weeks.

 

I have printed off the letter again with an update and shall send again I think I did send to to their HQ last time.

I printed off the Royal Mail registered signed for receipt, the signature of the person who signed for it, looks like hieroglyphics/scribble good job they printed it as well.....never seen anything like it before.

 

Interestingly they have sent me the Office Of Fair Trading s information sheet about Arrears

Don't Ignore the problem

No 1 Contact the organisation you owe money to.

Well I have

[Lilly_Monroe]

I have an agreement with MBNA in which I pay them £10 a month - I have been doing this for about 8 months.

 

They are aware I cannot afford any more we last spoke about 2 months ago in which they agree to let me keep on with my payment plan.

They have my expenditure sheet of what comes in and what goes out.

 

They have written to me telling me that if I do not clear the arrears, (which is impossible), they will sell my debt on - and I will end up going to court.

They have also said they will close my account (which I thought they had done already) I have not used this cards for almost 2 years, and once they close my account I will be liable to pay the WHOLE amount owing,

 

Can they do this - my circumstances have not changed since I entered that agreement with them.

In fact if I fail my ESA medical things are going to get worse.

 

I feel intimated, threatened and afraid.

[BankFodder]

Have you got their agreement to accept installments in writing? And is there any limit, condition or review contained in it?