MBNA my rights please

[BRIGADIER2JCS]

If MBNA sell the account, they will have no say if the new ''owner'' takes you to court or not, if the account IS sold on with the £10 pcm arrangement in place the new owner should honour that arrangement.

Questions please, Has the account been defaulted yet?

Yes they can do all that they say they can.

 

Lilly I will happily draft a letter for you to send to MBNA that will hopefully make them see clearly what your situation is, just let me know and I' do it over the weekend for you.

[Lilly_Monroe]

I am going to look out all the letters.

They were sods as I sent them 3 recorded letters which they kept ignoring - so I kept paying £10 on line.

They rang me so I spoke to them (have done several times) I am sure they did back this up in writing so going to check.

In this last letter they do refer to my income and expenditure details.

They also say in this letter we waived interest and fees in accordance with your expenditure details.

I have kept them up to date all the way and religiously paid the agreed amount and on time.

 

They do onto say they realise my circumstances may not allow me to pay the amount shown - but they will go onto register a default with the credit agencies anyway.

They point out this will possibly stop me getting a job, a rented house, any more credit for the next six years.

[BRIGADIER2JCS]

Ok Lilly the offer in post 3 still stands.

[Lilly_Monroe]

Ok Lilly the offer in post 3 still stands.

 

Please.

[BRIGADIER2JCS]

OK I have a list of letters etc to do later and have flagged your thread to remind me.

[Guest Another Spartacus]

Hi Lily,

 

Please stop worrying.

 

If it's any comfort to you they did the same with me and I was paying £100 a month to them with the help of my elderly mother.

 

I too wrote them numerous letters and income-expenditure sheets

 

They sold mine onto Active Kapita who I am still paying the same agreed amount to.

 

The interest is still frozen and I have not had any threatening letters from them yet.

 

Every month they send me a letter offering a 10% discount if I pay it in full in three monthly intallments.........doh if I could do that it would have been paid off months ago.

 

Take care and chin up.

 

Tell MBNA that you will continue to pay the £10 a month and sod em.

 

I'm also on ESA in the support group and not likely to ever be able to do any type of work again.

 

I would mention in your next letter to them that you have health problems because there is a code of practice in the lending industry that they should follow, I say 'should' but you know what MBNA are like.

 

Lola xx

Edited April 8, 2013 by Another Spartacus

[BRIGADIER2JCS]

Please.

 

Hi Lilly things have been very hectic in the last few days so I''ll get this letter done for you now.

 

OK.

 

The Compliance Director

MBNA.

 

Ref: account number xxxxxxxxxxxxxx

 

Dear Sir/Madam,

 

I refer to recent correspondence regarding the account referenced above, and the statements made by MBNA regarding what it will do if I cannot pay the arrears demanded, I consider the tone and content of this to amount to threats.

 

1. I am paying ALL that I can Reasonably Afford as supported by my I&E statement, and refer you to the OFT Guidance on this!!

2.The ''threat'' ''to sell the debt on an I will end up in court'' is of course nonsense as if MBNA sells the debt it will have no say in the conduct of the account by an new owner.

3. The ''threat'' to close the account would appear somewhat late as I presume the account is already closed.

 

I emphasise and confirm that my financial circumstances are unchanged since providing an I&E statement and if anything £10.00 in todays financial climate may be too much for me to afford in the near future.

 

So, I would suggest perhaps a more ''senior and erudite'' member of MBNA management should take note of my financial status and read carefully the OFT Guidance on Debt Collection sections regarding the treatment of debtors in severe financial difficulties!!

 

I await your response.

 

Send recorded delivery if possible or get proof of posting which is free.

[Guest Another Spartacus]

Brilliant!!!!!!!!!!! Brigadier

 

I wish I had sent MBNA something like that

 

Lola

[BRIGADIER2JCS]

Let's hope it has the required effect:madgrin:

[Lilly_Monroe]

Thanks for the brilliant letter - it will go recorded tomorrow.

You have really taken a weight of my mind - so I will wait and see what their next move is.

 

Thanks for the encouragement Another Spartacus, I get very worried by it all living on my own as I have no one to mull these things over with.

It is terrible that these companies are allowed to bully people - especially after agreeing to repayment plans, and then back tracking.

 

Feel a lot happier

[Lilly_Monroe]

Hi Lilly things have been very hectic in the last few days so I''ll get this letter done for you now.

 

OK.

 

The Compliance Director

MBNA.

 

Ref: account number xxxxxxxxxxxxxx

 

Dear Sir/Madam,

 

I refer to recent correspondence regarding the account referenced above, and the statements made by MBNA regarding what it will do if I cannot pay the arrears demanded, I consider the tone and content of this to amount to threats.

 

1. I am paying ALL that I can Reasonably Afford as supported by my I&E statement, and refer you to the OFT Guidance on this!!

2.The ''threat'' ''to sell the debt on an I will end up in court'' is of course nonsense as if MBNA sells the debt it will have no say in the conduct of the account by an new owner.

3. The ''threat'' to close the account would appear somewhat late as I presume the account is already closed.

 

I emphasise and confirm that my financial circumstances are unchanged since providing an I&E statement and if anything £10.00 in todays financial climate may be too much for me to afford in the near future.

 

So, I would suggest perhaps a more ''senior and erudite'' member of MBNA management should take note of my financial status and read carefully the OFT Guidance on Debt Collection sections regarding the treatment of debtors in severe financial difficulties!!

 

I await your response.

 

Send recorded delivery if possible or get proof of posting which is free.

 

 

Bl**dy brilliant.

I shall send with proof -as I know they are devils for not admitting to receiving anything.

[BRIGADIER2JCS]

Good Luck Lilly!!!!

[Lilly_Monroe]

I sent the said letter written by the Brigadier.

After about 10 days I got a reply from the complaints department - saying it would take them 28 days to look into the matter.

Then the other day 7 days after the first letter the same department sent me the same letter.

Today I received a default notice giving me 20 days to pay the amount owing .

 

If I cannot pay the said amount and then meet the regular monthly payments, (not the plan in operation at the moment (£10) a month) they will enforce the default notice.

They have suggested I apply to the courts for a surety to allow me more time - and suggest I get myself a solicitor.

 

They state they have helped me - wavered interest fees - realise I cannot probably find the amount they are asking for - but that is it, no more time or help.

 

I have NO idea what is going on - on one hand they send me two letters saying they are looking into my complaint - and then today they are saying they will issue me with a default notice.

 

Please what do I do now - I cannot afford the £300 and then to make a payment of £30 a month thereafter.

I am single living on ESA benefit.

[BRIGADIER2JCS]

OK, this appears to me to be a case of incompetence one department not communicating with another, so we can fire a broadside on this.

 

Address and reference as before:

 

Sir/Madam,

 

FORMAL COMPLAINT.

I refer to three recent letters from MBNA and my letter dated xx xx xxxx regarding my ability to pay the proper instalments required on this account, so I will state once again my financial status is unchanged and my only income is ESA, even the sum of £10.00 offered causes me hardship at this stage.

 

I find it rather disturbing that departments within MBNA cannot communicate with one another as I have received two letters stating that my 'complaint' is being looked into and yet during the ''28 day'' time scale for dealing with my complaint I have now received a default notice making demands that MBNA must know it is not possible for me to meet.

 

Once again I refer MBNA to the OFT Guidance On Debt Collection and the sections regarding a debtors ability to pay and the difficulties being experienced by the debtor.

 

My offer stands at £10.00pcm and cannot be increased.

 

I would expect someone within MBNA with at least some understanding of the difficulties I face to give this matter full and proper consideration.

 

MBNA have 56 days to reply to this formal complaint which I am sending by RM recorded/signed for delivery I will check the date it is received by MBNA.

[Lilly_Monroe]

Thank you - printed and ready to go after the Holiday.

 

Will keep you posted.

They sure like to threaten and intimidate don't they.

I know I should be paying more - but with 'what' I am doing all I can.

 

Many Thanks

[Lilly_Monroe]

MBNA have written to say they are going to default on my account - and will enter into no further correspondence.

They have said my account is/was not on a formal reduced payment amount, and the time given to me was to help me get back on track and stop any added interest charges.

If I cannot keep up the £10 a month then pay what I can as it matters not - as the account will default on said date!!

 

They have said if I am not happy to take my case to the FOS and given me the address!

Who I expect will side with them, as MBNA say they have applied by their governing code.

 

So once that defaults is registered I am screwed for 6 years in everything I try to do.

Rent somewhere, when I sell my house - well everything.

 

Why have they defaulted on me, when I read they sell other debts and people enter into long term payment plans with NO default.

 

Will they still take me to court which is what they threatened in their last letter

 

They always time their letters to arrive on a Saturday so I have ALL weekend to worry before I can try and get some advice.

 

Sorry for ALL the questions but I feel ill.

The debt is for £800 by the way.

Edited May 11, 2013 by Lilly_Monroe

[BRIGADIER2JCS]

Lilly I suspect that the debt will be sold on that is why it has been defaulted now, in some ways a default is better than a long term arrangement to pay as the default entry will be removed after 6 years paid or not, an AP will be there for as long as it takes to repay the debt and that will be much longer.

[Lilly_Monroe]

Lilly I suspect that the debt will be sold on that is why it has been defaulted now, in some ways a default is better than a long term arrangement to pay as the default entry will be removed after 6 years paid or not, an AP will be there for as long as it takes to repay the debt and that will be much longer.

 

 

Thanks for that.

 

I have to accept the default, I tried but they want their pound of flesh - so nothing I can do.

I already suffer from high blood pressure and depression so to dwell on it will do me NO good at all.

I have read all my statements and with interest I owe just over 1000 can they try to make me sell my house under the new 1000 pound limit that has come into force - would a judge grant them that.

[theoldrouge]

in my experience MBNA will sell your debt on in the next couple of months but the new owners will simply continue your existing arrangement, certainly no court action, and as Brig says this will work to your advantage in the longer term

[Lilly_Monroe]

in my experience MBNA will sell your debt on in the next couple of months but the new owners will simply continue your existing arrangement, certainly no court action, and as Brig says this will work to your advantage in the longer term

 

Thank you so much you have made me feel a lot better.

I live alone so panic and worry is always around the corner.

Also it has to be better than keep receiving the letters from MBNA threatening this that and everything.

Much Appreciated.

[BRIGADIER2JCS]

It's an unsecured non priority debt, MBNA or any DCA cannot make pay any more than you can afford and if that is £1 pcm then that what they get.

[Lilly_Monroe]

Update MBNA said that unless I pay off my arrears then they will sell my debt on.

I have been paying £10 a month which they agreed to - but then said this is not enough.

I wrote to them several times because of the mixed messages and almost threatening tone of their letters.

 

They replied telling me that after my last payment in May unless I settled there was nothing more to be said - debt would be sold.

 

Yesterday I received a letter from them telling me about changes to my credit card (this is the card they told me to rip up some 18 months ago) which I did.

 

Today I received a letter basically going back to stage 1 with them outlining my account is in arrears, and what I should do (included was the Office of Fair Tradings print out) about being in arrears.

 

 

I am/was waiting for the letter to arrive telling me some other company has taken over my debt.

I am still making my £10 payments until I hear anything.

It is crazy, one minute they threaten and bully, the next we go back to the beginning.

 

I am aware I am at fault for not being able to pay, but this is crazy and surely not an acceptable way for them to carry on.

Do I have a case for writing to the Ombudsman - I do not know if I am coming or going with them.

I already suffer from depression and struggle with day to day things without them messing me about.

 

Like I say I have written to this company at least 8 times, explaining everything - so why back to the beginning again.

[Lilly_Monroe]

I was paying £10 a month as per agreement - then MBNA wrote to tell me they are either selling the debt on £800 or taking me to court.

 

I was paying online but they stopped me doing so.

They want me to ring them - but I will make no contact that I cannot verify what was said/agreed.

Neither will I phone them.

I cannot find an email address for them - so how the heck do I continue paying (which is what they have told me to do)!

 

One minute they accuse people of not paying, and then they remove that ability to be able to do so.

What should I do next - I do not want to ignore the payment and give them more ammo.

Do you think they will take me to court for the debt to be paid in full.

[renegadeimp]

They could but the judge would just order you to pay with within your means.

 

Contact mbna and demand a method of payment. By law they cannot refuse to accept a payment towards a debt.

[citizenB]

Write to their Head office and ask how they expect you to pay.