Mbna Making Husband Ill

[LEYLA]

Basic Account Customer

 

Join Date: Apr 2007

Posts: 2

 

 

Mbna Making Husband Ill

Hi everyone,

I put a posting on the WELCOME forum yesterday, and was amazed to receive 3 replies so quickly. I'm not very computer literate, so I can only hope I've manged to put this in the right place as it was suggested that I should tell my story on this forum. Here goes:

 

Several months ago, my husband and I were having serious problems with our finances. At that point, we took the advice given on various sites, to contact our creditors in writing and enclose a budget sheet with an offer of payment pro-rata.

Most of our creditors were reasonably helpful and understanding, prepared to accept our offers, even if it was only over a short term arrangement.

However MBNA began phoning constantly, demanding payments (for amounts that were impossible for us to pay), and insisted that they had never received any communication from us. Initially they insisted we had sent it to the wrong address, and upon giving us another address, we promptly forwarded another copy.

 

The phone calls via an automated robot kept coming, and every time my husband made contact, they insisted our letters had not been received or that our file was inaccessible at that particular time!

Despite this, we sent the payment we had originally offered, and sent a further copy of the original letter with budget.

Last week, a letter came acknowledging receipt of the letter but needing to speak to my husband. A further automated call came the same day, so my husband contacted the company.

My husband is the mildest tempered person you could meet, but the person speaking on the other end, spent the best part of thirty minutes goading him and trying to get him to lose "his cool". He stated that the budget was obviously falsified and that we could definately pay more than had been offered. Despite my husband telling him that once our priority debts had been dealt with, we fully intended contacting other creditors straight away in order to offer higher payments, this was not acceptable.

 

At this point my husband asked to speak to someone else, and he was put onto a debt manager, who was apparrantly better mannered than the first person. However, he was still insisting on payment of over £300 there and then, or a plan to pay an extra £13 on top of what we had offered, but still with the possibility of action against us. My husband refused to make that committment, again, staing that there were other creditors and that we had nothing extra to give. During this conversation (or should I say, argument), my husband was informed that they were an American bank and had their own rules.

 

This has really upset us, but is honestly affecting my husband's health quite badly. He works incredibly hard, and MBNA have made him feel as though he's an absolute failure with no way out of all this financial mess. This account is in his name, so unfortunately all phone calls etc have to be dealt with by him, but he's now at the point of despair with them and doesn't want to speak with them and go through it all again.

 

Are they right to treat people like this? Is there anything that can be done to persuade them to accept our original offer of payment and stop the harrassment.

I'm beginning to understand why people go to debt management companies in order to let them deal with all the awkward letters and phone calls, but I'm so reluctant to go down this path!

 

Thankyou,

 

Leyla

[wednesday1867]

There are a few debt management places that are free and very helpful payplan and cccs.

 

Regarding the phone calls, check the templates for the harrassment letter and send them it and next time you speak to them tell them you will only contact via writing.

 

Do you think you will have many charges?

[miss muppet]

I am so sorry to hear about this Layla. Have you sent them a CCA request yet. Template letter in the General Debt section. This is a request for a true copy of the signed agreement. Don't sign the letter, print your name or do a different signature to your normal one as MBNA as a CAG friend of mine says are prone to Blue Peter moments. They have 12 + 2 working days to reply to this after which time they are in default and you can stop paying them - yes thats right - nada, zilch. 30 days on from there they will be in criminal default and you can report them to FOS,Trading Standards, IOC etc.

Until they come up with a true copy of the agreement they cannot enforce the debt and also put on the letter of request, Account in Dispute, then

they are banned from hassling you until they comply. We have all felt like you and your hubby feel now, but you can and will feel better when you are being proactive.

 

When they ring, give them a false date of birth, they can't continue with the conversation then, or say hang on a minute, take the phone in the loo, flush the toilet and leave it there, or go and make a cup of tea and leave the phone off the hook, they'll soon get the message. Definitely do the harassment letter, you'll find this on the site too. With regard to the charges, if you've got lots and don't owe much and want to admit the debt go the SAR route, this is a request for a complete breakdown of all the charges and other notes on your account, you can then go the court route to get your money back, but if you want to make them disappear, go the CCA Route, read up on it all on the search forum Consumer Credit Agreements/Resources/Workshop, loads of information plus all the other threads on Consumer Credit Agreements - Don't let these people get the better of you, you are good kind honest hardworking people who deserve better than these low life pestering you.

[miss muppet]

Ohh very important, send everything recorded delivery so you know when they get your request.

[Josie8]

Ignore anything they say about being an American bank...............they are bound by UK law.

 

Try not to let them bully you..............though I know it's hard

[LEYLA]

Thanks to you all for your advice.

I'm wading in at the deep end, and trying to find my way around an area which is totally foreign to me. I really appreciate all the kind words and support.

I will certainly do some more research on the site, and look for the template on harrassment.

 

As for the charges, I hadn't even considered them! Probably because we are feeling pretty guilty about owing them money.

We did approach the Halifax about our charges (mainly because they have created many of the problems we are now encountering), in March. Still waiting! I did some chasing up with them last week, and I was promised the information would be received by the end of this month. Such a different story when they want something from us!!

 

Leyla

[wednesday1867]

Leyla,

 

Harrassment letter - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

 

For each different bank or credit company you are looking at claiming off its best to start a thread on the relevant banks forum.

 

I was in a similar situation, i was borrowing from peter to pay paul, bit the bullet and contacted PayPlan who set me up on a debt management plan, i pay so much each month to them, they then pay my creditors a percentage of the payment i sent them, so each creditor gets something.They deal with it all for me, contacted each creditor with an offer of payment etc, were and are very good.

 

MBNA were not very helpful with me, didnt stop interest, have reduced it tho and didnt agree to my offer of payment, but doesnt matter if they agree or not, they arent special, they get some, same as everyone else, i want never gets

 

If i were you id send a sar to each company, i thought only one or two would have charges worth claiming back, im currently claiming charges from my old current account, claiming charges from maybe 3 credit cards and questioning unfair ppi on 3 other accounts like pringles, once you pop ya cant stop hehe

 

And maybe look here

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

EDIT*

 

Maybe have a look here for some letter info

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

[ian1969uk]

Leyla, do the credit agreement request for all creditors (except overdraft, that doesn't work the same way). You will be amazed how many don't have it, or if they do it's likely flawed in some way. This means you can then lawfully stop paying them and they cannot enforce through the courts.

 

They will try and pressure you into payment, though, so stay strong and people here will support you and your husband.If the phone calls don't stop, you could sue for harassment or do what I did. Some will think it extreme but we changed our number and have had blissful phone silence ever since.

 

If you actually report them to the Police for harassment and get a crime number, the phone companies will change your number for free. Otherwise, it costs around £25 but well worth it in my opinion as it forces them to commit everything in writing.

[LEYLA]

Could do with further advice please folks!

 

Husband received a letter from Global Vantedge Private LTD today on behalf of MBNA. It states that the account has been referred to them due to outstanding arrears.

As MBNA has refused the offer of what we can afford(even though it's still being paid), should we make contact with them, in the hope that they will accept what we originally offered? Will it be of any use to request a CCA at this point, and if so, although I assume this would be sent to MBNA, what steps do we take with Global?

[LEYLA]

Was starting to feel a little more confident, but head now in complete whirl and I'm so confused - PLEEEEEAAAAASSSE HELP!!

 

Did send CCA to Global Vantedge on 9th July. Husband received several American phone calls "on behalf of MBNA" but stated he'd been advised not to speak to them and hung up.

 

Nothing further heard until 26th July, when recieved a letter from MBNA, stating that they had enclosed a copy of the statement originally produced (July), and that details of the charges for `fulfilling ' the copy would appear on next statement.

 

Same day, a default notification letter arrived. What annoys me so much, is that it states we can contact them for advice on how to prevent the default being filed. They really don't want to help anyone!! We offered to, and still are paying £7.01, which I know is a pittiful amount, but we did say that as soon as priority debts were in order, we would pay more. They would not accept it, and wanted more than the other companies, who on the whole have been much more understanding.

We aren't trying to get out of meeting our obligations, but with all the extra charges they are now adding, it's getting ridiculous!

 

I have read other threads, and looked up the useful info offered throughout this site, but I'm really starting to feel pannicky, and can't seem to get all this straight in my head.

What should I do next?

 

As I sent the CCA to Global Vantedge, (with the £1) do I now send another to MBNA?

Also, I believe that MBNA took over my husband's original credit which was a Leeds Utd card with either the Bank of Scotland or Royal Bank Of Scotland. How does this affect course of action?

Do I send an S.A.R - (Subject Access Request)? If so, who would this go to? Most of the six year time frame would be with the original creditor?

 

I'd be so grateful, if someone could point me in which direction I should go. I'm more confused today, than I was in the beginning!!

[ian1969uk]

Hi again, if they haven't yet sent the credit agreement then they are in default and you can stop paying them. I assume you sent the request by recorded delivery so you can prove they have received it?

 

If so, you can either send them a reminder or give them another calendar month to hang themselves and commit an offence. The choice is yours.

 

Personally, I would send a reminder as follows:

 

[Their address]

 

[Date]

 

[Your address]

 

Account number xxxxxxxxxxxxxxxxxxx

 

 

Dear sir or madam

 

Reminder for request for copy of credit agreement under Section 77/78 of the Consumer Credit Act 1974

 

I wrote to you recently requesting a true copy of any signed, executed credit agreement in relation to the above account. This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of a fee of £1.00. This payment was included with my original request.

 

Under the above Act, a creditor has 12 working days to supply this document to the debtor. Royal Mail confirms that you signed for this letter on [insert date] and so this deadline expired on [insert date]. Thus far I have received no response to my request. This means that you are currently in default of my request. Whilst your default continues, you are not entitled to enforce any part of this alleged agreement.

 

This includes, but is not limited to, the following:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to this account.
  
• You may not pass this account to any third party.
  
• You may not register any information in respect of this account with any of the credit reference agencies.
  
• You may not issue a default notice related to this account.

Please also note that to register information with the credit reference agencies, or to issue a default notice, would also be in breach of Section 13.6 of The Banking Code, which stipulates that you can only register such information if the amount owed is not in dispute.

 

You have a calendar month from the expiration of the 12 working days to rectify your default. Therefore, I must receive the document I have requested by [insert date]. Failure to meet this deadline is a criminal offence and will be reported to the relevant authorities. If you do not have any signed agreement in relation to this account, please confirm this in writing.

 

I will be making no further payments to this account until this matter is resolved to my satisfaction. It would be a breach of the Administration of Justice Act 1970 for you to continue to take any action against this account whilst this default remains.

 

Please conduct all communication with me regarding this account in writing only. For your convenience, I include a copy of my original request letter. All letters have been sent to you by Recorded Delivery so I can prove that you received them if necessary.

 

I look forward to your swift response.

 

Yours faithfully

 

[Your name]

 

 

At least if you send a reminder, you can demonstrate in any future court action that you did all you could to help them comply.

[pookeymonkey]

hi Leyla

 

My hubbie and I are both in poo-poo land with our debts and we both felt guilty about them, we kept thinking there must have been something we could have done to stop them getting out of hand. We now realise we are in the same boat as so many other people who are just trying to keep their heads above water, so please don't punish yourselves for what has happened.

 

Now MBNA are a bunch of pickles to deal with but I found the best way to deal with them was to have a sheet of paper in front of me with my answers already on it, so when they would start getting moody I would reel off my details like a broken record. Don't be frightened by them, a lot of banks/Credit Cards will not accept the first payment you offer as it would ruin their stats and instead they would rather pass it on to a debt collector who will probably accept a lesser amount.

 

As for Global don't worry about them, they are an American company who are based in India who are just after the arrears on your account. MBNA like to employ this company to collect the arrears and they do have to abide by the UK laws so don't take any bull from them about american laws.

 

Keep posting on this site and don't get drawn into any lenghty conversations with these companys as it will wear you both out, instead stick to your guns and dont forget to breathe!

 

Best wishes, Pookeymonkey:p

[LEYLA]

Thanks for helping Ian.

In answer to your question - yes I did send the letter via recorded post to Global Vantedge. I think the letter you've advised me to follow up with is a good idea, but I'm not sure who this should go to. Would it be Global or MBNA?

 

Pookeymonkey, I've spent the last couple of days weepy and getting really down about the whole situation. Done with feeling sorry for myself now, and ready to face battle with these monsters; reckon they've done their worst now, by the way they've made us feel!

 

The postings have really helped me gain some focus back, so thankyou. Will try some easy breathing and hope that Ian doesn't think I'm too thick with my questions!

 

Leyla

[pookeymonkey]

Thanks for helping Ian.

 

The postings have really helped me gain some focus back, so thankyou. Will try some easy breathing and hope that Ian doesn't think I'm too thick with my questions!

 

Leyla

 

Hi Leyla:)

 

Remember knowledge is power, you can never ask enough questions:D

 

Good luck with the breathing, Pookeymonkey:p

[ian1969uk]

Leyla, send the reminder to Global as that's where you sent the original request. Wouldn't hurt to then send a copy of the original request and the reminder to MBNA with a short covering note stating that you are keeping them informed of the situation.

[LEYLA]

Thanks for the advice Ian,

 

I will do this today; it makes sense to inform both.

 

Leyla

[LEYLA]

Been away for a couple of days with family; not a care in the world - absolute bliss! Came back late last night to find a mountain of post on door mat, including letters from MBNA and Global Vantedge. OH how quickly it was back to earth!!!

 

The £1 payment sent to Global for the CCA, was returned to us by MBNA, with tick box list attatched, stating it was being returned because it wasn't made out to themselves. Then further letter from Global was computer copy of their first letter, informing us they were representing MBNA and wanted payment of arrears, over (wait for it) £400!!

 

SO - deep breath!! How does this work? Is this some sort of ploy to get out of CCA, by now inferring that we haven't met obligation to pay £1 fee under consumer rights?

As both MBNA and Global got reminder letters last week, what are they playing at? Does this all constitute as evidence against them, or are they playing reverse tactics and trying to get one on my poor old hubby?

 

Should I send another payment? Also, does their act cancel the CCA request and/or timing of it all?

 

An easily confused Leyla:confused:

[ScarletPimpernel]

The difficulty with MBNA is that they do not appear to act in any co-ordinated way when it comes to responding to their victims.

 

Global Vantedge are easily dealt with; don't answer their security questions, and tell them you will only deal with the matter in writing. Don't be fobbed off by their risible claims that UK law doesn't apply - it does. You an also inform them that they should not be attempting further collection action whilst the alleged debt is disputed, as they are in breach of OFT guidance, so you don't expect to hear from them until MBNA have supplied the agreement. They will back down, but you may need to be assertive; lots of 'have you understood what I have said?', 'please make a note of this because it is important... have you written that down?', 'is there any part of what I have said that you are not clear about?' stuff. Closed questions (i.e. yes or no answers), and sound as if you won't take any crap. They are working from scripts, and are actually in India (so English is not their first language); forcing them to deviate from the script screws them up.

 

MBNA's letter in re the cheque is probably a delaying tactic, because they probably don't have an agreement, and because they are an admin vortex. There's no reason for your CCA not to have been complied with - £1 is the maximum fee they are allowed to charge - it is not obligatory. GV have claimed in writing that they represent MBNA, so it's entirely appropriate that you sent the cheque to them. GV are required to comply, whether or not they are the original creditor; it's not enough to just pass it on.

 

Write back to MBNA, enclosing a cheque for £1 payable to them, but pointing out that your request was valid and properly served (since GV claim to be acting for them), and you expect them to comply within the statutory time limit. Mention OFT guidance and TS, too.

[LEYLA]

MBNA's letter in re the cheque is probably a delaying tactic, because they probably don't have an agreement, and because they are an admin vortex. There's no reason for your CCA not to have been complied with - £1 is the maximum fee they are allowed to charge - it is not obligatory. GV have claimed in writing that they represent MBNA, so it's entirely appropriate that you sent the cheque to them. GV are required to comply, whether or not they are the original creditor; it's not enough to just pass it on.

 

Write back to MBNA, enclosing a cheque for £1 payable to them, but pointing out that your request was valid and properly served (since GV claim to be acting for them), and you expect them to comply within the statutory time limit. Mention OFT guidance and TS, too.

 

Yes - I feel that it was a delaying tactic too! Just wasn't sure which direction to go in. They might be "PRATTS", but they are really good at adding confusion on an already fuddled mind!!

Thanks for the advice, Scarlet Pimpernel, further letters to be written and posted tomorrow.

[LEYLA]

OK Guys, HEEEEEEEEEEEEEEELLLLLLLLLLLLLLLLPP!!!

 

Sent the two letters and cheque as advised by SP.

Today, received large envelope with letter from MBNA,stating, that they enclose:-

 

Copy of the original credit card application

Terms and conditions

Recent statement of account.

 

O.K, so they've finally sent something, but it's a really poor photocopy of an application form to Bank of Scotland made in 1997!

Attached, is 4 pages of "Credit Card Agreement Regulated by The Consumer Credit Act 1974" which gives the lender as MBNA. Also sent another copy of July's statement which lists charges and interest amounting to £65.

 

What NOW? Do I take this as being an eforceable CCA? Have they met their obligation by sending this particular info? Do we hold our hands up and say "Fair enough, you've got us, we'll dance to your tune?"

Not sure what course of action to take now. Would welcome some advice. Most of you seem to be much more competent and clear about these things than I am! The fog is swirling around me once more

 

Leyla

[Josie8]

Can you post application form removing any details that could identify you first?

[LEYLA]

Hi Josie,

 

Have only managed to post one thing on another forum, but only cos son in law did it for me! Have read somewhere about 'photo bucket', but don't know what this is or where to find it for uploading?

[dpick]

Hi layla if you are still getting calls from MBNA this link may help it is an internal e-mail I got as part of my full S.A.R - (Subject Access Request) from MBNA I sent a load of e-mails to personel in MBNA that I had addresses for and calls stopped.

 

From MBNA internal e-mail donna pumfrey is coporate solicitor and has clout to stop the calls while account in dispute.

 

http://www.consumeractiongroup.co.uk/forum/mbna/111443-stopping-mbna-harassment-calls.html#post1089742

 

All the best dpick

[LEYLA]

here is the link to the application sent to me by MBNA

http://i231.photobucket.com/albums/ee5/howsey182/editedapplication.jpg

 

please have a look and tell me your thoughts

thank you

 

thank you dpick i will have a look and see what they can do.

[LEYLA]

Hi everyone,

 

Regarding above posting, where my wonderful son in law helped to upload scanned image for me.

Should I contact MBNA, on hubbies behalf, stating that photocopy of their so called "CCA" is illegible, and that it is in fact an application form made out with Bank of Scotland?

 

Does the terms and conditions which were attached, relating to MBNA now make it a proper agreement, which needs to be treated as such?

It would appear that nothing further was ever signed when BOS transferred card to MBNA and issued their new one.

 

Really unsure what I should do now, but must do something fairly soon, as both hubbie and I are now getting really wound up over this.

 

Really would be grateful for some advice from one of you clever forum friends.

 

LEYLA