Threatening Treatment from MBNA

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:mad: I keep getting calls and letters from MBNA as I am in debt and working with the CAB trying to sort it all out, I have been making a £5 per month "token" payment to ALL my creditors, the only one who is phoning every day and sending letters about 3 times a week is MBNA, I last spoke to them today and was told that as they are an "American company" they do "NOT" come under UK Financial Rules and I must send them more money or they will send in "debt Collectors" to get the money or take "goods"... I don't think they can do this without a court order.. can they ? I have written to the CAB for some advice but I wont get that until late next week as the lady who is working on my financial plan is away until then,,,,, sorry just needed to put this down of "paper",,, as anyone else had this threatening treatment from MBNA,,, the rest of my creditors do contact me but all seem to OK about it, it's just MBNA, (and I owe them less than most of the rest of them).. sorry to ramble,, but feel better now its written down,,,Thanks :mad: :eek:
:beer: Keep your Chin up.. it can only get better :beer:
:confused: I'm one of those people who was born to have money, :confused:
:confused: but I just don't have any!:confused:
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Comments

  • sparkle84
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    MBNA are t*ssers I have reported them to the OFT for their lies, threats and unethical treatment, it is true they are an american bank but that means absolutely nothing - I was told that if I didn't pay up they would send men around in a white van with "debtor collectors" written on it - this isn't just against OFT guidlines it is in fact against the law which I told them and said if they did anything as stupid as that I would have the "men in the white van" arrested.

    Its easy to say but you must understand they are bullies and like all bullies if you stand up to them they will back down - I found a good ploy was, if I couldn't think of what to say to them just laugh at them - actually laugh and when they ask why just say they are talking rubbish and hang up the phone.

    In answer to your question no they can't send anyone around to take goods or do anything else their anger comes mostly from the knowledge that if you are paying something and dealing with your debt with the help of CAB there is nothing they can do to you at all.
  • rainbowseeker
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    God, as someone who has 4 cards under mbna's umbrella, reading posts like this is really unnerving, so thanks so much to strong people like sparkle who know how to stand up to them (makes those of us who are lily-livered a little bit calmer). At the moment I'm still awaiting a response from my offer of reduced payments, but with so many negative posts about mbna, I'm not overly optimistic. Still, forewarned is forearmed and at least the continuous calls haven't started yet - something to look forward to. :(
  • Turning_into_scrooge
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    Surely if a company that is regulated by the FSA and the OFT which are regulating bodies for the UK has to work within the rules set down by the regulating bodies for the country that they are operating in. I wouldn't for one min believe that they do not have to follow British law because they are an American company, they HAVE to or they would not be licensed here. Contact National debt line or CCCS for advise on this and let them take the burden off your shoulders, these kind of company's stand up and take note when they are involved. Also if you have already been defaulted by this or any other company don't worry about he debt being passed on as then you can give a full and final settlement figure of a lower amount than what the original company would of accepted as the amount is sold on for very little. Don't let them get you down, deal with them only by letter not over the phone, search out the posts by harassed as he has posted some really good letters to send out to collection company's and more importantly, don't worry. if it ends up going to court and you show that you have tried to deal with them then the chances are the court will rule in you favour not theirs.

    Feel free to PM me if you want to chat, i had a similar problem with a loan i had from direct line and open + direct 12 months ago, it was hell.
  • Jule$
    Jule$ Posts: 20 Forumite
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    When I first started my DMP with the CCCS I went through this with MBNA too as did a friend of mine.
    They are full of empty threats. They threatened to take my house!!! I don't think so! Threatened to send debt collectors round, threatened to take me to court, you name it they threatened it. I just stood my ground and just kept repeating that I was on a DMP and they would get what I could afford and not what they wanted.
    At one point I even got a card through the post saying that someone would be calling that day, they never did!
    Eventually they started offering me reduced full and finals one was even for just 20% of the balance owed, unfortunately I couldn't take them up on it. They then rang again and threatened me with debt collection, either pay what they wanted or they would had it over to a debt collection agency. I asked them to please hurry up and do that as the DCA couldn't be as bad to deal with as them.
    Within a few weeks it was handed to a DCA and they accepted my payments offered by the CCCS.

    Just stand your ground and don't let them bully you, you can also request that they only contact you by letter, I have done this with all my creditors and I don't get any phone calls now although I am 18 months into my DMP and things are fairly settled (fingers crossed).

    Another thing, when MBNA where calling me they didn't always withhold their number and I was able to screen some of their calls. If this is still the case and you know it is them ringing just don't answer.

    Good luck and don't let them get to you they aren't worth it!!!

    Jules
    Debt at highest May 2004 - £65,639.22 :eek:
    Started DMP with CCCS 1st June 2004 - Best decision I ever made!!!!!

    Debt now July 2006 £55829.85 and still with CCCS
    Debt Free Date - 24th Jan 2016 :j


    Grocery Challenge - £45 per week
    Spent So Far
    Week 1 20th July - £12.49 so far - £32.51 remaining
  • AGB863
    AGB863 Posts: 521 Forumite
    First Post First Anniversary
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    Wether or not they are an American company, to trade / deal in the financial world in the UK, they have to have a licence issued by the Office of Fair Trading and as such there are guidlines that they have to adhere to when collecting debts otherwise a complaint can be be made and they could have their licence revoked.

    Below is part of the guidlines for you to read, esp the threating to send in collectors etc

    Here are a couple of the relevant section from the OFT's guidance for debt collectors


    2 UNFAIR BUSINESS PRACTICES

    Communication

    2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.
    2.2 Examples of unfair practices are as follows:
    a. use of official looking documents intended or likely to mislead debtors as to their status, e.g. documents made to resemble court claims.
    b. leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge
    c. those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is
    d. unnecessary and unhelpful use of legal and technical language, e.g. use of Latin phrases
    e. failing to provide debtors or creditors with information on status of debts, e.g. not providing requested balance statements when reasonably requested
    f. contacting debtors at unreasonable times
    g. ignoring or disregarding debtors' legitimate wishes in respect of when and where to contact them, e.g. shift workers who ask not to be telephoned during certain times of the day
    h. asking or instructing debtors to make contact on premium rate telephone numb

    Physical/psychological harassment

    2.5 Putting pressure on debtors or third parties is considered to be oppressive.
    2.6 Examples of unfair practices are as follows:
    a. contacting debtors at unreasonable times and at unreasonable intervals
    b. pressurising debtors to sell property, to raise funds by further borrowing or to extend their borrowing
    c. using more than one debt collection business at the same time resulting in repetitive and/or frequent contact by different parties
    d. not ensuring that an adequate history of the debt is passed on as appropriate resulting in repetitive and/or frequent contact by different parties
    e. not informing the debtor when their case has been passed on to a different debt collector
    f. pressurising debtors to pay in full, in unreasonably large instalments, or to increase payments when they are unable to do so
    g. making threatening statements or gestures or taking actions which suggest harm to debtors
    h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment
    i. disclosing or threatening to disclose debt details to third parties unless legally entitled to do so
    j. acting in a way likely to be publicly embarrassing to the debtor either deliberately or through lack of care, e.g. by not putting correspondence in a sealed envelope and putting it through a letterbox, thereby running the risk that it could be read by third parties.

    The link to the whole document well worth a read.

    http://www.oft.gov.uk/NR/rdonlyres/...50/0/oft664.pdf
    I am a debt counsellor working in the voluntary sector - we don't charge our clients for the work we do!
  • scottygees
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    My wife also has a debt with MBNA and like yourself I too was worried about the consequences.Payplan will be contacting them on her behalf once they have received their paperwork back. There is some good advice, see my own link currently on page 7 of this forum,that will hopefully help put your mind at rest. I would just stick to your guns about what you can afford. I will keep this forum updated regarding our situation and MBNA,maybe if everybody else who has them as a creditor does the same, we may be able to use this to our advantage when dealing with them.
  • sparkle84
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    Morgan Stanley are also an American bank who when they were contacted by cccs on my behalf with my offer wrote to me saying fine we accept that for a year will review in October 2006 and I have never heard from them again I feel that was more than reasonable it is fair that the situation should have a yearly review being an American bank working out of the UK didnt seem to turn them in to agressive rude bullies.
  • sparkle84
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    God, as someone who has 4 cards under mbna's umbrella, reading posts like this is really unnerving, so thanks so much to strong people like sparkle who know how to stand up to them (makes those of us who are lily-livered a little bit calmer). At the moment I'm still awaiting a response from my offer of reduced payments, but with so many negative posts about mbna, I'm not overly optimistic. Still, forewarned is forearmed and at least the continuous calls haven't started yet - something to look forward to.

    Do not be scared they can do nothing to you - once they rang as corrie street was starting I asked them to hang on and just left the phone down until it was over - didn't hear from them for a while after that. I am paying all my debts back with the help of CCCS but I will not be bullied or be made destitute by billion dollar companies while doing this.
  • Justindebt
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    *I will not be bullied or be made destitute by billion dollar companies*

    Brilliant, Sparkle.

    That's my new motto.

    Thank you.
  • severussnape
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    I have been reading posts on here for quite a while.

    Everyone above is correct. MBNA are bullies who will try to scare you into anything as long as they can get some money out of you at the end of it.

    Just remember YOU CAN'T GIVE THEM WHAT YOU HAVEN'T GOT.

    Don't give them anymore than you are giving the rest.Try not to let it get you down either. I know its easy for me to say but I am trying to help a friend with the same problem.

    Beware though MBNA have just sent her interest through the roof.

    good luck
    Light Bulb Moment 1st January '06-£82,000 :idea:
    Debt 6th August '06 -£91,500 :eek:
    Bankrupt 7th August '06 :o
    BCSC Member 17:T
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