MBNA problem

happy_peach

Hi All

I was hoping for some advice.

I have had MBNA on the phone twice today telling me that despite being on a Management Plan with Payplan, that does not cover arrears on the account. They also told me that they cannot talk to Payplan about my account, this is despite me signing Payplan's authority to act form.

Are MBNA correct?

Thanks

Peach x

fermi

happy_peach wrote: »

I have had MBNA on the phone twice today telling me that despite being on a Management Plan with Payplan, that does not cover arrears on the account.

It covers everything. It is up to MBNA whether they freeze interest or charges, but that is it.

happy_peach wrote: »

They also told me that they cannot talk to Payplan about my account, this is despite me signing Payplan's authority to act form.

Are MBNA correct?

No. The are talking utter nonsense.

In fact, it is against the Office of Fair Trading guidelines on collections to refuse to deal with them:

2.8 Examples of unfair practices are as follows:

....

c. refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent advice centres or money advisers

d. contacting debtors directly and bypassing their appointed representatives

e. operating a policy, without reason, of refusing to negotiate with debt management companies

That is in black and white from the OFT, so it is clear that MBNA are talking nonsense and a trying to be deliberately obstructive here.

rog2

happy_peach wrote: »

Are MBNA correct?

In a word, peach - NO.

• Your DMP is to manage all of your debt. Unless MBNA have re-written the dictionary, then the arrears form part of that debt and are, probably, the overriding reason that you have entered into a DMP.
• The OFT Debt Collection guidelines Section 2.8) clearly state that "Refusing to deal with appointed or authorised third parties, such as Citizens Advice Bureaux, independent Advice Centres or money advisers" is considered to be "unfair Practice: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Talk to Payplan as soon as possible.

happy_peach

Thanks Fermi, much appreciated!

I asked the girl I spoke to that they contact Payplan directly and she said this has been noted, but that was not how things worked.

I will take a note of the OFT quote you have given, and if MBNA phone again, I will quote it!

Thanks again!

Peach x

fermi

The whole OFT guidance can be read here:

Office of Fair Trading - Debt collection guidance (pdf)

If they tell you that again I would be tempted to ask them to put it in writing, because you would like a copy to include in your complaint to the OFT.

I bet you they refuse.

fermi

Oops! Several cross-posts with rog2 there.

rog2

fermi wrote: »

Oops! Several cross-posts with rog2 there.

GMTA - fermi. :beer:

happy_peach

Thanks Rog2!

I have emailed the details to Payplan today. Should hear back on Tuesday when they are back in the office.

Thanks Fermi!

Will read the OFT guidelines today and commit them to memory!

Hope you both have a great weekend! You both deserve :beer: and :T

Peach x