MBNA - What a mess

Webbigail

Hi,

Just after some advice please. The short version is this, Had about £18k on a virgin CC agreed a full and final with them for £9K and requested they send it to me in writing before I pay. They apparently sent a letter on 27th Nov telling me to pay by Dec 10th or offer withdrawn. I didnt receive the letter so chased 3 times for it and also requested it was sent by email which apparentl "wasn't possible". Anyway I finally received the letter on December 12th (letter was dated Dec 8th) SO I called straight away saying that I had the letter and I wanted to pay but was worried becuase payemtn should have been received by 10th, they said it was fine and no furtehr action would be taken so I paid the 9K there and then and they said they would send me a letter saying the matter was closed.

I now have a letter from a debt collector asking for the remaing amount on the account, had a big argument with MBNA who are now saying that the payment wasnt received in time so I am liable! I am gong to write to them today to teh complaints dept etc but I am fuming.

What has annoyed me the most is the letter was dated the 8th Dec saying I had to pay by the 10th but further down it states that it takes 3 days for payments to clea errrrrrr DUH the letter gives me 2 days??

What do you think? Are they going to screw me for it??

GeorgeUK

Can you tell us what they agreed to?
Was it a full and final settlement?
Did they state that you would not be liable for the remaining debt?

I would probably write to them stating you intend to report them to the OFT, FOS and FSA.

Webbigail

Thanks for your reply.

Their letter states the following:

"This offer is conditional upon your payment being received no later then Dec 10th 2009. Upon receipt and clearance of the payment we confirm that no further action will be taken to recover the remaining balance and your account will be registered as a partial settlement with the credit reference agencies for six years"

My concern is that I paid on the 12th not the 10th as I didnt recieve the letter until the 12th. I have written to them today, should I forward the letter to the FOS or wait for their replt and then tell them I am writing to the FOS?

GeorgeUK

I would wait for their response so that you can show you've given them a chance to sort the problem before getting the regulators.

It would be impossible for you to make payment by the 10th so this may be a breach of the OFT Debt collection guidelines.

Webbigail

Thanks GeorgeUK, I have put in my letter that they did not give enough time for the payment to clear. The think I am worried about is that on the phone they told me that the letter was sent on 23rd November so as far as they are concerned they gave me enoguh time. It does show on my notes that I then contact them a further 3 times chasing and to say that I had not received the letter.