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CCA Not Received for 11 months...! Please Help..!

124

Comments

  • chattychappy
    chattychappy Posts: 7,302 Forumite
    raga wrote: »
    Thanks guys, a bit clearer now; I will write to them and dispute the high interest. Whom shall I write to? The DCA or MBNA?

    Write to MBNA first. Stay focussed on the dispute - remember you are not disputing the interest because it is high. The dispute is that in return for a fee, they offered a LOB deal which you accepted. Therefore this is the rate they should be applying. They don't have the right to alter this whilst you stick to the terms.

    Say you are writing because they have failed to resolve this by telephone. In the meantime the increased interest has caused you to miss payments and has been a considerable concern.

    No need to use legal terms. It can look ridiculous if you get it wrong. Getting the English a bit wrong won't be a problem either. Just keep what you are disputing clear and concise. Say what you want them to do: ie the excess interest credited, and the charges refunded. The tone should be fair and reasonable - don't lace it with exaggerated demands or emotional language. Although you are writing to MBNA, you have to be writing on the basis that you might end up having to forward this to the ombudsman. The aim is to make you look sensible and your claim that MBNA messed up the most likely explanation.
  • ILW
    ILW Posts: 18,333 Forumite
    Why have you stopped paying?
  • raga
    raga Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 15 September 2010 at 10:43AM
    chattychappy wrote: »
    The dispute is that in return for a fee, they offered a LOB deal which you accepted. Therefore this is the rate they should be applying. They don't have the right to alter this whilst you stick to the terms.

    Above is what I exactly said to MBNA in the phone conversation. But it took me nowhere. I will write to them now.
    Cheers for the advice.

    ILW wrote: »
    Why have you stopped paying?

    I had a paycut and was not afford to pay the high interest. I was trying to pay off the debt gradually; with the LOB, I was paying about £100 of the debt balance and about £90 for the interest. With interest rocketting to over £220, if I'd continued, I will still be with the original debt.
  • ILW
    ILW Posts: 18,333 Forumite
    raga wrote: »


    I had a paycut and was not afford to pay the high interest.

    Would the interest rate have made much difference to the minimum payment?
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    ILW wrote: »
    Would the interest rate have made much difference to the minimum payment?

    Suspect it might have done with MBNA - in my case the minimum is interest + £5 (or £25, can't remember).

    But obviously this wasn't justification to stop paying entirely.
  • raga
    raga Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Another one,

    I have been receiving text messages from CMC (Credit Management Co), must be the DCA, offerring discount etc..(one is below)

    "OFFER!!! Mr XXXX, call CMC on 08453082299, quoting MBHXXXX to take advantage of this "

    but I am just keep ignoring them all. What is the worst the DCA can do apart from DN? Can they take me to court? or do anything to my property?
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    raga wrote: »
    Another one,

    I have been receiving text messages from CMC (Credit Management Co), must be the DCA, offerring discount etc..(one is below)

    "OFFER!!! Mr XXXX, call CMC on 08453082299, quoting MBHXXXX to take advantage of this "

    but I am just keep ignoring them all. What is the worst the DCA can do apart from DN? Can they take me to court? or do anything to my property?

    I have no experience of these companies, hopefully someone else will chime in.

    But I would have thought that if they are making you a genuine offer you should at least find out what it is and consider taking it. Why dismiss it out of hand?

    Sure, you can be taken to court and theoretically your property taken.
  • ILW
    ILW Posts: 18,333 Forumite
    It is unlikely they will just walk away due to a dispute over interest rates. If it goes to court and you can prove that they didn't give the deal offered AND that you have complied with you side of the bargain then you may get a result. Just bear in mind that the longer you keep paying nothing, the more unlikely it is that you will ever get a mortgage
  • raga
    raga Posts: 30 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Will give them a ring and find out what they can offer. Will keep you all updated. Cheers.
  • PARIS_5000
    PARIS_5000 Posts: 868 Forumite
    raga wrote: »
    Will give them a ring and find out what they can offer. Will keep you all updated. Cheers.

    Never call a DCA always contact them in writing so that you have proof.
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