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Can MBNA do this?
Jolinar
Posts: 183 Forumite
DH is currently dealing with CCCS and has arranged a DMP through them. His first payment is due next month. In the mean time he's done the suggested token payment and written to all his creditors.
MBNA has now written to him with a form on which he's supposed to list all his assets so they can recover their money. They keep saying they haven't heard from him but I know he's sent letters and payments (payments have been credited to his account so they must have the letters!) I've even heard several conversions DH has had on the phone with them.
The letter lists all kinds of things they would like to do eg baliffs, attachment of earnings orders, employment verification process (what is this?) etc. Are they just chancing it here hoping to sent DH into a panic? Another thing they do say in the letter is that they will send a collection agent to his work place, now I thought that this is a big no no?
My understanding of the situation was that they had to apply to a court to get a CCJ first and that has to be defaulted upon before it even gets to the consideration of what assets you have or attachment of earnings orders?
Anyway thanks in advance for any insights
MBNA has now written to him with a form on which he's supposed to list all his assets so they can recover their money. They keep saying they haven't heard from him but I know he's sent letters and payments (payments have been credited to his account so they must have the letters!) I've even heard several conversions DH has had on the phone with them.
The letter lists all kinds of things they would like to do eg baliffs, attachment of earnings orders, employment verification process (what is this?) etc. Are they just chancing it here hoping to sent DH into a panic? Another thing they do say in the letter is that they will send a collection agent to his work place, now I thought that this is a big no no?
My understanding of the situation was that they had to apply to a court to get a CCJ first and that has to be defaulted upon before it even gets to the consideration of what assets you have or attachment of earnings orders?
Anyway thanks in advance for any insights
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Comments
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MBNA are well known for these tactics. Have none of it. Keep sending the same budget showing what you can pay along with the token payments and then the payment CCCS work out for you. MBNA will push hard to get something out of you before CCCS sort your payments, then push hard to get even more from you after CCCS work out what you can pay. You may even get to stage three with them where they offer you a consolidation loan, please don't accept this if they do.
People turning up at work. Well its possible as I've seen it done to others. Do your colleagues at work know about your financial problems? If they know you are paying off some debts then some guy turning up where you work becomes meaningless. MBNA are playing on the fact most people are
ashamed about being in debt so they try a bit of emotional blackmail.
Other than that they can't touch you without going to court.
Regards
XXbigman's guide to a happy life.
Eat properly
Sleep properly
Save some money0 -
Cheers X, that's what I thought, I'll tell him to stick to his guns!
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Just in case MBNA decide to go to court for a CCJ, keep copies of all letters that have ben sent and recieved as these can be presented as evidence when disputing a claimI am a debt counsellor working in the voluntary sector - we don't charge our clients for the work we do!0
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MBNA make a lot of very empty and quite frankly often very bizarre threats by letter. Fact of the matter is if you are dealing with CCCS (as I have been for the last 2 yrs), MBNA can't touch you with a bargepole, and they know it. There's no reason why you should have to send income and expenditure details to them, given that you have agreed it with CCCS (and CCCS know the tricks MBNA pull, by the way).
Watch out for some of MBNA's more dubious tactics, particularly their very ambiguous postcards which intimate someone will call on you week commencing (insert hand scribbled date here). I challenged them about this and the customer service bod (on the one occasion I rang them up) admitted these were sent to provoke a phone call, but that no one would actually call on the doorstep. This is tantamount to harrassment, as the postcard gives no indication of whom it is from...
I have a whole forest's worth of letters from MBNA. Since I have been with CCCS I have answered one (the aforementioned postcard), and yet I'm still paying them every month and interest is still frozen on my debt. At least it was, until they sold the debt to Wescot...for the third time. I shall write to Wescot and advise them of the situation (yet again), they will pass the debt back to MBNA and we'll be back to an avalanche of letters in due course.
In my experience the worst offenders since I've gone onto my DMP are MBNA and Halifax. The nicest ones are RBS (not one letter since I went onto it) and Barclaycard amazingly...
Essentially, they can whistle - quite why they think they have a more pressing need than other creditors is beyond me.0 -
Hear Hear!
I have had similar "issues" with them
The last call (3 days ago) they called demanding payment and I sat down to tell them this was the last time we were doing this. (I have lost count of the letters and calls). I offered them the amount and there was a lot of hot air from this woman about why I had to pay more.
So after spewing out all the stuff I have learnt from this site (!!YEAH!!) she almost backed off.
Her parting comments were nasty though. She told me that now they would pass the debt to a collection agency and they could charge what they liked on top of the money I owed and it would serve me right if I was paying this debt off forever.
I hung up on her at this point.
But to others points, we found Barclaycard little sods (although finally sorted) and Halifax were great.0 -
Ive had MBNA calling our home for months and months from call centres in India wanting to speak to my husband, they only call at approx 8.30am (trying to get out of the house for school run) 1am (trying to give the kiddies thier lunch) 5.00pm trying to give them thier tea. I then get a UK line? calling between 6pm 7pm when its bath and bedtime. My husband is very often not here and I have told them over and over again if they need to speak to him to put something in the post, they refuse to elaborate and tell me anymore as they can only speak to my husband. we had never heard of them before they started calling. All they would tell me is that they had money for my husband and he needed to make a claim ? ? I contacted our telephone supplier in the end who have been fantastic, a stop was put on our line, and also I was given a list of things to tell these cold callers to stop them calling. Hey presto the calls have stopped and the international bar on our line has now been lifted. (which has proven a nightmare as my husbands family are all ex-pats) It turns out after months of trying to tell them just post the info, and leave us alone we are not interested ..... we never took up an offer of a £15k credit card offer ? ? ?
so I never want to hear thier name again !!0 -
Thanks for the replies...in a way it's good to know that it's just the way they operate, but disturbing in another as they are so harassing and nasty.
Hubby has had one of those postcards this week, needless to say it got filed in the bin. We've just laughed our socks off at a message left on the answer machine pretending that they had arranged with hubby to call him when he's already told them to sod off and deal with CCCS.
We've also had a them calling using a bogus telephone number that will register on the caller display but when you try and call it the line gets cut off, they are getting sneaky! Basically if I don't recognise the number I don't answer these days.
He's also had MBNA saying they sell the debt then buy it back too, it all sounds very bizarre and no one else has been like this. Lloyds have been fantastic as have most creditors which really surprised me. Anyway hubbys first payment in soon so that should hopefully cut down on MBNA's little games!0
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