MBNA Ignoring me, please help

[KASKA1]

At my wits end with this company just short of slitting my wrists i decided to Google MBNA problems and sadly found just how bad they are.
I would be very grateful for any advice with my problem, please :tinysmile_kiss_t4:

After a 2 year battle in the courts over child custody i fell into arrears with my card. I made contact and tried to resolve over the phone, sadly speaking to what is best described as a robot. Got offered loans however as i live in the Isle of Man, due to tax reasons that was no good.

After the usual 10 phone calls a day from them starting at 7am and up to 10.30pm, i started writing, EVENTUALLY i got a responce and had to fill expenditure form in, this showed i should pay a third of my current payment.
I asked taht if i did this, could they possibly freeze the balance as the former matrimonial home is being sold and i'd pay the debt off (15k)
No one would confirm that this or that the new payment schedule was accepted or that the PPI i previously had could be used for missing payments whilst off work sick for 5 months.
I have received 7 more expenditure forms to fill in, starting 1 week after the 1st one.
I leave messages on line and send numerous letters recorded delivery, many of which seem to be ignored. I have addressed the letters to those stated as being in charge in letters sent to me, yet google suggests they may not even exist.

It's been 7 months now, the debt is increasing now to over 16K, all i get is " it is being looked into" my total debts now stand at 56K and 15K is put aside for MBNA, i simply can't go any higher and it's the charges increasing it.

Is there a real person i can speak to? is there something else i should be doing? should my balance keep increasing if i am paying the new minimum payment as per my expenditure form?

Any help no matter how small would be great please folks, right now i feel like doing a runner and sod em!
cheers

[CleverClogs]

Re: MBNA Ignoring me, please help

At my wits end with this company just short of slitting my wrists i decided to Google MBNA problems and sadly found just how bad they are.
I would be very grateful for any advice with my problem, please

To start with, that wunch of bankers aren't worth that.

After a 2 year battle in the courts over child custody i fell into arrears with my card. I made contact and tried to resolve over the phone, sadly speaking to what is best described as a robot. Got offered loans however as i live in the Isle of Man, due to tax reasons that was no good.

Are MBNA actually licensed in the Isle of Man under the Banking Act 1975 or registered under the Moneylenders Act 1991?

After the usual 10 phone calls a day from them starting at 7am and up to 10.30pm,

I am hardly as expert on Manx Law, but I believe that may be an offence contrary to section 10 of the Moneylenders Act 1991 - PDF link - for which the maximum penalty is only six months in gaol, a fine of £5000 or both. It is a pity that Tynwald abolished birching some years ago, as I believe a more appropriate penalty would be some 50 or 100 strokes of the birch to be publicly applied to the CEO's bare buttocks.

I have received 7 more expenditure forms to fill in, starting 1 week after the 1st one. I leave messages on line and send numerous letters recorded delivery, many of which seem to be ignored. I have addressed the letters to those stated as being in charge in letters sent to me, yet google suggests they may not even exist.

You should not bother too much about those idiots ignoring you, as it is a disservice they provide to everyone.

Requiring repeated copies of forms to be completed is another form of harassment. Have the telephone calls ceased or has their frequency merely reduced?

Is there a real person i can speak to? is there something else i should be doing?

You could try sending an email to their CEO, Ian O'Doherty - ian.odoherty@bankofamerica.com - but you really ought to report their harassment of you to your local authorities.

Any help no matter how small would be great please folks, right now i feel like doing a runner and sod em!

If they have not complied with Manx Law, they might not be able to collect money in the Isle of Man. Even if they are licensed or registered, the contract may be reopened under section 11 of the Moneylenders Act 1991 and amended if considered to be extortionate or unfair.

Harrison v Link does not, of course, apply in Mann, but it may be considered persuasive.

[Angry Cat]

Re: MBNA Ignoring me, please help

At my wits end with this company just short of slitting my wrists i decided to Google MBNA problems and sadly found just how bad they are.
I would be very grateful for any advice with my problem, please :tinysmile_kiss_t4:

After a 2 year battle in the courts over child custody i fell into arrears with my card. I made contact and tried to resolve over the phone, sadly speaking to what is best described as a robot. Got offered loans however as i live in the Isle of Man, due to tax reasons that was no good.

After the usual 10 phone calls a day from them starting at 7am and up to 10.30pm, i started writing, EVENTUALLY i got a responce and had to fill expenditure form in, this showed i should pay a third of my current payment.
I asked taht if i did this, could they possibly freeze the balance as the former matrimonial home is being sold and i'd pay the debt off (15k)
No one would confirm that this or that the new payment schedule was accepted or that the PPI i previously had could be used for missing payments whilst off work sick for 5 months.
I have received 7 more expenditure forms to fill in, starting 1 week after the 1st one.
I leave messages on line and send numerous letters recorded delivery, many of which seem to be ignored. I have addressed the letters to those stated as being in charge in letters sent to me, yet google suggests they may not even exist.

It's been 7 months now, the debt is increasing now to over 16K, all i get is " it is being looked into" my total debts now stand at 56K and 15K is put aside for MBNA, i simply can't go any higher and it's the charges increasing it.

Is there a real person i can speak to? is there something else i should be doing? should my balance keep increasing if i am paying the new minimum payment as per my expenditure form?

Any help no matter how small would be great please folks, right now i feel like doing a runner and sod em!
cheers

Isle of Man - UK ECC-Services

[Quote]
Isle of Man Trading Standards can be contacted through:
Isle of Man office of Fair Trading
Government Buildings
Lord Street
Douglas
Isle of Man
IM1 1LE
email: iomfairtrading@gov.im
Trading Standards - Isle of Man Government Office of Fair Trading

[KASKA1]

Re: MBNA Ignoring me, please help

Hey guys thanks for your replies :-)
I hAve this morning wrote (again!) to Paul Campbell, Martin Supple and Gail Porter. I also sent a copy via email to the CEO.

I have basically requested that we come to an agreement within 14 days and stated if not i want various bits of information going back 2 years and requested a copy the relevant act that they are licensed under for the Isle of Man.
Also as i am confident the former matrimonial home sale will go through shortly, then once sold i will have no possessions or property of any real value left and i'll be paying off everyone else first before them. which will then result in a complete default of our agreement and stating i'll take me chance in court thanks very much!.

Went there so often with the divorce, so hell why not.
Oh anyone know if it would have to be an English court or could it be a Manx one as i favour the latter

Any other ideas or related links though, please fire away...
again thanks

[CleverClogs]

Re: MBNA Ignoring me, please help

It would be a Manx court, of course; if they were sufficiently daft to start a claim in the English courts - which they probably would be - you should tick the box on the summons for challenging the jurisdiction and state that you are a Manx citizen.

Can you have a chat with a Manx lawyer for free or for a nominal sum, or go to a local Citizens Advice Bureau?

[KASKA1]

Re: MBNA Ignoring me, please help

Well an update already!
Though i done 3 copies of my "ACCOUNT IN DISPUTE" letter this morning, i also sent this time via email a 4th copy to Mr O'doherty. Well when i got home from work and before posting the 1st 3 copies, i had an email from Gail Powell who had been sent a copy by O'doherty.

I am told a full investigation is to take place and within the 14 days i requested it in.

As i now had her full contact details including email i took the oppurtunity to let her know that yet more letters arrived today including another expenditure form which i stated i wouldn't be filling out as my debts were the same now as they were 4 weeks ago.
20 mins later a responce stating that all phone calls and letters have been stopped, unless off a legal requirement.

Is this a sign of things getting sorted to everyones satisfaction you think?
well i dunno, so to be on the safe side my internet investigations continue and yes, I will be having a wee chat with a lawyer just in case so i am armed and ready.
Thanks for the input so far folks

[CleverClogs]

Re: MBNA Ignoring me, please help

You are most welcome; thank you for having allowed me to be of some help.

[chrissiej]

Re: MBNA Ignoring me, please help

Just an observation of my personal experience with MBNA, I have three cards with them (MBNA, Virgin and BT) and it took them seven months to agree the income and expenditure forms, but eventually they did and they refunded all interest and penalty charges back for those seven months. So it definitely pays to keep on plugging away.
Best of luck
:-)

[Crispybacon]

Re: MBNA Ignoring me, please help

Hi Kaska

I'm afraid I know nothing of Manx law and how this would differ to UK law but I can offer advise on some of your other issues:

Don't let this bunch of scumbags get you down. NO creditor or debt is worth considering taking your own life for. Their actions are down to both incompetence and a deliberate ploy to try to wear you down so don't let them. The good news is their incompetence can be used to your advantage.

My DW also had exactly the same issues you have faced with MBNA though she got into debt for different reasons.

Harrassment went on for many months, and in the end it was a CCA request which resulted in MBNA admitting the debt was unenforceable that shut them up.

I'm pleased that it would seem you are getting somewhere by contacting those higher up in the organization and bypassing the call centre monkeys.

As has already been said keep plugging away and don't let them get you down. Keep all your letters you have sent to them documented and as evidence so that if they did ever go to court (highly unlikely) you could demonstrate what incompetent and unreasonable fools they are.

Best

Crispy

[whatnest]

Re: MBNA Ignoring me, please help

I've got two cards with these monkeys, one MBNA and one Virgin.
First thing i suggest is to write to them and tell them you only wish to be contacted in writing and not by telephone (use format letter on this site) . This will stop the phone calls.....as they will probably use this method again !!!
I also found that they refunded charges, but it did take a long while to get sorted.

With regards to any offers to them (re the £15K) i suggest you use this money to make Full and final offers on all your debts not just the MBNA one. An offer of £15K on £56K is a reasonable offer and MAY be accepted.
Are you paying interest on any of the other debts ?
Are the other debts on Credit cards ?

[KASKA1]

Re: MBNA Ignoring me, please help (UPDATED)

Hey thanks for your input

Well bit of an update, AFTER i sent my last letter which was titled "Account in dispute" i then received a DEFAULT NOTICE under section 87(1) of the consumer credit act 1974
I was somewhat ****ed about this as it stated i had missed payments, which i never they were just lower than what i should have paid, but were exactly as per their expenditure form calculations dictated!

Anyway a week later i then received a responce to my complaint and they have formally agreed to the reduced payments and the account is now set at 0%.
Also they backdated this a few months so reducing my balance by just over a grand. So a result in that respect.
I owed them just over 16K, now it's 14.8K

I then asked if the default notice would now be cancelled and i was told no, not at all and of course this effects my credit rating quite a lot.
So now am ****ed again! i have tried for months to sort this, through only their neglect it wasn't, i've always made the payments as the expenditure form said and now am still in bleedin default.........

This has annoyed me so much am inclined to say stuff it, i was trying my hardest to sort things sensibly and in their interests more than mine, why should i bother.

So rant over, if anyone has any input on this last bit, please let me know, in the mean time am requesting a copy of my agreement and what ever else you guys think.

Many thanks so far and glad i have somewhere to rant about them...
cheers folks