Help and advice needed for an angry Newbie up against RBS and MBNA

[George1958]

Hi to all.

My problem is long-wnded and two-fold, but stem from a common root. So if you can bear with me that would be great, hopefully I won't bore you too much.

The first part of the problem is I have/had an MBNA credit card which I have run up debts of £10K, this is a personal credit card but was mainly used for business expenses. This card was issued about 5 years ago.

The second part of the problem is the business I owned and ran, had an overdraft facility of £15K, however I merged operations with another company and ran down the original business pretty quickly.
To ease cashflow with the second business, it was easier to get a £10K extension to the original overdraft, than to get a new overdraft facility for the new business. This extension was given to me even although there was no transactions from or to the bank accounts for the original business for almost a year.

I firmly believe that both these institutions encouraged me to take this debt.

After burying my head in the sand for some time, although my business partner taking and running off with almost £100K from the business didn't help, the demands for repayment of the overdraft and the credit card become quite serious.

The CCCS were great and helped me set up a debt management plan, and I now contribute a monthly amount of £518 to this dmp for dispersal to these two creditors.

MBNA and RBS were and still are totally unsympathetic, I had asked initially that all interest be stopped to allow me to regain some stablity, but that seemingly was not their policy. Total amount now due is £41K.

So now I would like to create my own policy and bite back.

Any advices would be greatly appreciated.

Thanks for reading.

Kind Regards

George

[sunflower99]

Hi !welcome to CAG! i discovered Cag when my life was being made unbearable by MBNA phonning my home and workplace several times a day when could not afford to make my minimum repayment regulary on card and ran up similar amount to you on my card,you say card was taken out about five years ago! was that in 2003 or 2004 sort of time?Have you tried sending MBNA a s78 request to see if there is a chance they hold an unenforceable agreement as a lot of MBNA agreements round about this sort of time or earlier are unenforceable becuse they not correctly executed or have been shreeded !and as a result good chance they may not be legally enforceable!

[George1958]

Hi Sunflower99

Thanks for the welcome, and showing an interest in my problem, as well as taking the time out to reply. It is very much appreciated.

As you can probably guess, I'm very much a novice at all of this but I'm a very willing and eager learner.

The scary part for me is constant harassment almost bullying by these institutions, and to be honest I am fast approaching the desparation stage and in need of some hope and encouragement.

What is an S78 request? Since I've asked that question then you'll know I haven't requested that of MBNA. Is that the Letter N template?

What happens if the Agreement is unenforceable? Is the debt written off, or will it still waft around me like a bad smell?

You don't happen to know anything about overdrafts do you? RBS is making me lose my hair over their tactics.

Again Sunflower99 thanks for taking the time out to reply to me. Any advice or pointers will be greatly appreciated.

Manky Thanks

George

[George1958]

Hi to all.

Honestly I'm trying to keep this as short as possible, but I'm almost at breaking point with MBNA and RBS, and any help would be greatly appreciated and received. I honestly haven't had a decent sleep in months, and I seem to have aged ten years in the past two.

My problem is long-wnded and two-fold, but stem from a common root. So if you can bear with me that would be great, hopefully I won't bore you too much.

The first part of the problem is I have/had an MBNA credit card which I have run up debts of £10K, this is a personal credit card but was mainly used for business expenses. This card was issued about 5 years ago.

The second part of the problem is the business I owned and ran, had an overdraft facility of £15K, however I merged operations with another company and ran down the original business pretty quickly.
To ease cashflow with the second business, it was easier to get a £10K extension to the original overdraft, than to get a new overdraft facility for the new business. This extension was given to me even although there was no transactions from or to the bank accounts for the original business for almost a year. I did sign a personal guarantee for the original overdraft and the extension, well at least I think I did, but there is no charge over my house.

I firmly believe that both these institutions encouraged me to take this debt.

After burying my head in the sand for some time, although my business partner taking and running off with almost £100K from the business didn't help, the demands for repayment of the overdraft and the credit card become quite serious.

The CCCS were great and helped me set up a debt management plan, and I now contribute a monthly amount of £518 to this dmp for dispersal to these two creditors. But this is taking it's toll and is becoming unsustainable both financially and mentally.

MBNA and RBS were and still are totally unsympathetic, I had asked initially that all interest be stopped to allow me to regain some stablity, but that seemingly was not their policy. Total amount now due is £41K.

So now I would like to create my own policy and bite back.

First question: What do I do about MBNA, how do I get this monkey off my back? Sorry just realised that's two questions.

Second Question: I am of the opinion that RBS took advantage of my cashflow situation with the new company and employed some dubious tactics to extend the overdraft of the original company Am I correct and waht can I do about it? Sorry thats another two questions.

Any advices would be greatly appreciated.

Without sounding sycophantic, spelling is not my strong point, I only realised this site existed in the past few days, but I must congratulate all contributors on such a display of goodwill and unpaid public service.

Thanks for reading.

Kind Regards


Are you letting your bank keep your money Are you giving away thousands of pounds??

Many people aren't claiming all of the money they are entitled to when they make their bank charges claims.

You have been forced to pay unfair bank charges.
Have you forgotten that your bank has charged you inteest on those charges?
If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you.
Yet you are paying interest to the bank - on your own money!!!

Follow this link to see the discussions on this.
You might even double th size of your claim.

[dx100uk]

i will guess that you have not used the card in ages so all what you are suffering is down to late fees & charges & the associated
int?

if so

time to fire off an Subject access request
and get reclaiming ALL the charges + interest at THEIR rate
i would also look into if you have PPIwith them?

if so grab that back.

RBS are a diff one there is a forum for them i'd have a read in there & post there too.

they certainly sadly do nothingto help customers!!!

dx

[banker_rhymes_with]

Hello!

Firstly, I see you have only made 3 Posts, so far. What I will say next is to try and hide your identity, and is well intentioned.

I suspect your CAG ID and real name may be very similar, which is why I have not said hello to your name.

I'd like to suggest that if your CAG ID and real name is similar, we should get the Site Team to change it, and then I'd suggest you go back and edit your 3 Posts to take out your closing name on each Post.

The reason for suggesting this is to get you started on CAG without you embarking on this with your identity blown from the outset.

I'll alert the Site Team, and they may edit your CAG ID and Posts to protect your identity. So, if you log in next and see things have changed a little, then that is the reason.

Once that has been done, then it's safer to help you and get you started on this, without MBNA/RBS spotting who you are.

You do not want to give either a heads up, because then they will know what your moves are going to be.

Cheers,
BRW

[sunflower99]

A S78 request is basically a request to crediter for copy your original agreement .Pre 2007 agreements have to follow a very strict format laid down by Consumer Credit Act 1974 and if they dont comply to this format the crediter has problems and the agreement may even be completly unenforceable if the agreement does not contain certain prescribed terms and MBNA ones are very often not correctly executed and quite often have these prescribed terms missing !If these prescribed terms are mising on original agreement even if they manage to dig out some original signed application form or agreeement.they got problems ! as in pre 2007 agreements if these prescribed terms and signature not in same document ie in four corners so to speak the agreement is not legally enforceable! so MBNA and any other credit cards taken out in that time scale are worth sending this CCA request too and if they ont respond within 12+2 days people are within their rights to with hold paymentAlso a lot of banks made the mistake of shredding original agreements and just doing copies when requested which again gives them problems as under court Civil Procedure rules or any sort of legal action the bank can be compelled to bring the orriginal into court and if they try and fob court of with a micrfilch copy they got problems and the bank can be fought on this issue as well!

[sunflower99]

Send them a letter called a CCA request. This is a request under the Consumer Credit Act for a copy of the original credit agreement. Essentially, this is the document that proves that you have an enforceable debt. It must contain certain terms and be in a specific format. If they can't provide this, then it puts you more in control of the situation. You have to send a £1 postal order and it is advisable to send this by recorded delivery. I can never find this template, so here's a copy of the one I sent them:

MBNA Europe Bank Ltd
PO Box 1004
Chester Business Park
Chester
CH4 9WW



2008

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxxxxxxxxxxxxxxx

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

[sunflower99]

The above letter with comment and advice from Fred taken from my MBNA thread and was the letter i used for my CCA s78 request! you will need ro send them a £1 postal order as that is the statuoary fee set by the law Also dont sign it! Just print your name! as one of the golden rules drummmed into me by Caggers is best not to sign things

[sunflower99]

To answer your other questions i am afraid even if the agreement unenforceable be prepared for a long haul as MBNA will deny it and still try and bully you still phonning you sending threatograms ,and the dispute can go on for a few years !and just to warn you they will default you and either try to take you court or pass on your debt to other scumy ponfeeder DCAS after several monthes ,At moment i am locked in a battle with MBNA as after nearly a year of not paying them they have now set some solicters called Restons on me who have issued court paper sso i will be going to court but as im sure it not an enforcrable agreement and think they are trying to imply my alleged CCA has a reverse or scond page which has prescribed terms on which me and other Caggers think is dodgy so i have sent in a defence and am going to fight them on this ,One encouraging thing is a lot of people taken to court by Reston/MBNA have have won and i am getting help to defend myself .But whatever happens you will get help from Cag to deal with all problems that crop up and people on cag have been life savers to me ,I even got one lovely Cagger offering to go to court as a court buddy on day so i will not face court on my own! so honeslty you come to right place for help and whatever MBNA throws at you there will be someone to offer you help and moral support! if you manage to get away with not paying DCA for six years and making sure in letters you state do not acknowledge debt and that account in dispute the debt becomes staue barred after six years and again debt can not be legally enforced! I am afraid i dont know a lot about overdrafts as different rules apply to them but if you got bank charges on bank account you can claim back unfair bank charges plus interest charged on them and many caggers have won these cases and got quite a bit of money knocked of their overdraft to make things easier!i not been down that road yet as very busy disputing my credit card with unenforceable agreements

[George1958]

Hi DX

Thanks for the reply. As you've probaly guessed IT and myself don't go together all that well, I've posted the thread in the wrong forum.

You are quite right regarding MBNA, the card hasn't been used in ages, and I would agree that charges and fees make up a lot of the outstanding debt.

Is there a letter template for a "Subject access request" I can use?

Thanks for the advive it is appreciated.

[George1958]

Hi DX

Thanks for answering my query.

I'm afraid I've posted this in the wrong forum, but that just confirms IT and me don't ger along.

Anyway getting back to my problem, you are right about the fees and charges with MBNA, and I can confirm the card has not been used in ages.

Is there a letter template for a "Subject access request"? What happens then? My confidence is already battered over this.

I'll look at some other threads regarding RBS, hopefully I'll get some joy there.

Thanks for the advice and tips.

Regards

George

[saintly_1]

Threads merged please keep to one thread per topic to save confusion

thanks saint

[George1958]

Thanks BRW

I'll try and get back in to change my ID details, but it's difficult enough to try and post a thread, but I'll get better.

Once again thanks for the tip.

Regards

G

[George1958]

Thaks Saint1

Sorry for passing my confusion along.

I will get better.

G

[George1958]

Morning Sunflower99 and BRW

It seems I have managed to post the draft and final versions of my thread in different locations, so my apologies if I have confused you and anyone else out there.

Regards G

[sunflower99]

Dont worry about it! It took me a while to get used to forum! and you will not be the first or last Cagger to get confusion with threads!

[George1958]

Thanks Sunflower99

I'm going to send that letter off next week, working away from home doesnt help my plan of action, but I'll still manage to deploy adequate resources.

G

[George1958]

Dear All

Am I getting paranoid or what? Or do I always assume that various institutions are monitoring this thread/website?

On almost every occassion I have opened up my thread to see a guest is also viewing?

I thought the bad old days of looking over my shoulder had gone, obviously not.

So here's a message for these institutions who may be monitoring what is going on " I ain't going away, even if my actions are compromised".

Regards to all

G

[sunflower99]

Originally Posted by George1958

Dear All

Am I getting paranoid or what? Or do I always assume that various institutions are monitoring this thread/website?

On almost every occassion I have opened up my thread to see a guest is also viewing?

I thought the bad old days of looking over my shoulder had gone, obviously not.

So here's a message for these institutions who may be monitoring what is going on " I ain't going away, even if my actions are compromised".

Regards to all

G

I know what you mean! In fact i was warned about Restons spying on my MBNA thread as i was warned that Restons like to spy on people who they taken on who they get to know are Caggers on these threads and with the advent of computers and modern technology and matching upletters and posts and date not an impossible feat these days i should imagine!In fact one person said on a thread that Restons tried to use some quotes he had posted on this thread in a courtroom! Though he did say DJ was not very impresssed with them doing that Also some people get letters from Restons saying how dare they use the internet for help!i think they soon get to know which of their vicitms are Caggers by the letters they start receiving!i think they hate it when they get a cagger though as they know they not got a easy taget!