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Barney's unenforceable MBNA thread
Newbie here, be gentle please.
A potted history of how I came to be here:-
Early 2009:
After losing job (redundancy) in 2007 followed by a year of unemployment and then only obtaining poorly paid work, I wrote to creditors asking them to accept greatly reduced payments and freeze interest due to hardship. Had a battle with both credit card companies for several months, with one eventually accepting nominal payments and eventually freezing interest & charges. (Those nominal payments are still ongoing at present - so no imminent problem there).
Different story with MBNA (previously Abbey Credit Card):
Flatly refused to accept any reduction at all, despite at that stage not being overlimit, never missed payment, account with Abbey since early 1990's. The only reason given was that I had made "recent non-essential purchases". The account was, at the time, perfectly maintained as far as they were concerned (in fact they must have made many thousands of pounds off me over the years - minimum payments mainly with almost all being interest with a rate that had been slowly increased to around 32% from around 12% a few years before).The card had not been used for two or three months and the only purchases that could be seen to be non-essential totalled around £30 for children's presents around Christmas.
I appealed for them to reconsider, but only received a further blunt rejection.
I could only afford to pay the reduced payments I had asked them to accept, so started paying that amount and had to further reduce to nominal payments a few months later.
As a result of their failure to either accept reduced payments and not freeze interest, the interest increased together with charges for underpayments and then for overlimit and the balance rose by around £4,000 in approximately 10 months.
March 2009: Around this time I found CAG and on advice wrote for the CCA Agreement - request ignored.
April 2009: Being unsure of myself, I carried on paying the reduced payments and eventually sent a formal account in dispute letter re the non-response to my CCA request.
End of April 2009: I eventually received a response with only a copy of MBNA current T&Cs enclosed (although the letter referred to enlosed "current and original agreement", but then went on to say they had "requested the original agreement from Abbey and would forward if it could be located"). No agreement or copy agreement has ever been forthcoming.
May 2009: I wrote back and pointed out that they had not complied properly with my legal request, what they had supplied did not include any agreement at all and that the account was in formal dispute. Letter ignored by MBNA.
Next few months: Letters chasing arrears and phone calls - all ignored by me other than one initial 'bemused as account in dispute' letter from me which was also ignored.
Dec 2009: Call made whilst at work to my PAYG mobile! from MBNA supposed case manager. Despite my refusal to go through security, he had caught me unawares and I ended up having an argument with him (silly I know!) where he suggested could I not borrow/remortgage to pay off, didn't know where I was getting my legal advice, but should go to a "proper solicitor" as I was getting incorrect advice etc. They don't need the original agreement etc. At that stage I was still paying (through fear) nominal payments, despite having told them in writing that I was no longer obliged to do so. He said that MBNA would not continue to collect payments themselves and threatened that the account would be sold on and then my troubles would really start!
Later Dec 2009: Default notice received from MBNA
Jan 2010: Letter from Experto on behalf of Varde who had bought the debt
Jan 2010 to October 2010: inetermittent letters and some phone calls from Experto - all ignored by me - then nothing ............... until:
March 2012: Phishing letter from Buchanan Clark Wells with no details - ignored
April 2012: Formal Demand for the full balance - acting for Aktiv Kapital - ignored
May 2012: Final Notice - could, may recommend usual type of threats- ignored
Last week: Notice of impending furthr action letter advsing that if no response will recommend AK seek a CCJ(lots more "could", "may", "consider" if no response threats) - ignored so far.
Good grief! I tried to keep that brief, but I suppose considering that is three years in a nutshell, it perhaps is brief.
Sorry for waffling, hope someone may be still reading this.
I did post intermittently on "the other side".in 2009, but then things went quiet for almost a year and a half and my recent posts asking for any advice have largely been overlooked or ignored.
When I noticed that some old CAG names had disappeared from there, it didn't take long to find this site, which does seem to be far less judgmental and a much more fun (if struggling with debt can be called "fun"), friendly and helpful place.
It seems that the unenforceability route is almost frowned upon on 'the other side' recently, but when one has been royaly shafted with no compassion whatsoever, despite a nigh on 20 year relationship and thousands made in interest and charges, I have no qualms anymore on that score. A little help when needed was all that it would have taken and I would not have even known about unenforce agreements.
Sorry, rant over.
After all the above, what am I looking for? A little advise or re-assurance perhaps.
I know that ignoring Experto worked, but believe they had some issues themselves regards enforcing, but I am not sure about Aktiv Kapital, who seem to chase some of there own purchased debt and outsource others to the likes of Buchanan Clark & Wells.
These days I have gained enough knowledge to know that BCW are no threat themselves. So should I continue to ignore on the basis they will pass back to AK eventually, or should I be proactively writing to BCW using your rather good templates rather than takingthe rsik of ignoring?
Any help / thoughts will be gratefully received. (Apologies again for the length of posting, I promise to be brief in future
)
A potted history of how I came to be here:-
Early 2009:
After losing job (redundancy) in 2007 followed by a year of unemployment and then only obtaining poorly paid work, I wrote to creditors asking them to accept greatly reduced payments and freeze interest due to hardship. Had a battle with both credit card companies for several months, with one eventually accepting nominal payments and eventually freezing interest & charges. (Those nominal payments are still ongoing at present - so no imminent problem there).
Different story with MBNA (previously Abbey Credit Card):
Flatly refused to accept any reduction at all, despite at that stage not being overlimit, never missed payment, account with Abbey since early 1990's. The only reason given was that I had made "recent non-essential purchases". The account was, at the time, perfectly maintained as far as they were concerned (in fact they must have made many thousands of pounds off me over the years - minimum payments mainly with almost all being interest with a rate that had been slowly increased to around 32% from around 12% a few years before).The card had not been used for two or three months and the only purchases that could be seen to be non-essential totalled around £30 for children's presents around Christmas.
I appealed for them to reconsider, but only received a further blunt rejection.
I could only afford to pay the reduced payments I had asked them to accept, so started paying that amount and had to further reduce to nominal payments a few months later.
As a result of their failure to either accept reduced payments and not freeze interest, the interest increased together with charges for underpayments and then for overlimit and the balance rose by around £4,000 in approximately 10 months.
March 2009: Around this time I found CAG and on advice wrote for the CCA Agreement - request ignored.
April 2009: Being unsure of myself, I carried on paying the reduced payments and eventually sent a formal account in dispute letter re the non-response to my CCA request.
End of April 2009: I eventually received a response with only a copy of MBNA current T&Cs enclosed (although the letter referred to enlosed "current and original agreement", but then went on to say they had "requested the original agreement from Abbey and would forward if it could be located"). No agreement or copy agreement has ever been forthcoming.
May 2009: I wrote back and pointed out that they had not complied properly with my legal request, what they had supplied did not include any agreement at all and that the account was in formal dispute. Letter ignored by MBNA.
Next few months: Letters chasing arrears and phone calls - all ignored by me other than one initial 'bemused as account in dispute' letter from me which was also ignored.
Dec 2009: Call made whilst at work to my PAYG mobile! from MBNA supposed case manager. Despite my refusal to go through security, he had caught me unawares and I ended up having an argument with him (silly I know!) where he suggested could I not borrow/remortgage to pay off, didn't know where I was getting my legal advice, but should go to a "proper solicitor" as I was getting incorrect advice etc. They don't need the original agreement etc. At that stage I was still paying (through fear) nominal payments, despite having told them in writing that I was no longer obliged to do so. He said that MBNA would not continue to collect payments themselves and threatened that the account would be sold on and then my troubles would really start!
Later Dec 2009: Default notice received from MBNA
Jan 2010: Letter from Experto on behalf of Varde who had bought the debt
Jan 2010 to October 2010: inetermittent letters and some phone calls from Experto - all ignored by me - then nothing ............... until:
March 2012: Phishing letter from Buchanan Clark Wells with no details - ignored
April 2012: Formal Demand for the full balance - acting for Aktiv Kapital - ignored
May 2012: Final Notice - could, may recommend usual type of threats- ignored
Last week: Notice of impending furthr action letter advsing that if no response will recommend AK seek a CCJ(lots more "could", "may", "consider" if no response threats) - ignored so far.
Good grief! I tried to keep that brief, but I suppose considering that is three years in a nutshell, it perhaps is brief.
Sorry for waffling, hope someone may be still reading this.
I did post intermittently on "the other side".in 2009, but then things went quiet for almost a year and a half and my recent posts asking for any advice have largely been overlooked or ignored.
When I noticed that some old CAG names had disappeared from there, it didn't take long to find this site, which does seem to be far less judgmental and a much more fun (if struggling with debt can be called "fun"), friendly and helpful place.
It seems that the unenforceability route is almost frowned upon on 'the other side' recently, but when one has been royaly shafted with no compassion whatsoever, despite a nigh on 20 year relationship and thousands made in interest and charges, I have no qualms anymore on that score. A little help when needed was all that it would have taken and I would not have even known about unenforce agreements.
Sorry, rant over.
After all the above, what am I looking for? A little advise or re-assurance perhaps.
I know that ignoring Experto worked, but believe they had some issues themselves regards enforcing, but I am not sure about Aktiv Kapital, who seem to chase some of there own purchased debt and outsource others to the likes of Buchanan Clark & Wells.
These days I have gained enough knowledge to know that BCW are no threat themselves. So should I continue to ignore on the basis they will pass back to AK eventually, or should I be proactively writing to BCW using your rather good templates rather than takingthe rsik of ignoring?
Any help / thoughts will be gratefully received. (Apologies again for the length of posting, I promise to be brief in future
)
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