Legal Proceedings to be issued - MBNA

[allwornout]

Hi

My husband and I received letters for local solicitor acting on behalf of PRA Group (UK) Ltd demanding payment for MBNA credit cards x 3 (total debt = 8.5k)

Income/Expenditure form attached for completion.

Threatening legal proceedings will be issued without further notice or warning.

Not really sure how to manage this, any advice would be most welcome

Kind Regards
All Worn Out

[PlanB]

Re: Legal Proceedings to be issued - MBNA

Hello allwornout and to AAD

A few questions before we go any further.

What was the date on that solicitor's letter(s) on behalf of PRA (the new name for Aktiv Kapital) and did it/they give you a deadline to respond?

You say they came from a "local solicitor" so can you tell us the name since we know most of the law firms used by creditors.

You've said both you and your husband got solicitors' letters, were they both saying the same thing albeit for different credit cards? We may need to refer to them as Card 1, Card 2 and Card 3 for the moment, although later we will want a separate post for each one with lots more detail and background.

These were originally MBNA products. Were they sold direct to PRA (AK) or were they sold to Varde managed by Experto Credite (the DCA for Varde) first who then sold a whole portfolio of these debts to PRA (I've got two with them at the moment)?

It's a Sunday which means not many of us are around on the forum so don't worry if you don't get a rapid response. We need to know the seriousness (or not) of the situation before we can suggest the next step.

PlanB xx

[allwornout]

Re: Legal Proceedings to be issued - MBNA

Hi thanks for your reply



What was the date on that solicitor's letter(s) on behalf of PRA (the new name for Aktiv Kapital) and did it/they give you a deadline to respond?

The letters are dated 31/12/14 with a demand for reply within 14 days (we didn't get letters until 06/01/15

You say they came from a "local solicitor" so can you tell us the name since we know most of the law firms used by creditors.

McManus Kearney, Belfast

You've said both you and your husband got solicitors' letters, were they both saying the same thing albeit for different credit cards? We may need to refer to them as Card 1, Card 2 and Card 3 for the moment, although later we will want a separate post for each one with lots more detail and background.

Husband x 1 CC and Me x 2 CC (three in total, each with a separate letter

These were originally MBNA products. Were they sold direct to PRA (AK) or were they sold to Varde managed by Experto Credite (the DCA for Varde) first who then sold a whole portfolio of these debts to PRA (I've got two with them at the moment)?

I think they were sold direct to PRA - I dont recall getting any correspondance from Varde or Experto Credite


Many thanks again
AWO

[oscar]

Re: Legal Proceedings to be issued - MBNA

Two quick questions from me as well.

Have you previously requested a copy of the credit agreements for these accounts.

and also, if you can remember,

Were these accounts originally taken out with MBNA? MBNA took over the running of many accounts in their earlier years - A&L, Abbey and HBOS included.

[Deepie]

Re: Legal Proceedings to be issued - MBNA

Have you ever sent a. CCA request ?

[allwornout]

Re: Legal Proceedings to be issued - MBNA

I think I may have three years ago but couldn't be 100% sure.

Two were MBNA and the third with Virgin

[allwornout]

Re: Legal Proceedings to be issued - MBNA

Should I use the template letter to solicitor advising I have not received CCA as previously requested?

[Undercover Elsa]

Re: Legal Proceedings to be issued - MBNA

Hi allwornout, welcome from me too

I personally wouldn't send that unless you're sure you did send CCA Requests and have recorded delivery receipts to prove it.
I imagine the way forward will be to send 3 new requests plus a response to Letter Before Action template tomorrow, but let's get a bit more info first and then see what Never-in-Doubt our forum Administrator has to say.

Can you tell us roughly when each of these cards were taken out? Most importantly, were they pre April 2007?
When were the last payments were made on the accounts?
Did you receive default notices prior to the accounts being terminated and do you still have them?

Sorry for all the questions but we need to establish all this in order to help you.

Elsa x

[allwornout]

Re: Legal Proceedings to be issued - MBNA

Thanks for the welcome Undercover Elsa



Can you tell us roughly when each of these cards were taken out? None were pre April 2007 sadly

When were the last payments were made on the accounts? Last full payment made approx March 11, then we had agreement and paid nominal sum until June 12

Did you receive default notices prior to the accounts being terminated and do you still have them? Yes default notices received on all


Thanks for your help

AWO

[Undercover Elsa]

Re: Legal Proceedings to be issued - MBNA

Thanks for the info allwornout. So all post April 2007, that is a shame. Onwards and upwards though...Let's see what Never-in-Doubt (Niddy) has to say once he's seen your docs xx

[oscar]

Re: Legal Proceedings to be issued - MBNA

Only because I know MBNA defaults used to be generally crap - on the default letter, what is the date (of printing) and what is the date they tell you to remedy by? (or they may give a number of days)

[allwornout]

Re: Legal Proceedings to be issued - MBNA

Only because I know MBNA defaults used to be generally crap - on the default letter, what is the date (of printing) and what is the date they tell you to remedy by? (or they may give a number of days)

All cards Printed 10/05/12. action by 26/05/12

[mystery1]

Re: Legal Proceedings to be issued - MBNA

You should send a reply to the letter(s) before action pronto. There is a template somewhere.

M1

[PlanB]

Re: Legal Proceedings to be issued - MBNA

The letters are dated 31/12/14 with a demand for reply within 14 days

That sounds like a proper Letter Before Action to me and the deadline expired last Wednesday so you need to get your skates on.

We have a template letter for response here: http://www.all-about-debt.co.uk/inde...ction-response

If you have a problem accessing the link please post on here and we'll sort it (you have to register separately for the template letters).

Send one letter in reply to each letter received by first class mail Recorded Delivery. If you have access to a fax machine then I suggest you also fax the letters at 9 am tomorrow morning. The firm has a fax number on their website which you'll find here http://www.mcmanuskearney.com/contact-us

[oscar]

Re: Legal Proceedings to be issued - MBNA

Only because I know MBNA defaults used to be generally crap - on the default letter, what is the date (of printing) and what is the date they tell you to remedy by? (or they may give a number of days)

All cards Printed 10/05/12. action by 26/05/12

Plan B / Niddy, would these not be defective??

MBNA used / use UK Mail, and then they choose 2nd class mail.

AWO - I don't suppose you kept the envelopes as well?