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  • #1

    MBNA

    I started the CCA process with MBNA in May 2008, and recieved absolutely no response. I think I sent all 3 letters, but can't confirm this until I'm with my files at the weekend.

    MBNA banked the £1 cheque against the outstanding credit card debt. They then subsequently (say mid 2009 from memory) sold the debt to Link Financial whilst it was in dispute. Both big no-no's in my opinion.

    Link Financial then sent regular statements, and have started sending threatening letters. To date I've ignored such letters on the basis that they're just trying it on to get a response. After all a certain % of respondents will start to repay the disputed debt. However, I'm getting sick of receiving such letters and am worried that the original CCA may exist and be enforceable.

    Should I restart the CCA process with Link Financial, continue with MBNA, initiate court proceedings against MBNA or Link Financial, or just continue to ignore the letters?

    Thanks in advance
    Tags: account, apr, arrangement, arrears, card, cca, court, credit, credit card, credit card debt, credit cards, date, dca, debt, default, financial, hassle, help, information, letter, letters, list, loan, mbna, mothers, overdraft, paid, postage, refuse, selling, size, statements, unemployed, unenforceability
  • #2
    Re: MBNA

    Is this the only debt you have?

    So that we can help you, please provide the following information for the account:
    • Type of account (credit card/loan)

    • Date commenced (ideally before Apr 2007)

    • Approx balance

    • Date last paid (approximate date you last made a FULL payment)

    • Are you on arrangement or not paying

    • Status (default/in arrears/up-to-date)

    • Account owner (who is writing to you, a DCA or the lender)


    Also have a look at Unenforceability Diaries - Read me First! - allaboutFORUMS
    Let your smile change the world but don't let the world change your smile

    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: MBNA

      and definitely don't initiate court preceedings against anyone at all!!!

      Comment

      • #4
        Re: MBNA

        Why should hbslc request the CCA again? surely its the account sold whilst in dispute letter than should be sent?

        On a side note, wouldnt worry about the CCA too much, they likely ignored you cos they dont have it, thats what im beting.

        You say you sent 3 requests, did you send them recorded delivery? whether or not you kept the receipt, they WOULD have had to sign for it.
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment

        • #5
          Re: MBNA

          Ah cool ok

          Should note, that even if its an original MBNA agreement, theres a chance they havent got it also.

          From my own expierence with my mothers debt. Its been 3 months since request was made, have had confirmation that they are "unable to obtain the agreement" but refuse to clarify that they dont have it, just keep saying, "we continue to persue MBNA for the agreement" likely because they dont want to admit they wont ever have it lol
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment

          • #6
            Re: MBNA

            Let sleeping dogs lie maybe ?

            Comment

            • #7
              Re: MBNA

              Originally posted by Flowerpower
              As for selling the account there's no reason why they shouldn't sell it.
              Quite.

              If you could sell your crap, would you still flush it away?

              Comment

              • #8
                Re: MBNA

                This isn't the only debt I have. In total I have 3 credit cards, 1 personal loan, and 1 overdraft. All of which I disputed whilst lomg term unemployed in 2007/2008. With regards MBNA:


                1) Type of Account: Original MBNA credit card
                2) Date commenced: not sure but definitely before Apr 2007
                3) Approx balance: £9k
                4) Date last paid: not sure sometime in 2007, maybe even 2006
                5) Are you on arrangement or not paying?: not paying. Haven't been on an AP since 2007/2008
                6) Status: Default since 2007/2008
                7) Account owner: Link Financial

                When I say I'm not sure, it's because I work away from home and am currently away from my records. At home I have proof of postage and copies of all letters sent & received to MBNA and all DCAs that have been involved including Link Financial.

                Happy to let sleeping dogs lie, but would really love to get the default / debt removed from my credit file, if that's possible.

                Thanks

                Comment

                • #9
                  Re: MBNA

                  personally, i feel it would be unlikely you would have the default or the debt removed without a serious battle.

                  You last paid 2007/08, it should be off your credit report and SB by 2014, only a few years left, might be better to wait it out than all that hassle and get no where
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

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