MBNA -> Aktiv Kapital

[AJ1900]

Hello all,

I am helping my mum administer my late father's estate and we received a letter from Aktiv Kapital's solicitors chasing an MBNA card they claim my dad had. I asked for proof the debt is owed and they took well over 3 months to reply, but eventually produced a grainy photocopy of an agreement.

Card was taken out in 2005.

If anybody could verify the authenticity of the CCA they sent, it would be appreciated. I will post it to the secure section of the site.

Thank you for your time, any help is greatly appreciated.

[Deepie]

Re: MBNA -> Aktiv Kapital

Hi and welcome....

Send it here only Niddy site owner can see this ----> agreements@all-about-debt.co.uk

PS...... Don't blank out anything.........

[AJ1900]

Re: MBNA -> Aktiv Kapital

Hi and welcome....

Send it here only Niddy site owner can see this ----> agreements@all-about-debt.co.uk

PS...... Don't blank out anything.........

Hello Deepie, thank you for your kind welcome and quick reply.

I've already uploaded the CCA to the secure section of the site, I don't want to hassle Niddy more than I need to, should I just wait for him?

[Never-In-Doubt]

Re: MBNA -> Aktiv Kapital

Please email if you can as I'm on my phone so can zoom in properly..... If it's in upload section it'll be early next week before I can view it (on lappy)....

Thanks

[Never-In-Doubt]

Re: MBNA -> Aktiv Kapital

Scrap that. Just seen it. It's UE all the way

Just read the terms above signature - it clearly quotes term 11 and others which are not present.

That said I suspect you need to settle this from any equitable estate. If there was no equity then ignore it - nothing they can do now

[AJ1900]

Re: MBNA -> Aktiv Kapital

Sorry, I'm not sure I follow? Are you saying because this is not the FULL agreement, they cannot enforce it on this basis?

If so, how should I approach settlement? The debt is around £8.5k, what should I offer them as full and final settlement?

There is very little equity in the estate, my mother and father jointly owned a property under joint tenancy which although has bypassed the estate may still be claimed upon via Involency Administrator Order under s.241A Insolvency Act (I'm sure you are well aware of this )

What would you recommend I write back to these ar**holes?

Edit: sorry for all the questions, and thank you for your help!

[Never-In-Doubt]

Re: MBNA -> Aktiv Kapital

I'd suggest you write and literally say that there's little cash available and as a goodwill gesture to settle amicably you offer £1000.

Alternatively i'd ignore em. Literally

[Deepie]

Re: MBNA -> Aktiv Kapital

Would this help....?

Dear Sirs,

Re: <name of deceased> deceased
Address: <deceased’s address>
Date of death: <date>
Account/reference number: <reference no>

I am one of the personal representatives for the above named deceased and enclose a death certificate for registration and return.

The deceased held a credit card with your company with an outstanding balance of approximately <£amount>.

I regret to inform you that the estate appears to be insolvent as there are insufficient funds available even to meet the expenses. Therefore I will not be in a position to reimburse the outstanding amount to you.

Yours faithfully


<Name>

Enclosure:

• Death certificate

[AJ1900]

Re: MBNA -&gt; Aktiv Kapital

I'd suggest you write and literally say that there's little cash available and as a goodwill gesture to settle amicably you offer £1000.

Alternatively i'd ignore em. Literally

I haven't replied the email they sent my mother with the enclosures. I will however cease email communication and only write to them henceforth. My dad had two credit cards with MBNA, one with PPI, one without (this one). When AK's solicitors wrote to me originally, I was under the impression there was only 1 card and that they had to prove it was a different debt as we would not pay for the same debt twice. Should I not at least write back telling them their CCA is invalid and we will not accept it?

Would this help....?

Dear Sirs,

Re: <name of deceased> deceased
Address: <deceased’s address>
Date of death: <date>
Account/reference number: <reference no>

I am one of the personal representatives for the above named deceased and enclose a death certificate for registration and return.

The deceased held a credit card with your company with an outstanding balance of approximately <£amount>.

I regret to inform you that the estate appears to be insolvent as there are insufficient funds available even to meet the expenses. Therefore I will not be in a position to reimburse the outstanding amount to you.

Yours faithfully


<Name>

Enclosure:

• Death certificate

Is it wise to acknowledge the estate is liable for the debt as your template letter would indicate? They can still apply for an insolvency administration order, this would force my mother to sell the house and distribute the funds to various creditors.

[AJ1900]

Re: MBNA -&gt; Aktiv Kapital

My mother received this email:

Dear Mrs XXXXX,

I write further to your telephone conversation held with my colleague Lauren on 29^th November 2013.

In the conversation we requested you send in evidence from your solicitor that the property had been transferred in to your name and that you are dealing with your late husband’s accounts.

We are yet to receive anything from you.

Please ensure you provide this evidence to us within 7 days.

Should we not hear from you we may have no other option but to issue legal proceedings against you as you are the Executor of the Estate.

We trust the above will not be necessary and look forward to hearing from you.

Kind Regards,

We have not written to them since they sent the CCA, but my mother did phone to enquire about a few things, the individual we were usually dealing with was not there so a colleague took her call.

What should we do??

Edit: We have not advised them that their CCA is invalid yet.

[SXGuy]

Re: MBNA -&gt; Aktiv Kapital

If you plan to offer them a full and final, do not tell them the CCA is unenforceable. You don't want them to know of the mistakes unless they actually issue a claim.

[AJ1900]

Re: MBNA -&gt; Aktiv Kapital

So what should I write back saying?

[Never-In-Doubt]

Re: MBNA -&gt; Aktiv Kapital

Nothing yet - hold fire let me have a read through!

[Never-In-Doubt]

Re: MBNA -&gt; Aktiv Kapital

Question time......

1. The house, you're saying it was joint but now moved 100% in your mums name?
2. How much equity is in the estate/house?
3. How does Aktiv know there is a house?
4. Was there any other funds/debt/anything relevant?
5. Is your mum in a position to make a F&F offer?
6. Was there one or two accounts?
7. How did they get your mums email address?
8. Have you moved/sold the property or is your mum living in the property?
9. Was the mortgage paid up or is there still a mortgage outstanding?

[AJ1900]

Re: MBNA -&gt; Aktiv Kapital

Question time......

1. The house, you're saying it was joint but now moved 100% in your mums name?
2. How much equity is in the estate/house?
3. How does Aktiv know there is a house?
4. Was there any other funds/debt/anything relevant?
5. Is your mum in a position to make a F&F offer?
6. Was there one or two accounts?
7. How did they get your mums email address?
8. Have you moved/sold the property or is your mum living in the property?
9. Was the mortgage paid up or is there still a mortgage outstanding?

1. Held in Joint Tenancy, therefore passed to my mother by survivorship upon my father's death. However, they can apply for an Insolvency Administration order to preserve my father's beneficial interest and claim on it.
2. The house is worth around £800k, with a mortgage of around £160k.
3. They were writing to my father prior to his death as it was the address supplied on the CCA.
4. The estate is presently considered insolvent.
5. Yes, but I have no idea what to offer them and we would rather not pay these monkeys a penny!!
6. There were 2 accounts, but one was still held with MBNA and the PPI policy cleared the balance (the account in question has no PPI)
7. My mum was in email correspondence (schoolboy error, I wish I'd found this forum months ago!!)
8. Mortgage is still outstanding at around £160k.

Edit: 7. My mum was in email correspondence as it was more convenient.