MBNA -> Aktiv Kapital

[Never-In-Doubt]

Re: MBNA -> Aktiv Kapital

Ok, so to date what letters have you sent and can you clarify, to whom?

Have you sent a formal s.78 CCA Request - if so, when? Do you have anything else from them, such as default notice or anything...? Thing is it is hard to defend any claim as the account holder is now deceased so how can he stand there in court and argue authenticity of paperwork, I don't think the gods will allow this so a F&F seems best, fighting UE might not be the best way to go. But that is your call......

[PlanB]

Re: MBNA -> Aktiv Kapital

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.

Are you absolutely sure this MBNA card didn't have PPI since this was nearly always added on even if you didn't ask for it? Some PPI policies included life cover which should pay out (to clear the balance of the account) in the event of the death of the account holder. It's worth double checking.

Did AK only buy one of the two MBNA accounts although you seem to think there may have been only one account (with PPI)? MBNA change the account numbers when they sell the debt on which maybe why you think there are two different ones.

Why not do a little more fact-finding which in the very least may give you the tools to argue the balance with AK as part of a F & F.

[AJ1900]

Re: MBNA -> Aktiv Kapital

Ok, so to date what letters have you sent and can you clarify, to whom?

Have you sent a formal s.78 CCA Request - if so, when? Do you have anything else from them, such as default notice or anything...? Thing is it is hard to defend any claim as the account holder is now deceased so how can he stand there in court and argue authenticity of paperwork, I don't think the gods will allow this so a F&F seems best, fighting UE might not be the best way to go. But that is your call......

Will come back to you later about this, I'm at work so I don't have the resources to answer in full.

Are you absolutely sure this MBNA card didn't have PPI since this was nearly always added on even if you didn't ask for it? Some PPI policies included life cover which should pay out (to clear the balance of the account) in the event of the death of the account holder. It's worth double checking.

Did AK only buy one of the two MBNA accounts although you seem to think there may have been only one account (with PPI)? MBNA change the account numbers when they sell the debt on which maybe why you think there are two different ones.

Why not do a little more fact-finding which in the very least may give you the tools to argue the balance with AK as part of a F & F.

Aktiv Krapital never bought the debt for the 2nd card. The 2nd card was still active, and when we notified MBNA my dad had died they told us to make a claim on the PPI policy.

When AK sent us the CCA for the old card, they enclosed the final statement from MBNA, and from that statement there is no evidence of PPI on the card, how else could I find out? If there was a viable PPI policy on that card, surely AK would tell us to make a claim?

[PlanB]

Re: MBNA -> Aktiv Kapital

Aktiv Krapital never bought the debt for the 2nd card. The 2nd card was still active, and when we notified MBNA my dad had died they told us to make a claim on the PPI policy.

When AK sent us the CCA for the old card, they enclosed the final statement from MBNA, and from that statement there is no evidence of PPI on the card, how else could I find out? If there was a viable PPI policy on that card, surely AK would tell us to make a claim?

Did you ever send a SAR to MBNA to get the full history of this account and the other account? I wouldn't think one final statement from MBNA sent by AK necessarily confirms that there wasn't a PPI policy on the card at the outset. I cancelled my PPI a couple of years into the contract so could there have been one in the early years in your father's case?

AK wouldn't tell you to make a PPI claim to clear the balance because they wouldn't have known if there was PPI on the account. When a debt purchaser buys account all they get is the name, amount and contact details and very little else.

What happened when you claimed the PPI on the other account once your father had died. Did they pay out under the policy? If not have you considered whether you were entitled to make a PPI misspelling claim on behalf of your late father to recover those premiums? It does seem odd that he would have had a PPI product on one account and not the other although it is possible

I see from your thread on another website that you are being pursued by Judge and Priestley solicitors. Is there a reason why it has been passed to solicitors instead of being handled by Aktiv Kapital's team who handle sensitive issues such as deceased parties?

Who is handling probate of your late father's estate? Aren't they the legal decision maker over whether a debt gets paid based on the information given to them?