Hi guys, sorry, the first half of this post has disappeared. My second question is basically, is it worth sending Vanquis an SAR because they are likely to have made punitive charges and penalties when my card went into default. This is with a view to claiming them back. Thanks, Mikey_L

Jeezman, It would be very ungracious of me to complain that someone had 'jumped in' on a thread I started. But there's a reason that the wise ones recommend starting your own thread for your own questions. I think these are: 1. The chances are that there will be many many posts before you reach a point where the forum ceases to be useful or you have nothing to contribute. 2. The flow of posts related to the original poster gets blocked when others jump in with their own stuff. And this thread is no longer attracting the responses I desperately need. I am actually trying to avoid bankruptcy. So perhaps I'll start another thread?

Hi vint1954, No nothing received since. The full balance is £12,000 so they'll have to wait. The DMP amount will be paid to them until they say otherwise.

The DN says: "In order to remedy this breach we must receive a payment of by 21 December 2009" Your account balance is currently ". Thanks

I've been told by the org I'm setting up a DMP with that MBNA have declined because the 'debt has been transferred'. Guess that means they've sold it on to a DCA. Could anyone advise if these people might be amenable to payments through a DMP. I understand it's always better to deal with original creditors. I'm paying all I can afford and have few assets so the DCA wouldn't gain advantage by getting a CCJ etc.

Hi, If anybody could suggest something re the above that would be great. Thanks, Mikey

Well, I sent them the dispute letter - template above - and they have responded, which did surprise me a little. They suggest that my objections are not well founded because the copy (another enclosed) "clearly contained all the terms and conditions which were legally prescribed at the time it was executed". They also include an information sheet which basically gives some answers to possible questions like 'how can I be satisfied the agreement was properly executed', And presents an answer which assures how seriously MBNA takes its obligations and how perfect the agreements are! Would be greatful for any ideas on how to keep the challenge going - see my earlier post for links to scans of the agreement. Legibility has been mentioned as an issue. I'm trying to dispute becuase MBNA have declined my DMP because the 'debt has been transferred'. Have yet to hear from the DCA and I will post about that in due course no doubt. Thanks

I hope this is not a battle - I've been with them for donkeys without any problems and the borrowing I have is at good rates. However, I'm trying now to set up a DMP and wonder how amenable they will be, I've had mixed responses from them so far - offers of help that I'm not sure are sincere. Prior to the DMP process (through a debt charity) I wrote to them offering reduced payments but they have responded saying they want the letter signed. Should I? I have discover that dealing with MBNA has made me a bit paranoid and is probably not helping my relationship with creditors who might be more reasonable. I need to sort that out.

This happened to me - it's a stinker. So I wrote to them likewise and they on 'appeal' refunded the charges. I had gone O/D as a result of paying the Business card DD and didn't spot it. But I did have a long history with them with no probs so don't know if that helped.

I'm astonished? I have recently started the process of setting up a DMP. Total creditor £34K of which Crap One (is that right?!) is less than £500. A fraction of the total. But - they've written to say that following my request to set up a DMP they are issuing a Default Notice. And that is what they have done! I have never missed a payment with them nor paid less than the minimum before the DMP. But the DMP request has triggered a DN. I think I'm offering £15 per month instead of £25! And the Direct Debit is still operating this month! It's a bit frustrating really because the minimum was relatively low and I could have afforded it - but had to be fair to the other creditors. Which include MBNA at extortionate interest rates. Is there anything to gain by requesting the CCA? Nothing to lose that's for sure.

Thanks Gaz. I read elsewhere that MBNA tend to Default and sell on after say 7 months irrespective, and that time scale would be about right with me too. I need to rememeber to put what I want first and think in terms of what outcome is best for me. And to take it one step at a time. I have written offering reduced payments and am also trying to set up a DMP through a debt charity.

Hi, I'd appreciate any thoughts on the above. MBNA have gone very quiet - I haven't heard anything since the DN (although Xmas intervened). To me that doesn't bode well but I have written to them offering reduced payments.

Thanks for responses. The date of the Default Notice (21 Dec) has mow passed so I'm preparing myself to hear more in the New Year. I have written to MBNA twice making an offer of reduced monthly payments leading to a DMP. I'm offering 70% of the minimum payment. I have also sent them a schedule of what I'm also offering to my other creditors. The amount I have for creditors is 1/3 of my take home pay (rent is another 1/3) so they can see there isn't any more available. I'm trying to arrange a DMP and am finalising my budget this week. I should mention I wish to make repayments of what credit I have had but I am not willing to accept grossly inflated interest and threats nor pay more than I can afford. I have also sent them a letter disputing the CCA I received. I know this doesn't really bode well for negotiation but I felt I had to try and challenge the DN somehow. I am advised that the Default Notice is not correct re dates/notice. How do they manage to get these wrong?? Is anyone able to give me an idea of MBNA's likely action at this point? From reading other threads there seems not to be a pattern. Will they go for a CCJ or sell the debt on I wonder? Balance owing is £12K and I have no assets to speak of. Does this make them more likely to accept reduced payments than if the balance was smaller? Thanks

I sent them the dispute letter re the dodgy CCA. My experience previously is that sending a dispute letter is followed by a wave of activity from them. But I also sent an offer of payments. I had trouble getting my head round it as it seems very contradictory. But I don't think normal rules of communication apply with MBNA. I think what I'm saying is that I'm up for responding to threats and challenging unfair practise and interest rates. But i also want to pay them.

Thanks. This is great. But it feels a little tricky because I am hoping to negotiate with them regarding a DMP perhaps. But I guess establishing the enforceability of the CCA is essential as it affects what they can do.