Great info on your link, this has really given me some food for thought. I especially liked post 114 referencing that banks go home at the end of the day...spot on...I will ber this in mind when dealing with MBNA. Cheers

Hi davey77 You mention letters headed 'without prejudice', does this also cover emails. The reason for asking is that I have a number of emails now direct from MBNA that do not mention without 'prejudice' and confirm within the email that neither MBNA nor any third party will pursue for any further monies. I know this seems to counter the posts on MBNA and the underhanded tactics, but at this stage I do not seem to have any reason not believe what I am reading. I really appreciate you looking in and for your support. I do have a lot more to sort out so hope to see you checking in on my posts from time to time. Thanks

Thanks Joemay My only concern is that I have other CC debt and I want to reduce this to relieve some of the pressure from our lives. Obviously we would want to negotiate as low a settlement as possible so that we can then focus on the next unpaid CC bill. I will see if I can negotiate on available funds which will be far lower than the 25% offer from MBNA. I just want these guys off our backs Good to know someone is watching in to see if we need support. Cheers

As advised I have started my own thread to track responses from all of the experienced Caggers on here. Anyway, here goes.... My wife and I both have MBNA CC accounts and owe combined c£21k. Have for ther first time spoken to MBNA on the phone as have previously ignored phone calls following some quite nasty calls to my wife. My wife is currently off on long term sick and is suffering depression and a very difficult time for both of us as we have always paid our way and not defaulted on any payments, but since her good salary has stopped we are in a terrible financial fix. To this end following my various dicsussions with MBNA today (I am speaking on behalf of my wife) they have offered a partial settlement of 25% and they have categorically stated that the remainder will be 'written off' and not pursued by any other party and will be registered on credit file as partial settlement, which I understand to mean whole value of outstanding balance minus any payment in partial payment in 'settlement' of the account. I have requested MBNAs offer to be sent on email and by hard copy letter outlining the offer and hope to negotiate down from the 25% start point to a value we can realisitically pay off to settle the account. I have stated that I had written to them on 3 occasions highlighting our current situation along with a budget plan and stated that if they wanted to take me to court they would not really have a leg to stand on. For the record I have CCA'd them also on separate letters, but have not received anything to date. All we want is peace of mind as these are not the only CC debts we have, but they do make up a significant pot of the debt we owe and would be a huge relief to take a step in the right direction. Any views would be greatly appreciated and thanks for reading(listening) P.S. is there an easy way I can track any responses other than using the search function?? Thanks to all. :grin::grin:

I think I have subbed properly this time so yet again....subbing!!

Hi, Subbing... My wife and I both have MBNA CC accounts and owe combined c£21k. Have for ther first time spoken to MBNA on the phone as have previously ignored phone calls following some quite nasty calls to my wife. My wife is currently off on long term sick and is suffering depression and a very difficult time for both of us as we have always paid our way and not defaulted on any payments, but since her good salary has stopped we are in a terrible financial fix. To this end following my various dicsussions with MBNA today (I am speaking on behalf of my wife) they have offered a partial settlement of 25% and they have categorically stated that the remainder will be 'written off' and not pursued by any other party and will be registered on credit file as partial settlement, which I understand to mean whole value of outstanding balance minus any payment in partial payment in 'settlement' of the account. I have requested MBNAs offer to be sent on email and by hard copy letter outlining the offer and hope to negotiate down from the 25% start point to a value we can realisitically pay off to settle the account. I have stated that I had written to them on 3 occasions highlighting our current situation along with a budget plan and stated that if they wanted to take me to court they would not really have a leg to stand on. For the record I have CCA'd them also on separate letters, but have not received anything to date. All we want is peace of mind as these are not the only CC debts we have, but they do make up a significant pot of the debt we owe and would be a huge relief to take a step in the right direction. Any views would be greatly appreciated and thanks for reading(listening):-D

Hi Wormtail The offer of an F&F does not stipulate a figure, the letter merely states that I should 'confirm an amount that I am able to offer'. The letter then goes on to say that if an amount is not possible then they will accept token payments of £1 until Oct 09. I gather this is unusual. The more I read on this forum the more I get miffed, just read a thread on someone who had died not long after MBNA taking them to court. It has got me livid.

Thanks Clemma and IdaInFife for responding so quickly. Quite surprising I have received another letter from Mint today saying that they are willing to accept a full and final. Yet my wife took a nasty phone call from MBNA todayand I come home to her being quite upset as she is in a sensitive place at the moment suffering from bouts of depression. She said the guy spoke to her like dirt and as if she was a little girl. I would love to get may hands on him. Anyway, I didn't think that an application form constituted a valid agreement. Have you both been through similar things yourself?

Hi, I am just getting going with my CCA requests in view that my wife and I can no longer support the debt we have due to my wife having an accident in work and has been off sick now for getting on for 12 months. We have been missing payments all over the place, but have managed to sort out our mortgage for a while. Reading all the excellent posts on here I have CCA'd all CC companies, but have received the attached from Mint and require some advice as to the type of letter I must send to counter this response. Any help would be a great help. Mint Cover Letter 20th April 2009.pdf Mint Application Form.pdf Mint T&Cs 1.pdf Mint T&Cs 2.pdf Mint T&Cs 3.pdf The account was opened back in 1997 and I know that what they have sent me does not constitute an enforceable CCA, but I feel quite guilty in challenging Mint on this as they have been the only company that have accepted £1 payments for a period of 6 months which as taken a lot of pressure off and feels a little positive in view of everything else that is going on.

Thanks Fingers have linked into the Halifax thread as suggested.

BUMP.... sorry as I do know that all experts are busy reviewing other posts , any advise please as we are starting to panic about leaving my responses too long.

Hi All, My wife has a Sainsburys card which is in effect Halifax Bank of Scotland. I have CCA'd them and they have responded with the following; 'I have enclosed with this letter a copy of your executed agreement, a copy of your current T&Cs and a signed statement of your account. The copyof the agreement enclosed with this letter complies with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("the Regulations"). Regulation 3(2)(b) provies that a copy can omit any signature box, signature or date of signature. In summary we are not required to produce a copy with your clients(???) signature on it. By providing a copy of the agreement complying with the requirements of the Regulations the agreement remains enforceable.' They then go one to say that they have satisfied their obligations. There are no dates or signatures, but lots of pages which is a copy of an agreement but does not mention anyones name. Can someone with advise on the nexxt steps or letter. many thanks

many thanks to you both for responding

Hi, I had sent off SAR letters for both my wife and myself back in Janaury just to see what we get back and I can say we have a mixed bag ranging from MBNA stating that they will not provide anything until they have proof of our identity requesting documentation with a signature, I o have template letter for this scenario. However I do not have a template letter requesting the missing elements that I beleive the banks have not sent to us, e.g. 'original signed, executed credit agreement and any terms and conditions that applied to the account at the time the account was opened' Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable). If anyone could assist in pointing me in the right direction of a template letter I would be greatful. Many thanks

Hi, We have a repayment mortgage and will be phoning them up on Monday to ask if they can help, possibly move to an interest only mortgage. My monthly mortgage payment at the moment is £1324, my take home pay is £1800, with SSP of £75 per week. I have SAR'd all CC companies. Thanks Fedup74 & Rory32 for your help.

All cards were taken out at least 4 years ago Have yesterday sent a subject access request to each of them using a template from this forum. Our concern is now that we cannot afford the mortgage as we do require my wifes salary to support the payments. As she is off sick with no definate return to work date it makes the payments extremely difficult.

We can move to rented housing, but is it better to do this prior to bankruptcy. My other concern is would my employers need to know anything about this, I have checked my employment contract on the advice of CCCS and there is no mention of bankruptcy affecting my employment. Really worried about the whole thing really, we don;t want to be viewed as terrible people we just want to get our lives back on track. Any help would be appreciated.

At 8am this morning I had my first hour long financial review with CCCS. This was triggered as my wife is off work sick and has been for the last 7 months. Previously we had two very reasonable salaries coming in whch just managed to allow us to live and service our significant debts, now we are in the position of living on my salary only and according to CCCS our outgoings exceed our income to the tune of £131 per month. Unsecured borrowings across all credit cards,loans and unsecured element of Northern Rock Together mortgage is in excess of £98k(£30k NR loan). We are not sure how long my wife will be off sick, it may be 3 months or 6 months. In reality this has forced us to review our life and finances. We have never fallen behind with our payments on any debt which has been difficult. We do not mind losing our house and moving to a rented property. CCCS suggested it may be an option to go bankrupt, but apart from reading all of the good advice on here, I thought it would be useful to start my own thread to focus my attentions. I would like t ask how the expets here would see a BR panning out and the thing we should expect if we are to go down this route. Thanks for reading.

Bump Can anyone provide some expert advice regarding my suggestions in post 1. Any help would be appreciated.

Thanks, that information gives us a bit of hope for the short term. Hope you get better soon.

We have posted in General Debts as well to seek advice on CCAs, but thought it right to post here about our potential mortgage issues. Took out mortgage in April 2007 - fixed rate for 2 years set at 5.49% this ends and will then revert to SVR at 7.49%. Mortgage is the Together loan borrowing £196k of which £175k paid for the house. This isn't really the issue, my wife has been off sick since May 08 after an accident in work and now we are coming to the end of her company sick pay of £1600 per month and will now only be able to claim £75 per week on SSP. Our mortgage is in joint names and now we will only have my saary to pay the mortgage which we can not afford and live at the same time. I am not sure what the options are, but would like some advice on this if possible. I am not an expert but are the following options a possibility; 1. Move to an interest only mortgage for a period of time 2. Extend mortgage period 3. Walk away and give house back and move to rented property (what are the consequences of this?) 4. Is it possible to downsize our mortgage by moving to a lower value house. As I say this is just a brain dump of ideas, with no expertise in the mortgage market. Thanks

This has given us a much needed boost as we would like to think about our future and not just the short term issues. I seem to be going through phases at the moment, getting angry, then fed up then not bothered, then disgusted we got ourselves into this situation. At least we haven't buried our heads into the sand anymore. Cheers for your support

They did not advise to speak to them at this stage, they did however book an hour long call for next week to run through everything which I am sure the outcome will be a DMP(getting used to the lingo!!). They did suggest if we do recieve any credit card bills in the mean time to pay £1 to show that we are willing ot pay something and not ignoring the debt. I am thinking we just go straight for the Subject Access request and the CCA at the same time and get it all over with at the same time. 'In for a penny in for a pound'. I posted a couple of days ago and felt that no one was going to come back and chat, so thanks for picking this up and offering words of advice.

Cheers Fedup. It does feel better to have spoken to CCCS. They advised us to cancel all direct debits with them and set up a basic bank account, so we should be ok for the short term. Do you think it is right to also challenge on the unenforceable debt or will this antagonise our current situation?

Bump