Been quiet for a while, until I recieved this letter a few days ago. Unfortunately I haven't got a working scanner at the moment so will just type in the first couple of lines of the letter. We have now recieved instructions to issue proceedings against you in the County Court for recovery of the full amount outstanding with interest and costs... It then goes on to say how to pay them etc etc, and also says that this is my last chance to prevent legal action against me. Should I respond and more to the point, should I be worried?

That is brilliant and so much better than what I have written, thankyou! Capricorn - hi, I remember that you are also going through this too. I will have to catch up on your thread also. The letter you show below is not just 'something' like mine, it is exactly the same. There is also a ref too. Thanks, it's made me feel a little better to have this knowledge, and yes it doesn't really surprise me that Experto are behind it at all. The one thing that has kept me going through all this, is the fact that if mbna had really thought that I am in default, then they would've had no objection and issued me the CCA a long long time ago, but instead they've just passed the buck on. Also, the same with these Cr companies, then surely they would've enforced more action too? I will forward the letter from the link above, and see what happens next. Thanks guys

I don't know if anyone will still follow this thread, but please accept my apologies for not updating it til now. I actually thought I had made more posts than what the date says on the last one above, but apparantly not, and probably my fault due to being stressed all the time anyway. Ok, I will let you all kow where I'm at. RMA eventually gave up the chase after several letters from me, informing them of the reasons I stopped paying MBNA (failed CCA request etc). They told me that the account would be passed back, and was.....only to then be passed on to another group of 'comedians' under the name of 'Experto Credite Ltd.' Now this lot are even more annoying and lacking communicative skills, than the others, and have made tons of attempts to ring me, even though I have never answered them and informed them that I can't be contacted via phone. I have gone through the usual palavour of attempting to explain the how's and why's of everything, only to be continuously ignored by them. One letter, they actually did acknowledge was that they would inform MBNA of my request but by law I should still be paying the debt...blah, blah, blah. The last I heard off these monkeys was them trying to offer me a settlement, so that I wouldn't have to pay the full outstanding amount, still not something I could afford or am willing to, even if I could. The latest letter I have recieved is from a company called 'HL Solicitors' who are now acting for Experto Credite Ltd to recover the debt. I have to be honest, I am little scared by this as this seems more official and no idea what to expect now. It states that they are giving me 7 days to pay the full amount or that further action will be taken. The letter was dated 21 Jan but only recieved a couple of days ago, so in their eyes, I have defaulted anyway now! I have drafted a brief letter up to explain the situation to them, which I will print and post to them later today. Can anyone please advise on this?

Had an unplanned busy day to distract me away from the computer, but have now reread your posts diddy, and have a couple of questions.. I understand they were in default a long time ago by exceeding the time given to send me my CCA request but what if one does magically come to light, can they still enforce it even though they've gone waay past the deadline? Also, I don't know much about this - 'act passed on 6 Oct 09 by Mr Justice Flaux' - does that apply to people that defaulted before it was brought into power and can they lawfully use that against me? Could you tell me a little more about this, when it is supposed to come into power and how it will affect people like me? I didn't write to them because, today..as said, events happened that prevented me from being here and also, even if I had, it would've been a gamble for it to arrive to them tommorrow, and probably as it wasn't including any payment, would've just been thrown in their rubbish pile anyway. One of the things that has really annoyed me with them is, they have sent me numerous letters stating that I've broken the credit agreement, mentioning the CCA but completely ignoring their part in the CCA! I shall await their next move.

Thanks for your replies diddy. Wow, while just pressing reply to this, then reading further down the page to acknowledge something that you asked..you had posted another reply! You couldnt've given me better news tonight and although it sort of sounds too good to be true, at least I now know that I can go to bed and sleep a little easier. I will recheck and hopefully absorb this better in the morning, but you have brought back my positivity that's for sure. Why did you ask me to look for the envelope though? Date I'm thinking..but it's one of those big ones where it has the letter box window and just standard stamped info on the front. Thanks again, I shall return here after a few hours sleep.

Firstly my apologies for disappearing from this thread and forum. I've had both computer and health problems, which has prevented me from updating here. I thought it was time that I did let you all know what's been happening and to also ask for even more advice. Ok, I haven't paid any monies to MBNA since last May (09). They gave me months of absolutel hell with constant phonecalls and of course put the account to the lovely RMA - whom absolutely bombarded me with daily phonecalls to house, mobile..plus texts, and letters. I stood my ground and after writing a couple of letters, finally managed to get them off my back. They gave the account back to MBNA as they knew it was illegal for them to pursue me while the account was in dispute due to me awaiting my CCA request. As already said, MBNA gave constant phonecalls, again to house and mobile...at various ridiculous times of the day and night, but they gave up after my partner said that no-one of that name lived here, and basically I kept ignoring the phonecalls. I haven't heard from them via the telephone for some time...the letters though, keep on coming. I have had various letters of threatening action, breaking my agreement and even offering me a deal where I'd only have to pay so much of my balance off to them. As tempting as that sounded, I still wouldnt've been able to afford to pay them anything like that had offered..in a lump sum anyway. I have continued sending them letters..mostly every few weeks or so. Same thing, informing them of why I have stopped paying them and why I put the account into dispute etc etc. I also made a point of telling them that every letter they have sent me does not refer to this fact whatsoever. I have had two letters recently which have concerned me. Unfortunately I didn't open either until tonight, as been too poorly and basically couldn't deal with any added stress. The first one(dated 4 Jan 10) is a letter of apology in not responding to my request for a copy of my CCA and that they hope to write to me further in due course...but...in the meantime I should continue making payments to my account and that some act passed on 6 Oct 09 by Mr Justice Flaux directed that even in circumstances where a lender hasn't complied with the CCA request, they can still demand payments to the account. The second one (dated 11 Jan 10) states that I must repay immediately any arrears on the account and that in order to remedy this breach they must receive a payment of £900+ by 28 Jan. Ifd I do not take action before this date then further action will be taken against me....court proceedings. They have threatened me before, but this 'act passed' that they mentioned has scared me silly tbh. There is absolutely no way I can pay them a penny and I've only got tommorrow to write to them, so really it's already too late and I am very uneasy about all this. Can anyone offer me some good advice please? I am willing to scan these letters and post here tommorrow if need be, it's just that when I read the letters my first thought was to come here and post. I really hope someone will read this and reply...in the meantime I will (tommorrow/today actually) compose some sort of reply to them, but I really need your help.

Thanks for all the advice guys, you are all brilliant! I actually remember now that the card means that they're gonna ring you at a certain time and not call..obviously a scare tactic for them to play on you. I did receive a letter from MBNA yesterday saying that due to my decision not to pay my arrears, and despite numerous reminders and offers of assistance (pfft!), that they were gonna withdraw my line of credit (obviously if they checked my account properly, they would see that I don't even have a bloody credit card anymore, and haven't for a long time!)..but also that they were going to inform the credit reference agencies. Well for the latter, I shouldn't imagine that my file is very happy anyway, and this is something that I would expect if I'm not paying a company, but what about my request for my CCA, why have they not acknowledged this at all?! I think I will probably type a letter out and send to both companies to remind them of why I'm not making payments.

Thanks diddy..was having a moment of paranoia there and was thinking that they're baliffs and gonna take stuff from my home.

Hi all, haven't been online much but thought I'd do a quick update..although nothing extraordinary to tell. Still been getting calls to my mobile from RMA, but have ignored all of them, it's pointless me ringing and saying that I'm not the person they're trying to reach, as obviously they are still trying. I did send the 'Account in Dispute' letters, to MBNA and a copy to RMA - both seem to have completely ignored them and have each sent me out letters saying that I'm behind in payments....really?..and to ring them immediately! I did however receive a postard saying that someone from RMA is gonna call to the house on Friday morning..obviously I shan't be at home! I'm not really sure what will happen cos of this though...please tell me that they can't force entry..or speak to my neighbours? Any advice please.

Thanks guys, you're just the inspiration I need! I am feeling a little nervous of not paying them, but if I hadn't found this forum, I know I would be feeling a lot more negative things and probably wouldnt've got this far. You're right shakti, this IS an adventure...and I've always loved them!

Still not had my CCA back so I am going to send the 'Account in Dispute' letter tommorrow morning now. I would've done so before but my printer decided to not work..but all is good again now. I have had MBNA ringing my boyfriend's house a few times, but they have been ignored. RMA ring my mobile almost daily and sometimes leave messages too, oh and I had one by text last week! I have rang them three times and told them that the person they are looking for has nothing to do with me and they obviously have the wrong number! I got very assertive with the last one and thhreatened to report them if I had any more calls. My min payment with MBNA is almost due, but they're not getting anything now this letter is due to go off - I haven't got the money anyway! Probably a lot of fun and games shall be happening in the not so distant future! I'm quite amused but a little frightened all the same.

As far as phonecalls go, they are still ringing my mobile and leaving messages most days, but I haven't answered them. Yesterday they rang my boyfriend's house but didn't leave a message. MBNA have this number so that's how they've got it. I've also had a letter from each company, which was fairly polite. I haven't answered any of them back as I have been waiting to see if my CCA comes. It is now 20 days since I sent it off, and nothing! I am due to pay them very soon, so would appreciate some advice now as to what my next move ahould be. I know I have to contact them both soon, otherwise I'm gonna get in worse trouble. How do I check that they've received my request and cashed the PO?

Thanks Shakti, I agree the best help is here, in fact if it wasn't for this place then I would be a lot more fearful than I am now. RMA tried calling again this morning, but I ignored. I'm not stupid enough to realise that very soon I'm gonna get the 'hate mail' from both companies. It'll prob be like buses, none arrive then they all come at once, but none of them will be the one I want to get on! I'll keep updating here and pop over to Capricorn's thread too. Thanks again.

Hi Capricorn, Got another call from the same lady at RMA this morning. As I put the number in my phone last night, I knew it was them, so just didn't answer, and will do the same to any numbers that I don't recognise. In answer to your question, how old is my card - this is something that I need to find out exactly..I'm sure I have some old paperwork somewhere, but off the top of my head, prob bout 5 - 6 years old, it was originally with BOS, but they sold me out it seems!

I recently started my 'war' with mbna and have been gathering up lots of info, from threads like this. I sent my CCA on 30 May and still haven't heard anything back. By my reckoning, they have up until the 15th June, which is next Mon. I did however receive a call this evening from RMA..I have unfortunately dealt with them before cos of this wonderful entertaining company! I told them that they must have the wrong number(not even sure how they have this no.), as I'd rather wait to have any contact, until the 15th comes, and more specifically see if my CCA request comes! No doubt I'll be receiving an interesting letter off them soon though...groan. Anyway Capricorn1601, I shall be following your thread intently, and my heart goes out to everyone who has to deal with this s****y company. If you want to check out my thread, it's here.. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/201787-mbna-debt-help-new-post.html No doubt I'll be able to soon provide you all with a very entertaining read! Good luck everyone!

Thing is though, apart from the gas and council who I've been paying reduced payments too, I haven't felt the need to contact anyone else as the payments and amounts are relatively low and manageble, and nowhere near my debt to MBNA.

Thanks on both accounts. Also, can I just ask if I have to contact all of my creditors and make arrangements to pay reduced payments, even though it's only MBNA that is causing me the problems? I am getting mixed opinions on this. Some say that yes I must, but others say that no I don't, as it is the large debt with them that is causing me all the problems. I know if I go down the consolidation route, obviously that will be the case but initially I only wanted to sort out MBNA as my other debts are relatively small in their minimum payments. I know all this will affect my credit file, but it's gonna be even worse if i go the same route with the others. MBNA themselves told me that I have to contact everyone else or they couldn't help me.

I just wanted to give this a little *bump* as I'm still worried about the fact that I left out my address on the CCA request to MBNA. I'm hoping to get the SAR thing done tommorrow. While I'm here, one thing I wanted to ask is..has MBNA got any right to know who my other creditors are? On a previous conversation to them last week, I was told that they needed more information in regard to the expenditure I had sent them..ie. , other creditors, full balance info etc. The way I structured it was....'other credit card,' 'catalogues.' I am sure that I read somewhere that a company has no right to know the names of exactly who else I pay, but am now doubting that. Can anyone please clarify? Thanks:)

Ok, I've sent off for my CCA this morning but I kept having this feeling that something was wrong. It's just come to me that I very foolishly forgot to put my address on it. Although I know that they can get my details from my name and acc no, should I rely on it, or resend it all on Mon morning? I know how awkward this company is, and am worried that they could use this as some excuse if they don't reply to me.

Thanks for that info, but bloody hell, I can't believe how naive I am...but what has this world become! I had been thinking about how much stead a printed signature would carry, and will definately be using this option in future. I am however still concerned that they already have my signature from previous correspondence of late, but not a lot I can do about that now I guess. Time to wise up I think! Thanks so much everyone for all the advice and insight, I am learning so much, and will continue doing so.

Ok, thanks for that. I've been reading some MBNA related stuff on the net and I came to a thread on another forum where someone was advised to contact them for their CCA, but was worried about sending a cheque incase her signature was scanned! She was told that it was because of these stories that sending a postal order was the best option. I was quite horrified about the thought that this may go on in companies but am now worried about putting my signature on any written correspondance that I send, but as talking to them via the telephone is no longer an option, what can you do. Am I being over-paranoid here?

Thanks, and yes you are absolutely right about the Citizens advice. I only started hearing about these CCA's etc by doing my own research online and reading through forums. Thankfully I'm the type of person who likes to get as many opinions as possible rather than acting on just the one. I've just printed out the template for the CCA letter, but something occured to me that I thought I should mention... After I had sorted out my problems a couple of years back, regarding the doubling of APR, and finally getting my account back on track, something strange happened. I had a phonecall off MBNA telling me that my card had possibly been used fraudantly and that not to worry they would close the account immediately and issue a new card...this being the only ever time that they were pleasant and helpful. They did just that, closed my account but no card came. When I chased them up they said that they wouldn't send another card as I was teetering very close to the credit limit and it wouldn't be wise etc etc....which I had to agree with. Anyways (sorry for my long winded-ness), when I send this CCA letter of request, should I ask for the info regarding both acc. no's and send a postal order for £2.00? This account number only had relevance for the past two years (or just under), the old number, when 'active' I had for about 6 years.

That is very interesting - thanks. I am very intrigued by this and will definately do as advised.

Thanks for the welcomes and the advice given. I keep hearing stuff about CCA's and have also seen SAR mentioned before, so will definately check those links out. A couple of things I will mention is, I am long term unemployed and on benefits. I haven't had any default notice off MBNA yet, as I've managed to pay them up until now. I did have some complications with them about 2 years ago as they doubled my interest...but that eventually got sorted out. I am aware that they will already have referred me to a debt collections agency..as they did this before also and I should start recieving these nasty letters sometime next week. I agree that I should never discuss via the telephone, and have finally learnt my lesson on that. I've never had any good communication with this company, they are just very unapproachable and horrible to deal with, it's beyond belief! Another thing which may be worth mentioning is, I never initially applied for an account with MBNA. The credit card account was with RBS, but for some reason was given over to them. I very foolishly never followed this up, but it was about 7 years ago. To my knowledge I never signed anything, but was told off an advice line earlier today, that as I had been using the account and repaying it, then it makes no difference.

HI, I wonder if someone here can help advise me? I no longer have a credit card but I have a rather larger outstanding account with MBNA, which is just under £9000. I have been finding it very difficult to make the min payments the last few months, and have even had some help with borrowed cash from family. I finally came to the realisation that this debt is crippling me more and more as time goes on, and that what I am paying is only actually covering a few pounds off the actual balance, and the rest being eaten up by the interest. I went to C.A.B and they gave me some info and told me to contact them with what I could afford to pay them and ask them to also freeze interest. I wrote them a letter, also accompanied by my incomings and outgoings, and outlined that I would like to set up a repayment plan of £50 per month. My current payment is between £115-£145 (basically whatever figure they decide to pull out of thier hat) per month. I know what I have offered them seems measley, but I'm really struggling at the moment. They replied and asked me to ring and discuss this further. I have done this, and over the last two days have spent rather a lot of time talking to people at the company, who have done nothing but confuse, patronise and intimidate me. They seem to think I have at least double that spare per month but refuse to give any sort of explanation on 'their' figures. The phonecall yesterday left me shaking and in tears....pathetic I know. They told me to redo my assessment and refused to take any other payment than the min, of what I owed for this month. Since then I have managed to pay them £50 today which they accepted. I have got other debts but all of which are small in comparisom to this, and am 'just' about managing. Most of the advice I have been getting is to consolidate all my debts into one, which I'm reluctant to do. Also that if I don't pay MBNA then they will apply for court action and could even enforce a bankrupcy order against me...which has scared me to death! I'm hoping to go to the C.A.B again tommorrow, but am trying to get as much advice and opinions as possible as to what I can do. Is it right that I have to go through this proceedure with everyone, just so that MBNA will meet me on better terms?