Good Afternoon I've had the same problem and your issue is quite simple to resolve. 1. Stop paying if you look like you can afford to pay the card companies won't offer any kind of settlement. 2. Don't get into the I want to dispute your legal authority to enforce this debt and request a CCA etc. It takes an age and anyway you probably took out the card properly and your now trying to weasle out of paying. Accept the truth you can't afford to pay. 3. Wait about 7 months (without paying) 4. Keep a good storyline for when they ring (it will be often) e.g. "that you can't afford to pay an your monthly outgoings exceed your income". 5. When you look like a lost case tell them that your sibling has offered to assist you in paying off your debt, but he's an unreasonable so and so and he's only prepared to offer 35% and that it. (Your broke so can't put a shilling to the amount). Wait and dont fill in the silence with conversation, they might say they can't accept that but keep the story its your siblings offer and thats it. Even let them ring you back, keep the story the same. They'll offer to settle. 6. Get the offer in writing as a "full and final settlement" and pay up and wave goodbye. Your credit record will be shot in the UK for 6 years but so what hope this helps

LL don't despair, compliant customer get treated very badly and your urgent need to resolve this issue is not helping your situation. The default statement is true it will stop on your file for 6years but if MBNA go down this route then why would pay them a penny more. They want to reduce their exposure to this debt just like you want to settle it. If you want to reassure yourself add up all the interest and charges you've paid since opening the card and I bet its not far off the outstanding balance, so their exposure is less than zero. So the money they get in settlement of this debt adds to MBNA bottom line. Your approach should be to settle this debt for as little of the outstanding balance as possible about 35%. The only way you'll achieved this is make sure MBNA think that you can't pay any more money and your treating all your debter the same. So develop a story and stick to it. Good Luck LL

Dotty I actually hav this in writing DCRI Ltd letterhead. I wouldn't accept an email from anyone. LC

Short Settlement Offer does any one have an opinion on wether this is a good offer? wording as follows Further to our recent communication, I can confirm that a payment of ££££ 35% has been accepted as an ex gratia settlement of the above account. Once payment ahs cleared on the account MBNA will register a partial settlement with licensed credit reference agencies and a default will remain registerd. However you will not have to repay the remaining balance, and neither DCRL nor MBNA or any associated company will pursue the matter further. The balance will show as £0.00 and the status will update to PS (Partially satisfied) waiting LC

First of all thanks for all your input, its nice to know I'm not alone on this. The residency issue and legal ability of MBNA to easily persue debt accross borders makes interesting reading, it gives a little help to my negotiation for a full and final settlement offer the current offer is 35% and only partial. My opinion is I may as well default as take a partial settlement. However, I am still getting phone calls and emails but no notification of a default notice, I'm paying £1 a month at the minute(on severe hardship). Perhaps this is some reflection of the residency issue. Would any one have a legally water tight wording for a Full and final offer letter, I want request the text be used by MBNA. I don't want to pay them money only for them to sell on the debt. A strange thing has happened all the people I'm now dealing with have a Liverpool accent would anyone have any ideas on this, previously I have dealt with other people from MBNA. Have I changed departments here. I'm currently using a third party funding option as a means to negotiate a much better offer from MBNA. Basically my third party is ready and willing to stump up the cash immediately if they fullfil his criteria. This is working well because if they lean on mean to accept I default to the third party and tell them he simply won't give me the cash if they don't help me out in meeting his conditions. Simply their going nowhere if they don't consider his request. Looking forward to your reply, keep up the fight. LC

Dotty thanks for the response am reading everything at the minute I called my account manager this afternoon and asked if they'd assessed my offer. The person I was dealing with had changed and the new person would like to send details of them accepting my offer by email, however for data protection reasons I had to be sent an email first. Anyway it arrived within minutes from Name Blah Blah DM - Dave Jones with an email address [email protected] Is this MBNA or a Debt Management company? Can anyone help.

Dotty thanks for your reply, I think were all in the same boat with the CCA, so its really not a good lever to negotiate a settlement. I find MBNA to function quite disfunctionally, if you get the guys in India on the phone they simply request payment either now or latter, but it more an annoyance than sinister. However the Liverpool call centre can be quite forceful if your not comnmitting to anything. The can't pay vs won't pay issue is big in the decision making process of MBNA so if your paying the minimum payment and your a long way from Defaulting don't expect to talk about Full&Final settlements. (I think MBNA see you as in some sort of domestic abuse victim too compliant to risk your credit history and stuck in an abusive relationship) I've initiallised a strategy of paying nothing and pleading poverty (that the situation I'm in, so no need to be proud). Also they have become very aware of mental health issues so sounding very down on the phone seems to trigger specific activity at their call centre. I've looked at claiming charges but I think the recent court decision on charges has made the banks feel they are likely not to have to pay out and hence they've decided to stop automatically paying out particularly on the £12 level. Thanks for the input on charges Landy_Alert.your situation. Has anyone recently got an offer of a Full & Final Settlement offer as they seem particularly married to a partial settlement offer (not a good idea I know). Can anyone offer advice here.

Dotty thanks for the link my 2005 CCA is present and show Enforceablility : signature and prescribed terms on various pages. Enforceablity depends on whether a court decides signature and prescribed terms are in the same document. So not a open and shut case unless any one has any input? Receive a letter today detailing a payment plan of £1 per month with suspended charges and interest. However the letter did inform me that payment of this level will not be sufficient to prevent a default from registering. (then lots os bad things will happen to me) I'm still awaiting the feedback from my full & final settlement offer from a third party. They promised to ring back yesterday. As for charges on the account there were a number of £25 charges (£50 Total) at the start but mainly £12 (£564 total). Is it possible to claim these back at the moment. I didn't sign up for PPI. Thanks for all the help. LC

Dotty thanks for the link, now I'm really confused. I'm currently cashflow negative spending more money than I earn in my basic salary evry month, I can earn extra income and have ben using this to tread water. I've been trying to reduce my outgoings and will reach a neutral position if can get a result on MBNA and Barclaycard. MBNA have offereda partial settlement to start, I realise this is worthless but it starts the conversation. Barclaycard are a much harder nut and I'm on a payment plan at the minute, although Mercer are managing this. I speak to them every month to pay them and I get the impression they want to start talking. Your previous thread did reassure me that BC will offer Full & Final. Previously I thought this wasn't possibe. Thanks for that. My question is is the CCA for MBNA legally enforceable, see link above. Can anyone offer me advice on this. My SRA charges and interest account for more than the ouststanding balance with MBNA so I think this helps in getting F&F. Please help

Can some offer me advice I made a CCA request on my Virgin MBNA account and received the following copy. Is this a valid CCA (account opened 2005) MBNA CCA 1 on Flickr - Photo Sharing!

Well update please offer advice I brought my account into good order and basically nearly financial crippled myself prior to christmas and MBNA wouldn't even talk about helping me manage this debt. I now understand that if you try to do the right thing they assume your a mug and then keep screwing you for a minimum payment that you can't afford. So I entered into a new strategy no payments for 5 months and requested a CCA and SRA. Got a very poor copy of my CCA almost illegible and a SRA file about an inch thick. I'll post the CCA later but the SRA did tell me taht of the £9.9k I owe them about £9.8k is interest and charges. Well guess what they want to talk short settlement I did a Income review with them (I have no money any way and my house is in nearly 6 figures of negative equity so whats their to loose) the MBNA account manager said they couldn't offer a payment scheme as I had no money left to pay them. (no surprise there then). She suggested I ring family friends and the tooth fairy to see if I could come up with a settlement figure, any ideas of a value to start with? This is a short settlement and my credit file will be effected and no offer to correct this yet (were negotiating, as anyone got MBNA to short settle and correct your credit file. I know a DCA is sometiome easier to deal with but I'd rather settle this debt with MBNA and move on. Is anyone else in this position and could you offer advice.

Slick thanks for the quick response No signed agreement and still waiting for the subject access request. I assume they'll take the full 40 days. (24 days to go) Any suggestions on the CCA request next steps? LC

Hope this helps. Flickr: Limerick_claret's Photostream

Slick another letter arrived this morning any idea what for?

Slick What Next Received Letter from Barclaycard today what to do next is the big question?