HI Boss They are currently but I have sent them a letter saying that the account is in dispute - so eventually I can take further a F&F in the future

Hi Boss - I have stopped paying them after they said they couldn't take any court action. Since then they have not responded other than a statement which I was expecting anyway. I have CCAd them but not SAR - I am waiting now until they start getting nasty and then I will look at F&F.

Hi Boss - not at that stage yet - I have only just stopped payment. I am interested to know why you made small monthly payment as from what i have read the debt is unenforcable and as you say they keep adding on interest and charges anyway!! I think is they pass to a DCA then there is not much that they can do - others may be able to advise better.

Hi - I took my abbey card out about the same time - 1998. There must be a lot of customers for whom they can't find an agreement.

Hope you can help. I have 3 accounts with MBNA: Loan MBNA Card Abbey Card I have stopped DD on all of them and sent a token £1 payment on the loan and MBNA card as I have previously CCAd and they sent agreement. I sent the standard letter from National Debtline and asked them to freeze all interest and charges. I am in a bit of financial mess at the moment and MBNA have not helped as they keep jacking up the interest rate. I have not sent any payment on the Abbey one as they can't find the agreement. I have received the following letters: Loan - default sum charge of £25 and another one to contact them about a reduced payment plan and another one from Aegis asking me to contact them urgently re arrears - all in the space of 3 days MBNA card - cut up your card - account restricted and another one to contact them about a reduced payment plan Abbey Card - "Thank you for your letter regarding our mutual customer's requests for their personal data and other information held by MBNA. We are not able to process rge request as no payment enclosed. PLease return your written request with cheque/PO" I cannot understand this as I CCAd them nearly a year ago with the £1 and they have written to me in the last week to say that they cannot find the agreement but the debt is still payable blah blah. Any advice on what I should do next with MBNumptees would be most appreciated as it seems they just keep firing off any standard letter they can. thanks

thanks guys but things are getting really tight with wife getting no work - might be able to ask her dad to help us a bit - should I wait before offering a F&F or just go for it now before they get too nasty or will they think its too soon. Payments currently up to date but I have stopped the one coming up in 2 weeks.

Hi I have an old abbet credit card account which is now owned by MBNA. They cannot find the credit card agreement and have written to me to say that although they can't take court proceeding I should still keep payments up and they are quoting 2 cases MbGuffick vs RBS and Carey vs HSBC. What should be my next step with them?? The balance on the account is about 10k

Not sure what to do with egg.....they are charging me £425 as a min payment on a balance of 13k because they keep putting the interest rate up. Just nearly been made bankrupt from a failed business but need to pay a priority creditor - should I try to negotiate a lower monthly payment from egg or stop paying and send a token payment? Has anyone got any experience of F&F with egg - can try to borrow some money to clear it once and for all Any help appreciated

I would be really interested if you have had any interest returned. I complained to MBNA about my other card and they have reduced my interest rate from 34% to 24% - still extortionate compared to what I took the card out on and disgusting behaviour from them considering I have never missed a payement in 14 years. Should I write to them and request a refund of interest or complain to FOS They still can't find my Abbey agreement and keep sending me letters saying they are looking for it - delay tactics!

I wrote to MBNA in November asking for my CCA for all my accounts with them. I received 2 agreements back but not the Abbey CC one which they have taken over. I wrote to them again in January and February as they were well outwith the time limit with no response. I hacve continued paying them in the meantime but today I received a letter saying that they were trying to obtain documentation from the other lender(abbey). They have then said that I should continue paying them and quoted the judge from Mcguffick v RBS who apparently has said the lender can continue to demand payments even though the lender has not complied with the Act. It is quite obvious that they do not have the agreement - what should I do? I was going to stop payments and see what they did as they have continued jacking up my interest rates even though I have never missed a payment to the point where it is becoming difficult to pay every month. Why would they take on a load of accounts without the relevant paperwork in the first place?

Hi Dotty unfortunately the real ones are not too much better but looking at the thread above it does look like they might be enforcable. My fight with them now is about the interest rate - they have responded to my complaint letter with a letter saying that they are investigating (stalling!) I think I will go the FOS now with my complaint.

thanks for all your advice Dotty - seems the MBNA one is enforcable - it is the same as the 1996 one in the thread. Might stop DD and then offer them a F&F settlement if I can borrow some money!

thnk you Dotty - I will definitely check out the thread. I have been studying and restudying the CCA they sent and it is an application form rather than a completed agreement - i have read that someone is testing that through the courts so it will be interesting to see what happens. I have written MBNA a complaint letter about the way my call was handled and their refusal to tell me why my interest rate has more than doubled despite a good payment record - will post reply when I get it. Looked at me egg cca yesterday and that interest rate has nearly tripled in the time that I have had the card - again with an excellent payment record - i feel another fight coming on but that agreement refers to an approved limit rather than a credit limit so may be unenforcable.

forgot to say - I also asked them why they were offering people rates of 5.9% for life if conditions were so bad - again no answer and I asked if I could transfer my balance on to one of these cards being a long standing customer - they said I would have to apply for one of those cards as a new customer. Why aren't they helping their loyal customers????

HI I have had this account since 96 and recently requested my CCA. They sent this back to me which I believe is an application form and not an agreement. Advice on validity and next steps would be much appreciated. Especially since I called them today to ask why my interest rate had gone up from 16.9% to 34.9% in the time that I have had the card, having never missed a payment, defaulted etc. They gave me the most unbelievable flannel I have ever heard such as they have to charge more because the interest rates are low and the credit crunch, state of the economy etc etc. When I asked to speak to someone more senior because I wanted to enquire as to the specific reasons regarding my interest rate being jacked up despite my good record they refused and just said it's a variable rate card so they can do it legally. I asked what was the difference between them and a loan shark and the response was "I can't answer that"!!!!!!! http://i1014.photobucket.com/albums/af267/skhanna76/Doc-03_02_20101703-page-1.jpg http://i1014.photobucket.com/albums/af267/skhanna76/Doc-03_02_20101714-page-1.jpg I hope I have put these on right - first time I have done this.

I have just received back my CCA from Egg after 2 letters for an agreement from Aug 2000. They sent me a "true copy" of the orginal agreement with my signature and also a copy of my current ts&cs. In the current Ts&Cs which are at my new address they have stated my APR at 6.9% and my min payement as 2%. I have just checked my account and the APR is stated as 29.9% and the min payement is 4%!!!! Can I hold them to the "current" Ts&Cs and what is the best way to go about it? I was thinking of writing a letter along the lines of asking when the current Ts&Cs that they recently sent me took effect from and then claiming back the interest......

Hi I have quite a large amount of unsecured debt: MBNA cc - 15k Abbey cc - 10K MBNA loan - 12k Egg cc - 12k Although I have never missed any payments, it is becoming harder and harder to keep up with the payments especially as MBNA keep increasing the interest rates for no apparent reason and I have recently had an injury which is going to keep me off work for 3 months. I may be able to get hold of around £10k so was wondering whether F/F settlements through a third party should be my first step or should I go for a DMP like payplan. If I go F/F should I try to negotiate this with them first or just send them a cheque through a third party as I have seen this on a different thread? I have requested CCAs from all in Nov and have only received replies from the MBNA CC and MBNA loan - can I still go down the unenforcable route if they are not correct? Thanks

Hi I am in a similar situation to some of the guys above - I haven't defaulted on anything yet but that day may come soon and I want to avoid it with F&F settlements if I can. I have a personal loan with 11k left and 3 credit cards totalling around 38k. Really interested in the idea from andie_303. has anyone else done this with success? Is it best to offer 10 or 20%?

yes - i was told by the broker what to say when they rang and also my wife was prepped as well. hindsight is a great thing but we have this 100k loan now on a property which is in neg equity so wondering what the best way to deal with it is

thank you for your help - i am seeing my accountant on friday and we will send them a further letter with the relevant info. Hope they stay away from the house but I hear that they have been very active recently with the number of businesses that are having to close and default on rates. It's hard enough with out this too!!!

Hi I took out a Picture Secured loan in dec 2006 which is secured on a property other than the one I currently live in. It was for 100k to purchase a business, however the broker I went through said to tell them I was buying a boat! They processed all the forms and even got a picture of a boat and sent it to them. Unfortuantely the business has run into difficulties and I am having trouble keeping up with the loan - no arrears yet - just difficult every month. Should I tell picture what happened or is that opening a can of worms as they might blame me and I could get into trouble as I signed a document? Could i look at whether the loan is enforcable as from my recollection the money went into the account the day after they approved it? I have asked picture why their interest rate has not dropped at all in line with the bank rate and they gave me some waffle about it not being linked - has anyone had any success negotiating with them? thanks

Hi Hope you can help - newbie here. I am in Scotland and had a business which was sold at a loss in sept 08. Last week a sherrif officer sat outside my house until my wife came home and presented a Charge for payment for rates due in Financial year 2008/09. As this charge relates to a portion of the financial year that we were not in the business property can we put this into dispute? Also if this relates to a business which was a Ltd Co but the rates were in my name - can we pursue this as a claim against the company? I have written to them (is the best way?) explaining that we did not have the business for the whole of 08/09 and that the business has been disposed of at a loss and there are no funds to pay this request. Do I need to do anything else? thanks in anticipation