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Bob Spiers

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About Bob Spiers

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  1. On my closed accounts on Noddle, MBNA has status as Satisfied and in the details on the account they've put 'date of default 31/10/2012' , 'Account End Date 31/12/2012' and it shows a default on October with 'Account Defaulted' on November and December 2012. On my Noddle Open accounts AK have status as Default and in the details on the account they've put 'Account Start Date as 29/10/1999' which is the date the account was opened with MBNA? They've also put the 'date of default as 31/10/2012' and on the months at the bottom, they've put a Default on March 2013 followed by 'Account Defaulted' in April, May, June, July, August and September 2013. For some reason they were very, very late in putting the 'Account Defaulted' on September. It was while I was waiting to hear if they would write the account off or not and it got my hopes up for a few weeks LOL.
  2. I've already got a SAR from MBNA. It took them months to provide it. They ignored my first SAR request - but cashed the cheque and sold the debt to AK instead. It still took MBNA another couple of months to provide it after I chased it up. Is there something in particular that I should be looking for on the SAR? Correct me if I'm wrong but I keep thinking that, if I was taken to court, a court wouldn't look too favourably on MBNA for 'encouraging' the debt. ie. account opened in 1999 with a £1200 credit limit. I became disabled and unable to work in 2000 yet, over the years, the credit limit was raised to £12500 by MBNA without me asking them to nor them ever checking on my financial status. If they had they would've seen there was no way I could afford such a debt. The account was in my name but was used by my son although he didn't become an actual additional card holder till 2011 at MBNA's suggestion so he could contact them direct about the account as he was making payments from his bank account. As I said earlier too it's easy to see that it wasn't me paying it as the payments were more than my income. There's also a couple of personal things about my son and his health that I feel a court would have empathy with and, having told AK the full situation regarding my son, I think they might realise it too. I'm really loathe to start payments as nothing has been paid for a year now and, although I've written to AK I keep telling them that although the account is in my name, it's my son's debt, not mine. I feel as if they just want me to pay £1 so it'll stop the SB time clock so I don't know whether I should call their bluff.
  3. That's what I thought so I was suspicious at them offering a discount (albeit only about 10%) before I even replied to their first letter. I wouldn't be surprised but there's something wrong with the paperwork. It's an old MBNA application form and combined CCA from 1999 with only a few of the T&C's on it. It even says to refer to the T&C's but, of course, there aren't any with it. I really don't know what to do next. Edited to add - I don't think there was anything wrong with charges as there was rarely any on the account and there wasn't any PPI. They hiked the interest high years ago but that was normal with MBNA.
  4. Thanks very much for the replies. By lemon debt do you mean they know they'll never get it repaid or do you mean they think the debt's unenforceable? I really don't know whether to make £1 a month payments or not. On the one hand I want to show willing and would happily pay it forever but, on the other hand, I don't want to pay it and then they start harassing me a few months down the line. They've already started phoning me again even though I'd requested months ago that they only deal in writing.
  5. Long story short Aktiv bought MBNA credit card debt which had been incurred by my son. Unfortunately card was in my name. Son made payments to MBNA for years (his monthly payments to MBNA were more than my income) until he incurred mental health problems and b*ggered off leaving me with the mess. I've written to AK advising of situation, got copy CCA from them (it's an old combined application form/CCA from 1999 WITHOUT full T&C's), used template letter asking Aktiv to write off debt, explained about my son and said all I could offer was nominal £1 a month (also sent AK budget sheet showing I have no spare income as I'm disabled and on benefit). AK wrote back saying "Having reviewed the details and based on the information that you have provided, I can confirm that AK can not agree to writing off the balance and closing this account. This decision has been based on your income and expenditure and the severity of your health issues. I do wish to be constructive in this matter and sympathise with your situation. In an effort to assist you AK is prepared to accept nominal payments of £1 per month towards your outstanding balance. This decision has been taken in view of your current situation and will be reviewed in 6 months unless we are advised of a change in your circumstances." I almost sent them £1 right away but something made me suspicious. Why were they so ready to accept £1 a month plus why the 6 month review when they know my financial situation won't change? Nothing has been paid to the account since October 2012. Am I right to be suspicious? Debt is just over £10K and AK offered just over £1K discount in the second letter they wrote me after they bought the debt in November last year and before I've even replied to them. Maybe I'm too cynical but something just doesn't seem to sit right with me.
  6. Thanks for getting back to me. The only contact, since the earlier posts, was a letter from AK on 18/6/2013 saying 'in order for us to conclude the queries raised we do need to hear from you as requested'. I won't be in a position to offer a F&F till I can take my personal pension which will be several years away yet. I was intending sending AK an up to date budget sheet from the Stepchange website. It would show that I don't have any surplus income/funds but I was thinking that although there's no funds, I'd offer a nominal £1 a month payment
  7. I'm sorry to be a nuisance but I was wondering if you'd had a chance to do this yet? I haven't replied yet but really need to plus they chased me for e reply a few weeks ago. Thanks again, your help is much appreciated.
  8. Wow that's so kind of you, thank you very much
  9. I didn't have any of either so nothing to reclaim
  10. Thanks I see what you mean. Is there a template letter I could use? I'm having a look at the template letters but I can't see one. I like the 'Ask creditors to write off the debt due to your circumstances' one. I'd love to send that but somehow I don't see them agreeing
  11. Does that mean you think the debt's unenforceable without proof of ever receiving a separate booklet or something on T&C's? I'm sorry if I appear thick but this is all new to me. I'm not trying to shirk out of it and would negotiate a full & final settlement if and when I can take my pension. I've just done a current Stepchange budget sheet and it shows there's no income left for payments so I'd only be offering a nominal £1 a month to Aktiv. As I'm disabled and not able to work my income is never going to vary much. PS. thanks so much for all your help.
  12. I'm still wondering how to reply to Aktiv. I'm thinking of doing an up to date budget sheet from the CCCS (Stepchange now) and offer Aktiv a monthly payment as per CCCS calculations. I imagine that, due to my income, the payment will be very little or maybe even just a nominal payment. Is that the best way to proceed as I'm not in a position to repay this debt - as I posted at the beginning it's actually my son's debt but he's done a runner and the card was in my name
  13. I don't think so because I haven't got them and as I said earlier I tend to keep everything especially T&C's. I do have some more recent letters with amendments to T&C's
  14. Yes....it starts off with a box about 'Financial & Related Conditions' with a box below about 'Loss or Misuse of Credit Card'. Below that it says....... 'Set out in paragraphs 1-12 below are some of the provisions contained in Conditions 8 and 9 of the MBNA Credit Card Terms & Conditions. The other conditions referred to in those paragraphs and the applicable definitions can be found in those Terms & Conditions'.
  15. Have zoomed in on the pdf of the reverse of the app that I posted and T&C's are on there.
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