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.

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.

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.

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.

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.

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

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.

Wow that's so kind of you, thank you very much

I didn't have any of either so nothing to reclaim

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

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.

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

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

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'.

Have zoomed in on the pdf of the reverse of the app that I posted and T&C's are on there.

I tend to keep everything and have got every statement right back to when I first opened the account in 1999 and loads of blank cheques they've sent me over the years but the earliest letter with some of those is dated 2001 and i don't have any booklet or any letters or T&C's earlier than that.

Yes, it's the exact same 'agreement'. The app was done by post (I wasn't online in 1999 LOL).I can't remember the details of the app but looking at the form, I've handwritten all my details but my name and address plus a ref no are typed in the address box at the top left so I dont know if it was maybe a promotional form that was sent to me.

Sorry I've taken so long to reply but I can't really make head nor tail of everything. The SAR request stuff I received from MBNA was all A4 paper prints totalling about half to threequarters of an inch thick. There's a copy of the application that Aktiv sent me plus a printout of all transactions on the credit card, quite a number of pages that look as if it was any MBNA actions on the account like waiving a fee, issuing a new card etc. The majority of paperwork seems to be computer print outs of notes on the account and a glossary and abbreviation of terms. Is there something specific I should be looking for?

Oops sorry just realised the 28/4/2013 date is 'updated' date. when I click on the details it says 'date of default' 31/10/2012 which sounds about right. I couldn't remember if it was September or October that MBNA said it was in default. MBNA doesn't appear on my Noddle report only Aktiv. Thanks for all your help.

Thanks for such a quick response. It's the required terms & Conditions and all the relevant financial data that confuses me. I really don't know what exactly should be there. There's no specific credit limit or APR on the front page as that was just me applying for it. MBNA did their usual trick of increasing the credit limit several times over the life of the account. I think it started at about £1000 or £1500 and ended up as much as £12500 without them even checking my financial circumstances as I hadn't been able to work since 2000! Of course it didn't matter at the time as my son was using the account. Hindsight's such a wonderful thing PS. I assume the acceptance stamp is maybe them approving my application.

Thanks about the offence bit...glad I hadn't written to them. It was March 2012 when normal payments were stopped and I immediately contacted MBNA advising them of the situation along with my budget sheet and stuff I'd downloaded from the CCCS website. Although my budget sheet showed there was nothing left to make any payment at all to MBNA, I said I'd pay £10 monthly which I did from March 2012 till October 2012 inclusive. I stopped payment as that was when MBNA sold the debt to Aktiv and MBNA said to stop payments to themselves. (I really didn't think MBNA should've sold it at that time as I was still awaiting them to deal with a SAR request I'd made. (I never got the SAR request from MBNA till about March this year!) MBNA sent me default in September 2012. I've not checked Experian or Equifax but I joined Noddle and although Aktiv said the account was on hold I see they have actually now have placed a default on my Noddle account on 28/4/2013. HTH

[ATTACH=CONFIG]43977[/ATTACH] [ATTACH=CONFIG]43975[/ATTACH] [ATTACH=CONFIG]43976[/ATTACH] daverules - thanks very much for the help. I've re-attached the docs and hope I've done it right Sorry it's still not right. The pdf's show ok on my manage attachments once I've uploaded them from my laptop and I clicked on insert inline but the links seem to be going back to my laptop! Ahha. have people to save the attachments to their own computers in able to see them?

I emailed Aktiv with a CCA request on the 29th January. They replied on the 6th Feb saying they'd contacted the original creditor for copies of the original documentation and would be in touch. They also said that 'in the meantime, I have placed your account on hold and it will remain so until I am able to bring the matter to a satisfactory conclusion'. Due to health issues I didn't chase them up but they sent a letter dated 21/2/2013 confirming that they were still waiting on the info and the account was still on hold. I'm sure they also sent similar letters in March and April but I can't find them at the moment. Again due to ongoing health issues and DWP problems, I didn't send Aktiv a 'you've committed an offence by not providing CCA in time' letter but I don't know if that makes any difference. I've now received the attached copy letter dated 10/5/2013 attaching a copy of my original MBNA application form from 1999. I've also attached copies of both the front and back of the form (without personal info of course). I didn't think an application form could be used as a CCA but thought I'd better ask the experts before I write back to Aktiv. They also attached copy MBNA statements since I went on to a token payment plan of £10 in March last year. I'm not trying to shirk the debt but, to cut a long story short, the debt (just over £10K) belongs to my son but unfortunately the credit card was in my name. He was paying the debt for years but, he's now got married and with his wife's influence has cut off all contact with me and left me with the debt I already knew that with the account being in my name there was nothing I could do but I did check with Citizens Advice who said the same. I'm disabled, not able to work and not in a position to repay. I was hoping to maybe negotiate a Full & Final settlement when I reach retirement age in about 13 years if I get a lump sum from my very small private pension plan. Prior to requesting a CCA, Aktiv had twice written offering a discount (only just over £1K off the debt) - the frst time was in December last year and in only their 2nd letter to me) but having read threads on here, with them offering a discount, it makes me wonder if the debt is unenforceable? Please can anyone advise if the debt will be unenforceable and what should I do now. Any help is very much appreciated.

I like Kleenex Triple Velvet but only buy it when it's on offer. Recently discovered Nicky toilet paper in Home Bargains at £2 for 9 rolls or £4 for 18 rolls. It's great, strong,smells nice, lasts OK etc. It was recently voted top for value in an episode of Superscrimpers when they tried it against a couple of supermarket basics plus Andrex. They said it's Waitrose who usually stock Nicky.

I was always told it was best to keep the heating on low for longer rather than short bursts on high. Must have a look at the window quilts.