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About hewhomustbeconfused

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    Basic Account Holder
  1. One card was taken out in 2002 the other in 2005, there are no penalty charges as MBNA suspended interest charges and I think I only ever had their free PPI that they offered for an introductory period.
  2. I have been reading on the internet about s.77/78 of the Consumer Credit Act 1974, OFT1272 suggests that in response to a CCA Request they don't have to produce an original and that a "true copy" can be an agreement and a statement that it was our policy to always have a signed agreement before setting up an account, so is a CCA Request any use?
  3. As I say I have not asked for a CCA or corresponded with Aktiv in anyway to date.
  4. I had two credit cards with MBNA, I had problems making the full payments due to health issues, I therefore paid them a token amount as suggested by "mymoneysteps" website. After about 9 months they wrote to me and said that they were recording the accounts as in default. They then (about 2 months later) wrote to me and said they had sold each debt to Aktiv Kapital. I have continued making the token payments to MBNA and have ignored requests from MBNA and Aktiv Kapital to make all future payments to Aktiv Kapital or corresponded with Aktiv Kapital in writing, I believe I may however have spoken to the latter on the phone. My questions are, 1. I assume that MBNA do not have an enforceable CCA otherwise they would have made an effort to collect the debt, and therefore have "sold" the debt to Aktiv Kapital? I have not entered into any correspondence with Aktiv Kapital who regularly send me a discount offer of repayment. 2. a) If the CCA is not enforceable, then I assume they do not have a right to assign the debt either? b) If the CCA is not enforceable do MBNA have a right to mark it as in default as this effectively terminates the agreement but if one doesn't legally exist is it possible for it to be in default? 3. What should be my next step? Should I a) contact MBNA and ask for a CCA and signed agreement of assignment or b) contact Aktiv Kapital and ask them for the same. c) do something else. Credit Report - MBNA and Aktiv Kapital show the default on the same date MBNA show each debt as "settled" and Aktiv Kapital have acknowledged the payment terms, Aktiv Kapital do not record any payments even though MBNA say they pass them on to Aktiv Kapital, MBNA stopped recording the payments from the "date of assignment to CAIS member" although the amount does reduce each month by the correct amount. Other questions 1. as both MBNA have recorded a default for the same defaults does this effect my credit score if one of each pair is shown as settled? 2. The other question is as the debt has been marked as defaulted, when it drops of my Credit file in 6 years from the default date what happens to the debt? Experian do not include the amount of either debt in "Amount of outstanding debt (excluding mortgages)". I hope I haven't asked too many questions at once.
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