Hi Grumpy/Pelham9 Fortunately I'm not dealing with MBNA anymore. The 'debt' has been bought by Link Financial. So far I've had a few letters and the odd phone call (which I wrote and asked them to remove my number) which all seemed confused by what I was asking and said they'd never heard of that before. Being honest, they weren't horrible calls from them - I think they were stunned by my requests and wanted to get off the phone. Yes, the 'CCA' which was sent through was the application form I signed. It's the same one I eventually received from MBNA after they sold the debt. The 'cca' received & posted is the one they sent - it isn't any clearer on paper. I posted Jeff's letter off this morning so I'll just have to wait and see what they respond with. I've heard that Link are a nasty bunch so if it does start to go wayward I'll be sending that cheque marked F&F on the back! I haven't been paying MBNA nor Link any money since MBNA defaulted on the CCA request. Initially it was a token payment, they defaulted so I stopped the payment then they sold the account. Fortunately, fingers crossed, my financials are on the up. I've just started my own business so I can work from home and I've got support from the Princes Trust and Business Link to set it all up. The last thing I want is to start coughing up the profits to them. I've increased my payments to Lloyds as they haven't been any bother and I do want to pay it off. Will post when there are more developments!

will adapt that to my cause and send it with pleasure! many thanks Jeff

I've attached a pdf version of the two sheets of paper sent for the 'agreement'. The first half is the it I signed. The second half I believe could have come from anywhere! link.pdf

Hiya Jeff On the addtional piece of paper they sent me was t&c's but it was pre-printed without any reference to me/the account etc. I'm still in a pickle about what to do though. At the end of the day I do owe the money - obviously a drop in the figure is really helpful - not for my conscience but for the worry. It comes whole circle: I owe the money, MBNA acted appallingly - but I did owe them money, Link haven't got the right paperwork - I still owe the money (be it Link or MBNA). After everything that's gone on I don't think I've got the will or more importantly the knowledge to fight it although I do think I owe it to everyone who supported me in the beginning when the whole scenario was complete hell to make a stand (with regards to abiding by the law for paperwork etc). I might look round for some letters in response to it not being an agreement - more an application and see how I feel then. On a lighter note I'm back within the credit limit of the Lloyds and they're still accepting the token payments and not charging any interest at all. Not sure how long it will last but they've been silent for a while now. Cheers

http://i327.photobucket.com/albums/k475/tedsbird/img1.jpg Hi Its been a while but I have't heard a dickie from MBNA nor Link until last week. Received a letter stating they had given me a legal notice (which wasn't received) so they wanted me to get in touch. Sent them copies of previous letters repeating the request for the original CCA and received this in the post. Doesn't look legible but it is. On the next page is a few lines of the terms and conditions etc but to be honest the T&Cs could belong to anyone. It does state "please issue an MBNA credit card to me....I have received a copy of the terms and conditions....I consent to the data on this application being transferred..." Does the fact I've acknowledged the terms and conditions or the fact that it's an application make any difference? I'm wondering whether to offer link a full and final settlement as in my previous posts, to ingore them completely or to send MBNA a cheque with F&F on the back and see where that gets me?

Super star. Thank you. FOS haven't come back to me but they don't know it's been sold on so I think I'll send them a letter updating them on the situation. Would you suggest I still inform Link what's happening? Also, is there a standard letter/form to fill in for the TS or OFT please? Thanks

It's been a while and I've had no response to MBNA at all until last week. The sent me a letter to confirm that they have sold the account to Link Financial! They of course have also sent me a letter to confirm and have requested full and final payment of the total amount. I think I'll be sending them a letter to note that I do not acknowledge any debt with them and that the account should never have been sold as it was in dispute. I'll also be requesting a copy of the CCA again directly from them!

Of course it can be changed!

Well just to update everyone, the whole thing was going on far too long and they had sent me a letter asking me questions I had already answered - as the case was given to someone else. I replied with reference to previous letters I had sent them, copies of 65 pages of correspondence and informing them I was taking the matter up with a solicitor and any further information required by them should be sought directly with my sols. Anyway cheque arrived in the post the next day for the JSA owed and another letter informing me that the case had been referred to inverness for a special payment to be awarded in respect of compensation and interest due! Just to be picky I am going to follow this up to see if I would have been entitled to further bens following the end of the 26 week period (nothing ventured, nothing gained and after all I paid my taxes and NI for 10 years!). So a big thank you to all those who supported me on this quest and donations will be sent. The remainer will be used to negotiate a full and final settlement on a credit card! Many cheers everyone x

Apparently yes. I do remember this vaguely from studying law. It's the same when there is a dispute over refunds. i.e. I arranged a courier to collect some granite for me a few years ago. When it arrived it was split in two. Argued for months over it anyway they offered a refund of the full amount so I insisted they send me a cheque and not refund my debit card. Anyway the cheque arrives and it's £200 short (the courier cost). I called them up and they said I'd accepted the cheque therefore it was closed. Went to a solicitor and he confirmed that until I banked the cheque it wasn't in full & final settlement. Bit like bank charges really, if you don't spend the money in the account they can't argue you have agreed to the refund unless you sign a document. I've waffled a bit here but going to check it out with someone shortly to see if things have changed recently. I read about this on someone elses link about emigrating and paying off a debt and it reminded me! Really struggling to get these 'agreements' scanned in. Still perservering thou!

I'm such a pickle. I sent Rory32's letter to them at the beginning of June hence their response weeks later! I can't get this scanner thing to work. Will have another blast at it today. Thinking about all this last night, I'm considering offering them 0.08% of the total balance (their minimum accepted monthly payment) and sending it to them in full and final settlement of the account. From what I understand is, as long as copies of the cheque are kept and it is noted on the back F&F settlement payment, if they cash it that's it. Got to get the money together first but it was a thought!

Ali, Trying to now work this out. The first £5. is disregarded - so eg. week earnings 1 30.00 2 35.00 3 30.00 4 nil 5 65.00 6 nil 7 nil etc etc The rate for the period was approx £56.00 per week in JSA payable to me if I had been given the benefit. Therefore in week 1 30.00 - 5.00 = 25.00; 56.00 - 25.00 = 26.00 is this what I would have received?, week 4 - no earnings therefore full £56.00 awarded? What is the rate of compensation applied? Is is a percentage on the total or on a rolling figure until the date I should receive it? many thanks

Just a quick update, called the decision makers office again this afternoon as I was promised a call back to give me an update. The lady dealing with the appeal now is still waiting for a claim form to arrive from another office so nothing has happend. She assured me she would call on Tuesday next week. Now I'm thinking that a letter along the lines of 7 months plus is far too long for dealing with this case especially considering they have had all the information requested for the past 2 months and I would like a date by which it will be sent to inverness for processing. Plus some compensation for distress wouldn't go a miss. Any ideas?

I'm going to get it scanned in later when my 11 year old son comes home and shows me how to do it!!!! But today I received a copy of MBNA's terms and conditions - the only reference to me is a credit card number on the top. Along with this I received a response to my letter (kindly copied from one of the posts above) stating: - the debt is certainly owed and payable by me, - a copy of the cca is served by form of a mailer each time a card is received - my copy of the agreement does not include signatures by me or MBNA as they are permitted by law to serve me a copy with certain information ommitted, which does not affect its vaildity, - they have not failed to comply with my request under s.78 and therefore the account is not in dispute, - they are shortly going to default the account as 7 payments are in arrears and sell it on to a 3rd party. - they are sorry their response does not meet my expectations! Howzabout that then! There is no way I am prepared to accept their form of the CCA - it could belong to anyone! Will scan info in soon

Well, I went to stay with my brother abroad for a month to see if it was worthwile emigrating but I'm back for now. Since I was away I've received a really odd copy of the CCA, it's a print out of my details (like a screen print) showing employer, address etc. On the next page is a photocopy of the bottom part of an application form (tear off slip) with data protection details and on the reverse is a copy of terms and conidtions - no signatures on this page. I'm thinking this isn't what's required! Also received a letter from the beginning of July offering me the opportunity to make a full and final payment of £3656.16! Nearly £7k off the debt. This is 'a once in a lifetime opportunity before the debt is legally assigned to debt collectors'. Rory32's letter is going off in the post!

Hello! Right read through all your comments. What I have picked out thou is the last years NI paid - I didn't have a contribution paying job so that figure is HRP - it isn't relevant to my claim as it's a later tax year. I just mentioned it to explain how the whole appeal has gone. My apologies if I've confused anyone! The figures I quoted above were actual NI contributions paid in each period (equivalent gross salary was in the region of £26k per annum). I know I have paid enough now as my friend (who made me aware I was entitled to it) was on an annual salary of £16k and £18k for her qualifying tax years and was awarded the full JSA so my contributions shouldn't be a problem. What I was trying to work out was the actual amount owed. I understand from various threads etc that they reduce the weekly payment for any work undertaken. As I did have a part time job I was trying to calculate the amount due to me. JM is a darling and going to find some nice pieces for me to quote in my next letter so I'll be posting it hear for all to verify! If anyone can give me a calculation to work out what's due to me I'd appreciate it.

Have just PM'd you back. Your case seems far more complex than mine. Hope you get it sorted out.

The statement shows (as an employed person) 2002/2003 I contributed £1,530.00 and in 2003/2004 I contributed £1,614.80. According to the DWP system I paid £380 in 02/03 and nothing in 03/04! In the six year period on the statement it shows 05/06 as £380 in earnings from stamp paid via child benefit. I actually filled in loads of forms as I didn't know what I would be entitiled to but the guy at the JC told me there and then I couldn't have anything and didn't send a letter to confirm. This is noted on their system which has helped my case to a point. They didn't ask about any money I had. The decision was based purley on the fact I lived with a partner. I wasn't even asked how much NI I had paid etc. What's annoying me now is I've been told it's all going through for a special payment and then they've passed the case over to someone else without making sure they are aware of all the details. How incompetent is that? Really appreciate everyones input here, thank you.

hey junkimunki. many thanks. seems it hasn't been as straight forward as expected. since the last post the appeals section decided that their system was correct as I hadn't paid enough NI contributions - I sent them a copy of the DWP statement showing that I had contributed more than enough (faxed from local Job Centre). Still didn't believe that so persisted in trying to contact previous employers! Anyway whilst all this is going on the case has been passed to someone else (this week) who hasn't a clue what's happened and needs time to retrieve some documents from another office, go on holiday, wait for me to get back from my training course and then will contact me on 1 August. Lady was quite polite about it but since speaking to her and thinking about it I'm getting more peed off by the minute. Do they not think I've waited long enough? Thanks for the offer of PM - don't know how to do that yet though! Tbird

just subscribing!

Hi all - thanks for your replies - apologies for not doing the same but I've got an ancient computer and have to wait for a friend to fix it when it crashes!!! So to summarise the above: - even though they have defaulted on the CCA request I should still make token £1 payments; - send the letter from rory32 customised to my circumstances; - wait until never arrives for a response? just to summarise my situation: - mbna haven't sold the account - yet! - they are threatening a default - they sent me a letter yesterday offering a settlement figure of 40% off the balance! - i wish I had that cash just lying around - they have paid back all the charges and interest since I informed them I couldn't afford to make the repayments; the interest is frozen on the account; I'll be retyping that letter tomorrow - thanks again everyone x

Hiya, just thought I'd let you know what's happened with my brother and a friend. Brother went to Oz two years ago leaving a few debts behind(lived with my Dad here). They pursued my Dad for a few months, he paid a few quid off it then told them to get stuffed. Bro is happily living in Adelaide with a fab job, house etc. Still comes home for one month a year with no issues, never heard from any creditors. Friend of mine went to the states a year ago. She rang all the creditors up a week before she was leaving. Offered each of them a full and final payment of £100 to be accepted there and then as she was leaving the country. all but one creditor accepted! Wish you the best of luck in Oz, it will be wonderful!

Well. it's been a while but I'm no looking for advice on the next step after a very distressing phone call to MBNA today. It's been over 2 months since the CCA request was sent and received (sent recorded) with no response. I did get another copy of my records re: SAR though! So I downloaded the FOS complaint form and started to fill it in. However, out of courtesy I thought I'd better check if they have sent the CCA and it's gone missing in the post. i was put through to the most arrogant, snotty witch ever in the world. I'm a nice enough bird and kindly asked if the CCA had been sent out just incase it had been mislaid. The old ugly beast started ranting at me shouting (yes shouting down the phone) that the CCA had no relevance to me, I should be more concerned with the fact my account was in default. Taking a deep breath I said I wasn't calling to discuss the matter of the account I was merely making a courtesy call etc. Cheeky pig interrupted me saying 'who do you think you are? we don't have to give you that information you just need to get your account in order'. At which point I put the phone down. Anyway, not one to be beaten thought I'd ring Gavin Theobald who responded to one of my letters who was so polite! Terribly sorry Tedsbird, we don't have a record of that, however I will have a copy of your 'application form' sent to you by the end of the week! Thought I should draft a letter, another one, maybe stating that - I haven't made anymore payments as they are in default of a CCA request, - I'm still waiting for a response to 4 letters - "scary witch" should be sacked - will you accept 'your' minimum payment of 0.08% of the total balance as a full and final settlement! That should wind them up. Since the CCA request was sent I haven't had any letters from them - the usual, your account is in arrears, we're taking you to court etc. just the statements in the post. Do you think that's a sign they don't have an agreement?

He really doesn't want to go down the bankrupcy route. The house is on the market (with 3 sales fallen thru at 2 weeks, 10 days and on the day of completion!) and would like somewhere to live until it is sold. He's managing financially at the moment but really needs to consider what will happen if another contract doesn't happen soon (not all power stations need re-insulating!!!). Anyway regarding the windfall - if the charges are refunded would that not reduce the amount payable each month? If the CC companies could not produce a CCA would that then render the whole IVA process invalid?

This is one for the worldly wise out there who can advise my Pops on what to do next. Basically Pops got divorced from my mum, had to pay her off and got into serious financial trouble. Being the Quiet Man he didn't tell anyone and never answered a letter or telephone call from the companies in 9 months. He went to a debt advice centre who suggested he remortgage the house (with a £12k ERC) and pay off his creditors and get an IVA. Which he did. He remortgaged for the equity, had £42k, paid the accountants who arranged the IVA £7k (yes that was seven thousand) and paid 11 creditors £35k between them on a total of £212k (60% of that went to my mum). He went to court and was ordered to pay £400 per month for five years. The house - even without any equity is on the market. Firstly he has had these credit cards for well over 10 years hence the high credit limit and never had a balance prior to 2 years ago. What I would like to know is: 1) can he S.A.R - (Subject Access Request) them for the interest and charges (of which there were many) 2) can he CCA them? 3) if so to either above would he need to go back to court? Reason I'm asking is he works on a contract basis. Whilst the courts review his P60 once a year and if he earns more then he pays more, they don't review it if he earns less. Problem is he was made redundant on Friday last week with one weeks notice. Whilst there will be a new contract on a power station somewhere for him shortly he doesn't have any income whatsoever in the meantime. Any advice would be appreciated - I dont know much about IVA's and Pops - being the Quiet Man - doesn't tell much either!!