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Should I cca MBNA and RBS?


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Having started off with Barclaycard, HFC and Egg I thought now I have the ball rolling with them I could take a look at my remaining debts.

 

I have an MBNA credit card, a Royal bank of Scotland credit card and an overdraft with RBS.

 

Firstly if I can just say that I think it's ridiculous that I was given all this credit. I was a student at the time which they were all aware of and I thought it was great and would help me get through Uni but then I got married and had to leave uni so no good job at the end of it.

 

Back to the matter in hand. Should I send off cca request to them? The difference with these ones is that they have not gone to debt collection agencies so I don't know if I am allowed to cca them while they are still with the banks.

 

And RBS have always been really good with me. They were very helpful when I had no income so I don't want to mess them about cos they have never done it to me.

 

I would just like to settle them with full and final offers but I don't know if I can do that when they are not with dcas.

 

Any thoughts?

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I can't remember exactly. I believe the MBNA credit card was 2005 sometime.

 

I have had a RBS student account since 2001 but I was 17 when I opened it so didn't get the overdraft facility until 2002. I believe I got the credit card in 2003.

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The difference with these ones is that they have not gone to debt collection agencies so I don't know if I am allowed to cca them while they are still with the banks.

 

It makes no difference. The CCA request is just a legal request for a copy of the agreement.

 

I would just like to settle them with full and final offers but I don't know if I can do that when they are not with dcas.

 

Of course you can, but it depends on your person circumstances and your account history what they will accept, as well as whether there is actually an enforceable credit agreement of course.

 

If you let us know the year the accounts were initially taken out we will have a better idea of whether or not they are likely to be able to comply.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Okay they probably will have agreements, although MBNA agreements are often not enforceable as they have a habit of keeping a copy of the application form.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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As HAK says, it's always worth doing anyway as you are just making a legal request.

 

Although please be aware that overdraft agreements are far looser than other types of credit agreements as they have Part V exemptions (form and content).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks HAK :)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If I cca them all would they get a bit snooty and ask for full payment?

 

And with regards to the overdraft, what would they need to send me and what would make it enforceable/unenforceable?

 

How much of an offer would they be likely to accept?

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If I cca them all would they get a bit snooty and ask for full payment?

 

If you are currently on a repayment plan of some sort and are keeping to it they don't have any grounds really for asking for full payment.

 

And with regards to the overdraft, what would they need to send me and what would make it enforceable/unenforceable?

 

It would just basically be the letter than you got at the time of your overdraft stating your credit limit, the APR, charges and cancellation rights. Regarding enforceability it really comes down to they can either produce the letter or they can't.

 

How much of an offer would they be likely to accept?

This very much depends on a number of things e.g. is there an enforceable agreement, have you been on reduced payments for a long period of time, how likely are your circumstances to improve in the near future, etc. If there is an enforceable copy of the agreement you are probably looking at anywhere from 50-70%, if there isn't 10-20%.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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If you are currently on a repayment plan of some sort and are keeping to it they don't have any grounds really for asking for full payment.

 

It would just basically be the letter than you got at the time of your overdraft stating your credit limit, the APR, charges and cancellation rights. Regarding enforceability it really comes down to they can either produce the letter or they can't.

 

This very much depends on a number of things e.g. is there an enforceable agreement, have you been on reduced payments for a long period of time, how likely are your circumstances to improve in the near future, etc. If there is an enforceable copy of the agreement you are probably looking at anywhere from 50-70%, if there isn't 10-20%.

 

I have been on a repayment plan for both credit cards since about February. I am paying £40 a month to the MBNA cc and £20 to the RBS cc. I have a standing order for £40 a month going in to my RBS account so that's being paid off although that has never been to collections.

 

Suppose there is no harm in sending off a cca request. Will get it done today.

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