MBNA/Link - What to do?

[Trekrider]

I wonder if anyone can help please?

 

My wife had an MBNA Credit Card taken out in the UK in 1994.

 

Due to my employer telling me I could either lose my job in the UK or take a job in another (non-European) country we left the UK in 2005.

 

In February 2007 we found we could no longer maintain full payment on our credit cards and wrote to our creditors offering a proposed monthly payment - we then commenced paying the sum offered. MBNA replied to my wife asking for a full income/outgoings statement.

 

My wife replied to MBNA in March 2007 including a full income/outgoings statement showing how we had arrived at the monthly repayment figure as requested.

 

In November 2007 MBNA wrote to my wife essentially stating that she was making no attempt to make any payments on her card (despite the fact she had been making the payments offered) and not acknowledging either of her letters. My wife replied by return of post stating that she had been making payments and pointing out that MBNA had never responded to her letter in March.

 

My wife heard from MBNA again in January 2008. There was no reference to any of her letters and it stated that a default was due to be registered for six years on her credit file. It also stated that once the default had been registered the balance would be sold to a third party. As a result of this statement my wife stopped making payments to the account. That was the last communication she received from MBNA - no Default Notice, no NOA, nothing!

 

In January 2009 my wife had a letter from Link, introducing themselves as having taken over the debt from MBNA in February 2008. They obviously demanded full repayment.

 

My wife replied by return of post requesting a copy of the CCA as recommended - Link replied in April stating they needed more time as they had to get the documents from MBNA.

 

Link sent my wife a statement of account in April then wrote again in June asking for an income/outgoings statement and requesting payment. She did not reply to these communications.

 

My wife has just received a letter from Link enclosing her original application form to MBNA (attached) and stating this is the document she requested.

 

Is this application form enforceable as a Credit Agreement? Where does she stand having never received a Default Notice or Notice of Assignment?

 

Any help is greatly appreciated - sorry my post was so long.

 

Thanks,

MBNA Front.pdf

MBNA Back.pdf

[PGH7447]

Ooo the scenic Series Visa card, it is an application form but if the T+C;s are on the back then could well be enforceable, I also notice that the PPI is ticked, was this relevant at the time? if not recalim that back and any charges they have applied, you could well end up with them owing you money

[jed52]

I could have wrote that post Trekrider, exactly the same that happened to me, but I'm only at the sending the CCA request stage.

jed

[Trekrider]

Ooo the scenic Series Visa card, it is an application form but if the T+C;s are on the back then could well be enforceable, I also notice that the PPI is ticked, was this relevant at the time? if not recalim that back and any charges they have applied, you could well end up with them owing you money

I had a horrible feeling that would be the case - what about the lack of DN, NoA etc?

 

My wife paid the PPI for years before discovering that, as she wasn't in paid employment it could never pay out. She cancelled the insurance but we did wonder if they were wrong to sell it to her - they would have known it was never valid.

 

Even if we could get a refund it wouldn't clear the debt plus her debt is with Link now and they didn't sell her the insurance so I don't see how we could claim it back. As we don't have all our old records we wouldn't know how much she paid in PPI anyway.

[joemay]

I had a horrible feeling that would be the case - what about the lack of DN, NoA etc?

 

My wife paid the PPI for years before discovering that, as she wasn't in paid employment it could never pay out. She cancelled the insurance but we did wonder if they were wrong to sell it to her - they would have known it was never valid.

 

Even if we could get a refund it wouldn't clear the debt plus her debt is with Link now and they didn't sell her the insurance so I don't see how we could claim it back. As we don't have all our old records we wouldn't know how much she paid in PPI anyway.

 

So a Subject Access Request and you'll have all the figures then8)

[Trekrider]

So a Subject Access Request and you'll have all the figures then8)

Would we send this to Link or MBNA and is there a charge for this?

 

Plus, what if they simply don't reply as has been the case with MBNA?

 

Thanks,

[joemay]

Would we send this to Link or MBNA and is there a charge for this?

 

Plus, what if they simply don't reply as has been the case with MBNA?

 

Thanks,

 

Send to MBNA with a postal order for £10. They have 40 days to comply and I believe that if they don't then you should report them to the information commissions office, i'm still learning so if I've got that wrong can someone please correct me.

[PGH7447]

correct as stated by joemay, sar mbna and claim back the ppi and any/all charges

 

if you have recieved no Noa or DN then the debt is with MBNA link are just the creatures they have hired so it matters not a jot that they sold her nothing

[Trekrider]

correct as stated by joemay, sar mbna and claim back the ppi and any/all charges

 

if you have recieved no Noa or DN then the debt is with MBNA link are just the creatures they have hired so it matters not a jot that they sold her nothing

Thanks to both of you for this.

 

On a slightly different note, I was looking at an ex-pats forum last night and there was a thread on UK debt from a purely legal point of view. Someone, who certainly gave the impression of knowing what he was talking about, stated that for consumer debt (as in Credit Card debt) there is nothing they can do if you are not resident in the UK. He stated (and quoted from a court in the UK) that they cannot get a CCJ against you as you can't be taken to court if you are not resident in the UK, similarly for Bankruptcy - they can't make you bankrupt in the UK if you are not resident. They can try and sell the debt to a DCA in your country of residence but that DCA can't actually do anything other than send you some letters. He did say that if the CCJ was taken out before you left the UK then things are different. Plus, if you return to live in the UK in less than 6 years they will probably come after you.

 

Can anyone confirm if this is true?

 

Thanks,

[joemay]

Trekerider,

 

That does sound right, but I can't say for sure...just bumping this for someone more knowledgeable to answer;)

[joemay]

Bumping to see if anyone can answer question to post #9

[Trekrider]

Bumping to see if anyone can answer question to post #9

Hi Joemay,

 

Like you I would like confirmation from someone knowledgeable but here is what has recently been posted on the ex-pats group I'm on:

 

"Taken from the website of the 'CCJ factory' which is Northampton County Court

 

The Centre will not issue any of the following types of claim –

 

(1) a claim against more than two defendants;

(2) a claim against two defendants where a different sum is claimed against each of them;

(3) a claim against the Crown;

(4) a claim for an amount in a foreign currency;

(5) a claim where either party is known to be a child or protected party within Part 21;

(6) a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988;

(7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales;

(8) a claim which is to be issued under Part 8."

 

I understand that DCAs have used an old UK address for ex-pats on CCJs but this is illegal and you can get it reversed - also quoting from the other group:

 

"All you need to do is apply to the court to have the CCJ set aside (effectively makes the CCJ null and void) You just need to prove to the court that you don't reside in the UK. This could be in the form of rental agreement, passport entry exit dates, employers letter, utility bill etc"

 

So, in my wife's case, if Link use our old address to get a CCJ we can simply go back to the court enclosing a copy of one of the letters Link have sent her here to show that Link know she is not in the UK and the CCJ would be set aside. Only thing is, how would she know there was a CCJ against her?

 

Hope that helps?

 

Regards,

Edited July 23, 2009 by Trekrider
Added last para.

[joemay]

Hi Joemay,

 

Like you I would like confirmation from someone knowledgeable but here is what has recently been posted on the ex-pats group I'm on:

 

"Taken from the website of the 'CCJ factory' which is Northampton County Court

 

The Centre will not issue any of the following types of claim –

 

(1) a claim against more than two defendants;

(2) a claim against two defendants where a different sum is claimed against each of them;

(3) a claim against the Crown;

(4) a claim for an amount in a foreign currency;

(5) a claim where either party is known to be a child or protected party within Part 21;

(6) a claim where the claimant is a legally assisted person within the meaning of the Legal Aid Act 1988;

(7) a claim where the defendant’s address for service as it appears on the claim form is not in England and Wales;

(8) a claim which is to be issued under Part 8."

 

I understand that DCAs have used an old UK address for ex-pats on CCJs but this is illegal and you can get it reversed - also quoting from the other group:

 

"All you need to do is apply to the court to have the CCJ set aside (effectively makes the CCJ null and void) You just need to prove to the court that you don't reside in the UK. This could be in the form of rental agreement, passport entry exit dates, employers letter, utility bill etc"

 

So, in my wife's case, if Link use our old address to get a CCJ we can simply go back to the court enclosing a copy of one of the letters Link have sent her here to show that Link know she is not in the UK and the CCJ would be set aside. Only thing is, how would she know there was a CCJ against her?

 

Hope that helps?

 

Regards,

 

This would show up on her CRF.

 

Trekrider, Sorry I can't help with the main issue you've posted but bumping for you to see if anyone else does.

[Trekrider]

This would show up on her CRF.

 

Trekrider, Sorry I can't help with the main issue you've posted but bumping for you to see if anyone else does.

True, but as she has never asked to see her CRF, nor is she likely to, she wouldn't know.

[joemay]

OK there is another way there is a thread here somewhere with a link to a website to check. I'll just go look:)

[joemay]

OK here you go you can check if ccj has been registered to your wife, there is a fee to pay but not much I believe. CCJs, court orders & fines - Search yourself and others - Trust Online.

 

All the best:)

[Trekrider]

OK here you go you can check if ccj has been registered to your wife, there is a fee to pay but not much I believe. CCJs, court orders & fines - Search yourself and others - Trust Online.

 

All the best:)

Thanks Joemay,

 

Regards,

[car2403]

I don't know the answer, but I've moved the thread to the Legal Issues sub-forum - I'm sure you'll get more attention here.