MikeBigg v Virgin / MBNA

[MikeBigg]

I have been going back and forth with MBNA about a Virgin CC for a while.

 

Initially I CCA'd and they didn't reply, so I stopped paying.

 

Some time later they sent me a signed agreement with a letter stating that all the prescribed terms were there. Certainly, it was filled in by me and had my signature on it, but no mention at all of Virgin on it.

 

I called Virgin customer services and asked for some info on the account, namely the date the account was opened. I was told 19/9/2001 (the same date as on the CCA, I think).

 

To be honest that seemed a bit early.

 

I then phoned MBNA customer services and asked them if I ever had a MBNA Platinum account. I did. Guess what - it was opened on the same day as the Virgin account, but was closed sometime last year, presumably because I hadn't used it as the last payemt I made to the account was in 2002.

 

The two account numbers are different.

 

It is highly unlikely that I'd have signed up on the same day for two cards especially as back then my finances were in much better order.

 

So, is MBNA trying to fob me off with the MBNA-Platinum CCA as they can't find the Virgin CCA?

 

Has this ever happened with anyone else?

 

I really don't know how to proceed with this - I guess a SAR naming both account numbers?

 

I was called by a MBNA person who didn't go through the security questions, but went straight into telling me the account will be sold at the end of the month and the DCA would seek a charge on my property.

 

How can I put off the sale of the debt to give me more time to find out what has been going on?

 

Thanks in advance,

 

Mike

[supasnooper]

Get a Subject Access Request off to MBNA quoting both account numbers.

 

What MBNA forgot to tell you was that the DCA would need to get a CCJ first and you would then have to default on the payment terms before they could apply for a Charging Order.

[MikeBigg]

Thanks for that - SAR in the post tomorrow.

 

Thanks for the info on the charging order. For some reason I thought the charging order could by-pass the normal CCJ route.

 

Regards,

 

Mike

[supasnooper]

There's lots of things that Virgin\MBNA won't tell you

 

Post back here if they send you anything.

[Livis]

Hello Mike, just read your thread with interest, and it got me thinking too.

I too have a MBNA virgin card, but no where on the application form does it say anything about Virgin!! It was one of these flyer application forms.

I too sent off the SAR, and from they've sent me their records show account activation 2002 but my application form shows 1999!!

Thinking back i did use to have an original MBNA card prior to this virgin one ........i wonder

Will now start my own thread, good luck with your battle xx