Mbna Cca Not Received Offered Settle

[Bazooka Boo]

If they ring again, "TELL THEM TO SEND A COPY OF THEIR COMPLAINTS PROCEDURE, AND THAT ALL CORRESPONDENCE MUST BE IN WRITING"

Then put the phone down, you must "STOP TALKING TO THEM OVER THE PHONE":-x:-x

Report them to the OFT and Trading Standards via Consumer direct, for their continued harassment in seeking payment against a disputed debt.

 

I bet you were half way convinced to accepting the offer?

 

That is exactly why you shouldn't speak to them over the phone.

They have offered you that amount because they know they cannot legally enforce or collect any money from you because their paper work is not in order.

 

 

[vint1954]

The Debt purchacers will probably only pay about 10p in the pound.

 

The offer that they make to you will in all probability be a short settlement not a full one. This means that they can sell the ballance on and the collection process will start over again for the ballance.

[diddydicky]

i'm not sure that a short settlement means that they can sell the balance on- obviously an unscrupulous creditor may try it on it you dont get the written assurances

 

My understanding of a short settlement is a lump sum (sometimes an agreed payment plan) of a lesser amount than that is owed in order to conclude the matter whereupon the credit file is marked accordingly(and damaged obviously)

 

it should still be done as a full and final settlement and the undertaking not to pursue the balance obtained

[yousef1973]

My MBNA contract arrived today, well its more of an application form.

My details, name address, and my signiture on it too.

It is dated 1996.

Its actually a leaflet that you normally get in magazines offering you a credit card. I remember in the nineties, every magazine use to have loads of credit card companies leaflets.

 

Other details it has on it, where I work and weekly earning.

 

Any views can this stand.

 

Ta

[yousef1973]

My MBNA contract arrived today, well its more of an application form.

My details, name address, and my signiture on it too.

It is dated 1996.

Its actually a leaflet that you normally get in magazines offering you a credit card. I remember in the nineties, every magazine use to have loads of credit card companies leaflets.

 

Other details it has on it, where I work and weekly earning.

 

Any views can this stand.

 

ALSO

 

I also got a call from MBNA today asking me, why my mortgage account is all upto date and you cant afford to pay the credit card.

 

Do I need to explain that to them.

 

I just ignored them for now

 

Ta

Edited October 1, 2009 by yousef1973
addition

[the_shadow]

My MBNA contract arrived today, well its more of an application form.

My details, name address, and my signiture on it too.

It is dated 1996.

Its actually a leaflet that you normally get in magazines offering you a credit card. I remember in the nineties, every magazine use to have loads of credit card companies leaflets.

 

Other details it has on it, where I work and weekly earning.

 

Any views can this stand.

 

ALSO

 

I also got a call from MBNA today asking me, why my mortgage account is all upto date and you cant afford to pay the credit card.

 

Do I need to explain that to them.

 

I just ignored them for now

 

Ta

 

Mortgage debt is a priority debt just like council tax, credit cards are secondary debts and even more so when they dont appear to have an enforceable agreement. They have no business asking about your mortgage

 

If you are unable to scan up the mBNA application for advice on enforceability, take a look on this thread and let us know if you spot one similar or the same to yours. (Its a long thread with lots of MBNA toilet paper)

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/609-mbna-agreementsapplication-forms

 

S.

[Bazooka Boo]

I also got a call from MBNA today asking me, why my mortgage account is all upto date and you cant afford to pay the credit card.

 

How many more times yousef:mad:

STOP TALKING TO THEM OVER THE PHONE!!

 

It isn't rocket science, if you answer the phone and they are on the other end, put the damn thing down!

[Mydogsawestie]

MBNA did all this with me promising me a settlement over the phone to which I never got in writing (yet I chased & chased!!) They eventually defaulted me in Jan this year then took me to court in July which I'm still battling on with now. My CCA (Priority Application form should I say) was from 2000 & I had a faulty DN served on me aswell. http://www.consumeractiongroup.co.uk/forum/legal-issues/185814-court-papers-help-required.html

 

I think the judge in my case looked favourably on my side on the day tho due to the fact I had still been paying them (£20mth) until the court case so showed willing (I owed £11.5k on this card, but I do have another card with them also for a similar amount too). I also showed a letter from Dec to the judge I sent to MBNA in trying to come to an agreement of settling the debt (all being 25-35% of the amount outstanding), again it showed I had tried to come to an agreement with them. Maybe you could do a letter of this kind along the lines of

 

you may be in a position if funds were available of £xx.xx which represents 35% off the outstanding balance and is all that you can propose.

This offer is made on the clear understanding that if accepted, both you or any associate company will not take any further action to enforce or pursue this debt any further and I will be released from any liability.

 

I also request, that if accepted, you will mark any entry on a credit reference agency file relating to the above account as “satisfied” in full.

 

Should MBNA still ignore it then at least you have your copies should you ever follow down the same footpath as me.

[themagician]

no- unless you want to ssettle as it is clear they do !

personally i would still go the no cca route,then send them the acc indespute letter,while in despute they cannot threaten you with what they" MAY" or may not do if you do not pay straight away,i think as they are chasing you for this settlement payment that the cca paper work is none existant and they know it,so getting any amount of money out of you is a result.borrowing off somone else to pay this debt is not really the answer as you will still owe the debt but to someone else,good luck.

[diddydicky]

personally i would still go the no cca route,then send them the acc indespute letter,while in despute they cannot threaten you with what they" MAY" or may not do if you do not pay straight away,i think as they are chasing you for this settlement payment that the cca paper work is none existant and they know it,so getting any amount of money out of you is a result.borrowing off somone else to pay this debt is not really the answer as you will still owe the debt but to someone else,good luck.

 

getting you to discuss over the phone, a ficitious offer to settle is their way of finding out if you have any funds available

 

the best response is to write to them and ask them to state in writing what the "substantial discount" is that they are offering

[Mydogsawestie]

the best response is to write to them and ask them to state in writing what the "substantial discount" is that they are offering

 

Totally agree

[overdone]

Mum wins a landmark case against MBNA over credit card insurance - mirror.co.uk

[diddydicky]

wasnt quite as reported- the main issue was the lack of a CCA to support the claim

[overdone]

wasnt quite as reported- the main issue was the lack of a CCA to support the claim

Your version of events makes more sense.

[DOZY]

Hi

i posted yesterday "MBNA turned over for £8-00 for no CCA and PPI mis-selling,

 

Search forums for "MBNA turned over for £8-000" and clink link to daily WWW

 

Daily Express | Money | Breaking news, sport and showbiz from the World's Greatest Newspaper - updated 24/7

[yousef1973]

HI

 

I HAVE AGREED A NEW SETTLEMENT FIGURE WITH MBNA. THEY HAVE WROTE THE FOLLOWING LETTER, CAN SOMEONE PLEASE CONFIRM IF THIS IS ADEQUATE.

 

Dear Mr XXXXX

 

Account Number: **** **** ****

 

SHORT SETTLEMENT CONFIRMATION

 

Further to our recent communication, I can confirm that a settlement of £xxxx has been agreed on a balance of £xxxxx due by 23th October 2009.

 

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further. If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

 

Please contact me on xxxxxxx as soon as you receive this letter to confirm its receipt, and to confirm your payment date and method. If you wish to make payment with a debit or credit card then you may do this by calling the above number.

 

Yours sincerely

Edited October 8, 2009 by yousef1973
MISTAKE

[Bazooka Boo]

IMHO they are clutching at straws, if they 'STILL' haven't provided you with a legally enforceable CCA then you have absolutely no obligation to enter into any repayment settlement they send you.

 

Have you sent them the account in dispute letter??

 

If so then they should not be asking you to enter into any settlement offers.

 

If you haven't sent it then you should do so immediately as has been previously advised to you by numerous other CAGgers, including myself.

 

Otherwise as it appears you aren't to willing to take others advice and the settlement figure is to your liking then pay them, and wait until the amount they are not going to pursue you for gets flogged off to another DCA.

[yousef1973]

I HAVE ALREADY SENT THEM A LETTER OF DISPUTE.

 

EVEN THOUGH THEY SENT ME A FLYER WITH ALL MY INFO AND SIGNITURE ON ON IT AT THE TIME OF APPLICATION...SO CALLED AGREEMENT.

 

BUT THIS IS GETTING TOO MUCH, SO WE AGREED A FIGURE, AND NOW THEY HAVE SENT ME A LETTER.

 

Dear Mr XXXXX

Account Number: **** **** ****

SHORT SETTLEMENT CONFIRMATION

Further to our recent communication, I can confirm that a settlement of £XX has been agreed on a balance of £XXX due by 23th October 2009.

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further. If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

Please contact me on XXXX as soon as you receive this letter to confirm its receipt, and to confirm your payment date and method. If you wish to make payment with a debit or credit card then you may do this by calling the above number.

Yours sincerely

[the_shadow]

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further. If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

 

Hi yousef1973,

 

Whilst its a personal choice whether your happy to pay the amount or not I feel you need to be warned the statement above says nothing about selling off the remaining debt, it clearly states you will not have to pay off the remaining balance with MBNA and that they will not chase but if it were me and for such large amounts (counting the x's) I would just like in writing clarification that the remainder of the debt will not be sold on.

 

Thats my only concern with it, at the end of the day its you who knows your circumstances better than anyone else.

 

S.

[overdone]

It should read, In full and Final Settlement. There maybe an element of clever deception. They are saying partial settlement.

Edited October 8, 2009 by overdone
add info

[yousef1973]

HI

 

I SAW ANOTHER SETTLEMENT LETTER POSTED ON THIS FORUM, SHOULD I REQUEST SOMETHING LIKE THAT, LETTER BELOW AS FOLLOWS

 

Attention: Mr XXXXX

 

 

 

As per our conversation on the 17th April 2009 I am pleased to advise you that Mbna would like to accept your offer of £2265.00 to partially settle your Mbna credit card account.

 

 

 

This means that the remaining £6778.25 will be written off and you will never be pursued for the remaining debt on the account. Once the £2265.00 is received I can confirm this will be full and final settlement on the account, however, will be registered as a partial settlement on your credit file for six years.

 

 

 

I hope this clarifies the situation and If you can kindly organise payments with Allan your account manager on receipt of this email on 01244 xxxx Ext: 1xxxx that will be greatly appreciated.

 

 

 

Yours Kindly,

Edited October 8, 2009 by yousef1973
M

[diddydicky]

SHORT SETTLEMENT CONFIRMATION

 

Further to our recent communication, I can confirm that a settlement of £xxxx has been agreed on a balance of £xxxxx due by 23th October 2009.

 

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further.NOR WILL IT PASS THE REMAINING DEBT ON TO ANY THIRD PARTY If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

[yousef1973]

PLEASE READ BELOW I HAVE ADDED A LINE INTO IT.

 

SHOULD I ASK THEM TO SEND ME A LETTER LIKE THIS.

 

Further to our recent communication, I can confirm that a settlement of £xxxx has been agreed on a balance of £xxxxx due by 23th October 2009.

 

Once payment is received, MBNA will register a partial settlement with licensed Credit Reference Agencies. However, you will not have to repay the remaining balance and MBNA will not pursue the matter further.NOR WILL IT PASS THE REMAINING DEBT ON TO ANY THIRD PARTY.

 

Once the xxxxx is received we can confirm this will be full and final settlement on the account.

If the specified payments are not received by the above date, the short settlement agreement will be null and void and the total debt will be due.

[Mydogsawestie]

yousef1973

You said your CCA was from 1996 so likely to be a pants agreement and MBNA know it, they should be glad of any amount from you in all honesty.

 

Take the bull by the horns & go with what YOU want to settle with them (25% of the outstanding amount roughly or less perhaps ) and put the letter together as per what diddydicky states above or a bit of whats prev been posted.....after all you've got nothing to lose and everything to gain, its them that will have everything to lose should they ever want to take it any further!

[yousef1973]

What I Will Do Is Upload An Copy Of My So Called Cca They Have Sent Me. Also They Are Asking For 32%

 

Can Someone Advive How I Can Upload My Cca

 

Cheers