MBNA - bad debt written off

[SCC]

A little history - I started down the CCA route with MBNA back in April 2009. Was written to by various companies - Risk Management Alternatives, AEGIS Ltd, Optima Legal regarding outstanding balance. Sent off an SRA request 19 June 2009 and received their paperwork back on 31 July 2009. In their paperwork they have included a copy of the Application Form which I signed but did not date. There does not appear to be a signature on behalf of MBNA on the application form.

 

On 17 August 2009, MBNA wrote to me advising that as I'm a homeowner, they may pursue litigation action and seek a CCJ that may result in a Charging order.

 

On 7 September 2009, MBNA advised that a Default was due to be registered against my credit file.

 

On 21 September 2009,. MBNA advisede that my debt was scheduled to be written off as a bad debt. After the debt was written off they will pursue one of the following actions to recover the total debt:

- Place the account with a third party - to obtain payment of the full balance

- Sell the debt to a third party - will no longer an an MBNA customer and the third party may apply their own fees to your debt.

- Refer the account to a solicitor - where they may recover payment from me via a charging order, attachment of earnings or warrante of execution.

 

My questions are:

1. Is the application form binding/legal as MBNA have not signed the form.

2. What should my next steps be as MBNA have not issued a Default Notice nor have they terminated the agreement.

 

Any help / guideance most appreciated.

 

SCC

[foolishgirl]

Hi SCC

 

Can you post up the applic. form they have sent (minus your personal details) please?

 

Knowing MBNA, they will probably pass the account to Restons or similar solicitors at which point you may receive the DN followed by termination of the account &/or legal action.

 

When you get the DN, it is VITAL that you keep the envelope it came in & note the date you received it as the outcome of your case could depend on whether the notice was served properly.

 

You cannot do anything until the account is terminated or you receive a POC (unless of course you wish to settle).

 

Beware, if you intend to contest this, do not speak to anyone from MBNA, DCA or sol on the phone - keep everything in writing.

 

Post any update regularly on here & you will get all the help you need.

[SCC]

Attached please find copy of agreement.

 

One other question, can MBNA registerd a default against my credit record we haven't been to court?

 

SCC

scan0001.pdf

[haggis1984]

Attached please find copy of agreement.

 

One other question, can MBNA registerd a default against my credit record we haven't been to court?

 

SCC

 

Yup they can, but if they have not satisfied your CCA request they shouldnt be sharing info with CRAs anyway. A default is issued when they terminate the agreement which is done before any court action. However, it seems that MBNA regulary make a pigs ear of default notices so when you get it post it on here to see if its valid.

[SCC]

Thanks Haggis1984. Will post up when/if received.

 

SCC

[haggis1984]

No probs. Hopefully someone more knowledgable will come along and tell you whether or not the application form you posted up is enforceable.

[foolishgirl]

The applic. form you have posted looks to me like the usual MBNA cobbled version i.e. they have added the bit down the side to a photocopy of the applic. form to make it look as though it contains the prescribed terms & is therefore enforceable. If you look on the MBNA forum you will similar egs. It is therefore essential that if they commence court action you get to see the original; however cross that bridge when you come to it...

 

I will get this thread moved to MBNA forum & then you will get more help from those who have been there.

 

BTW was it signed in 2004?