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MBNA & Me, Help please!

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Hello,

 

I am new to the forum, but have followed it for a while. Very useful & informative.

 

I require some assistance with an issue with our friends at MBNA.

 

I have had a card with them for what must be 10 years now, I had'nt been able to make my normal monlthy payments earlier in the year, so went onto an agreement with them to pay them £100 a month, unfortunatly I defaulted on that too.

 

Anyway, I received a letter today entitled notice of default & dated the 4th of December saying I had to pay the arears (£400) by the 21st of December or face legal action etc, etc.

 

As I am now in a better position to make some kind of repayments, I gave them a call to discuss, they told me the debt has been sold to Debt Clear recovery on the 28th of November and I should contact them instead. (which I havent). Why would they sell the debt, then send me the letter? How can I make an effort to respond to the 21st of December deadline if the sold it on the 28th of November? I am confused.

 

Any advise, help, comments, on what steps i should take next will be greatly recieved.

 

Thanks in advance.

 

GN.

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Typical MBNA behaviour as one half doesn't know what the other half is doing.

 

Have you kept the envelope for the Default Notice ?

If not, go and get it out of the bin and come back to tell us what class of postage was used.

 

 

Your first step should be to send MBNA a CCA request that is unsigned, enclosing a £1.00 postal order and sent by Recorded Delivery -

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter


 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thank you!

 

The envelope is the bog standard MBNA envelope, no dated post mark, just a thing in the top corner that says UKMail express parcels and mail.

 

Should I wait and request the CCA from the Clowns at Debt Clear Recovery when they get in touch? MBNA said they were no longer dealing with it when i spoke to them yesterday.

 

My head hurts!

 

Thanks again!

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Yep, get a CCA request off to Debt Clear Recovery.

 

Please can you confirm the Default Notice is issued under s87 of the CCA 1974.


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Yes, the letter says "Served under Section 87(1) of the Cosumer Credit Act 1974."

 

Whats your thoughts?

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The DN is defective.

 

Have a read of the link below to understand why -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html


 

Help us to keep on helping.

Please consider making a donation, however small, if you have benefited from advice on the forums.

This site is run solely on donations.

 

You can make a donation

HERE. Thank you.

 

Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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