MBNA Credit Card Debt passed to AIC

[fishcake66]

Hi, new to this site, sorry to be ignorant but need some help please.

 

I have a debt with MBNA for £3800 (was over £5000).

 

I have been on a payment arrangement for a couple of years. All of the sudden out the blue I have a letter from AIC (Allied International Credit).

 

I have found out that they have bought the debt off MBNA.

 

I spoke to them this morning and they seem a very aggressive collection agency. I explained my current situation, arrears and current owed debts and asked if i could set up a new arrangement with themselves.

 

The answer I got was to pay up full amount, or close to full amount within 48 hours or they will go to the next step?? He wouldnt say what that was just kept saying i need to find ways of getting the funds, asked what car i owned, was my house mortgaged, how much equity i got and if i would consider a re mortage to release some funds. I told them no so he insisted i raise the funds in 48 hours and i need to ring him back!

 

Anyway, i been reading a few comments about them and they look scary people. They will go to extremes to get there money wether it be ballifs or nasty letters or court proceedings.

 

Was wondering if anyone else had dealings with this company or for some friendly advice on what to do.

 

Thanks

[alfwithhair]

Right, first mistake as you have found out was to bother speaking to them on the phone.

They will tell you any old crap to get you to pay up.

What car you have or wether your house is owned, rented or anything else is nothing to do with them.

They have no legal power whatsoever.

There will be no Bailiffs, they tell you this to make you pay. All Bull S**t.

 

So when they ring back refuse to answer their stupid security question, say "in writing only please" and put the phone down.

 

NEVER EVER got in to a converation with a DCA on the phone. NEVER EVER give them any personal or banking details. NEVER EVER beleive a word they say, their matter and tone of their letters are just to intimidate and bully you in to paying what you cannot afford.

 

You do not have to find the full amount in 48 hours, so don't ever think about trying to.

 

The next step they talk about is passing it to some other brain dead plank on the next desk to phone you.

 

Get a CCA request off to Allied, to see if they have any enforceable agreement. DO NOT PAY THEM A PENNY.

[fishcake66]

Hi Thanks for getting back to me.

 

I will send the CCA request off to them, is there a good one to use or shall i use any? Also i have read its best not to sign it is that right? And is it also best to send off a postal order rather than a cheque?

 

Sorry to ask all these questions

 

Many Thanks

[alfwithhair]

Hi Thanks for getting back to me.

 

I will send the CCA request off to them, is there a good one to use or shall i use any? Also i have read its best not to sign it is that right? And is it also best to send off a postal order rather than a cheque?

 

Sorry to ask all these questions

 

Many Thanks

 

Letter you want is here;

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

£1.00 postal order and don't sign it. Send by recorded delivery.

 

Also if your screen name is your real name, I would change it, as the DCA's trawl through these posts and you count be identified from it

 

You say you have been paying MBNA. When did you last pay them.

Did you receive any notice of assignment to say they had sold the account?

[fishcake66]

Thanks for that.

 

I know it sounds stupid but how do you change your screen name? im real new to this.

 

I have been paying MBNA the correct amount for the past 20 months i'd say at least. I didn't even know they sold it, first thing i knew is when i had this tacky bit of yellow card saying to ring AIC to pay amount. I spoke to MBNA to make sure it was legite and they said yes it was and I asked why they didn't inform me and they said they can do what they want with money they are owed??

[alfwithhair]

Have MBNA issued a Default Notice and a Termination Notice in the past?

 

Also they are supposed to inform you they have assigned/sold the account to a third party.

 

Not sure about the screen name change, maybe if you PM one of the site MODS they will be able to assist.

 

Where you on a reduced payment plan with MBNA?

Do you have it it writing that they would take no further action providing your kept to your payment arrangement?

[alfwithhair]

A member of the site team will contact you shortly about changing your screen name.

[fishcake66]

Yes I think mbna did issue a default notice but they didnt contact me to tell me they were selling my debt.

 

I have been on a reduced payment plan but i don't think i have it in writing.

 

Do you think its worth writing to AIC telling them formally i will only conduct anything via writing?

 

Also thanks for help re the name change, i didn't think about it when signing up, one of the admin messaged me and they are going to change it so thanks for the heads up on that too

[alfwithhair]

Yes I think mbna did issue a default notice but they didnt contact me to tell me they were selling my debt.

 

I have been on a reduced payment plan but i don't think i have it in writing.

 

Do you think its worth writing to AIC telling them formally i will only conduct anything via writing?

 

Also thanks for help re the name change, i didn't think about it when signing up, one of the admin messaged me and they are going to change it so thanks for the heads up on that too

 

I wouldn't waste your time contacting AIC, other than to send them that CCA request.

 

and as I said before next time they ring, DONT TELL THEM ANYTHING.

say "If you have something to discuss then write to me"

 

Then if you have had no reply within the 12+2 working days, come back on here on we will advise further.

[fishcake66]

Hello hope you are well. Just need some advice if poss again sorry.

 

 

Not sure if you remember, i was having some probs with MBNA selling my debt off to a DCA. You advised me to send a £1 po and request a copy of my CCA.

 

In which i did and had the following.

 

I have had a reply from AIC (took about 18 days noth the 12)

 

It states:-

 

we are only acting on behlaf of MBNA in respect to recovering the outstanding debt. Such requests for the CCA need to be sent to them.

 

It also reminds me that the full balance is still due to AIC and owing and i need to act fast to prevent further action being taken.

 

MBNA have told me its nothing to do with them but i don't think AIC have my CCA, cn they still persue?

 

They have also sent me my £1 PO back very kind of them!!!

 

What do you suggest i do now?

 

Can AIC demand the money on behlaf of MBNA like they are stating and if so do they need my CCA?

 

Thanks for your help!!

[jobmid]

they have now defaulted on your cca request they do have a legal obligation to provide you with the cca and nothing else matters. you can now legally withhold payment. I would send them the account it dispute letter now as they have failed to comply with a legal request.

[jobmid]

this is the letter you need to send them http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

hope this helps;) again print dont sign your name

[fishcake66]

Can they just say tho that the debt is with MBNA and they are just collecting the amount owed? Can they also say that MBNA don't need to pass the CCA to them as they are just wanting me to pay the money to them?

 

I will send this letter off today tho thank you for your help

[Huff&Puff]

Presumably they think they are being clever by telling you to go to the original creditor, but in fact they are effectively doing themselves out of any chance of payment As said, put the alleged debt into dispute and stop all payments.

[fishcake66]

Will they be able to say anything as they have returned the £1 Postal Order?

 

Is it worth putting the postal order back in with this new letter?

[fishcake66]

Also with regards to the above letter, i have just read it.

 

I may be wrong but is this letter intended to be sent to MBNA rather than AIC the DCA??

 

It mentions things like the agreement we signed (we being me and MBNA not AIC).

 

AIC aren't the creditor or are they now??

 

It also states in the letter that the debt should not be passed over to a 3rd party but this has already been done?

 

Sorry to sound so stupid my mind is just babbled by all this!

 

Thanks everyone for their help too i really am greatful

[fishcake66]

im just concerend that if i send the above letter it might harm my case??

[alfwithhair]

when you send the CCA request to AIC did you include the following section?

 

'If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

'

It mattters not wether they sent the PO back or not, you made the request, they are failed to act on it.

 

Send the 'account in dispute' letter as advised, it goes to AIC not MBNA, they have sold the account you said. You send it to ever is demanding payment AIC. Remember to edit the letter to include the dates and references to your own situation. If you want it checked before you send it post it on here (minus personal details

 

Send by recorded and don't sign.

Then ignore anything else they send until they comply with your request.

 

Do Not speak to them on the phone

 

have you a notice of assignment from mbna saying they account HAS been sold?

Edited February 27, 2010 by alfwithhair

[Huff&Puff]

Perfect advice from Alfwithhair

[nks22]

we are only acting on behlaf of MBNA in respect to recovering the outstanding debt. Such requests for the CCA need to be sent to them.

 

If this is so then the debt is still owned by MBNA. However AIC is acting on behalf of MBNA and they were obliged to pass your CCA request on so it is to AIC that the 'in dispute' letter goes.

[c_a_s110]

I apologize as i think i am supposed to start my own thread but i'm not sure how to as i'm a real newbie.But any advice would be really appreciated as my wife and i are really worried.

 

I also have a debt to MBNA of £5k for which i had an agreement in place this was set up on my debit card but a couple of times when the payment was asked for money in my a/c hadnt cleared so payment was declined without me knowing about it when i realised this the following month i rung MBNA and the payments were made up.

 

Then 3 weeks ago i get a text message from AIC with the usual spiel and a yellow card in the post the next day, i spoke to MBNA the same day and was told the agreement was still in place and they moved my payment to later in month on a dd.

 

Then last week had a letter from MBNA saying they were closing my a/c and i wouldnt be receiving any more statements from them.

 

I stupidly spoke to Mr Harrison at AIC 3 days ago who berated me for not contacting them,he took the usual details house/morgage/car etc and them informed me i had 48rs needless to say that i havnt returned his calls and dont intend to.

 

Today my payment to MBNA has been asked for via debit card as it hasnt swaped to dd yet and payment made as there were funds available.So does this meen that the agreement with MBNA is still valid ?

 

From what i can gather reading the threads is, my best course of action is to send AIC a CCA with a £1 po not signed (recorded) wait 2 weeks and see what happens, it seems likely they will return it saying its down to MBNA and the debt is still oweing to them.

Does this then meen i need send MBNA one aswell as i'm happy to keep up the payments to them and wouldnt wont to jepordize my agreement with them ?

 

Any more advice would be greatfully received as i thought i had just got myself back on level ground after paying off 2 cards and have agreements in place on another 3 which i'm maintaining.I dont mind paying off the money i owe as i spent it, but i can only do it at a nice steady rate.

 

Thanks in advance from a very worried couple.

[nks22]

If AIC is acting on behalf of MBNA and demanding payment then send the CCA request to them. They will most likely return the PO and say you should send it to MBNA instead. They will be wrong. The Consumer Credit Act requires them to pass your request on and if you don't receive a copy of the agreement within 12 + 2 days then you are entitled to put the account into dispute. You will have complied with the requirements of the Act by sending a £1 PO. If they choose to return it that is their problem.

 

However if you're not in default with MBNA and have an active agreement with them making regular payments the account should not have been passed to AIC and you shouldn't be needing to request a CCA. Maybe you should write to MBNA and ask them what they're playing at. No doubt someone else can advise on the best course of action.

 

By the way, I wouldn't discuss anything on the phone. Insist on everything in writing. MBNA are not to be trusted and will say whatever suits them and then do something else entirely.

Edited February 27, 2010 by nks22

[jobmid]

as far a mbna are concered they are the devil incarnate. they have absoulty no morals and they seem to think they can get away with breaking the law. I was in a simluar situation to the second poster but i was going through a complaint with the ombudsman about them when they sold my debt to link. they got very badly repramanded for doing so by the ombudsman as the account was well and truly in dispute with ombudsman and mbna.

 

I would if I were you send a cca request to AIC as it might be the only way to get mbna to take the account back. that is what i did and it tured out and i knew well that i never singed a cca so mbna were goosed.

[gezwee]

c a s110

 

Use this link MBNA - The Consumer Forums

 

Scroll down to the 'new thread' button and away you go.

 

Would advise you contact your bank asap and prevent any further transactions via dd or debit card that MBNA hold on file. They will abuse their position of trust and cream your account if they get the chance.

 

If you want to continue paying by automated transfer then by all means do so by standing order (for ease) as it gives you control of payments.

 

Gez

[c_a_s110]

Thanks for the replys, have now started my thread in the right place(i think).I have drawn up a letter to MBNA to clarify the account and will send AIC a cca unless anybody has a better idea.

 

Thanks cas