MBNA Terminated agreement using different account number

[Kayyak]

Hi,

 

This is my first post. Have to start somewhere so guess this is it.

 

MBNA issued a DN informing me to remedy the breach by 25 Feb. I then received a letter on 19 Feb stating the account has been sold on to a DCA. Today, I have sent a letter to the DCA informing them that the contract has been unlawfully rescinded.

 

Now this is my problem. I was about to write a letter to accept the termination letter dated 19 Feb but the account number is not the same as the default notice (DN is correct number).

 

Should I write to MBNA stating that I do not have that account number and ask them if my account has been terminated and request the date it was sold on? The letter from the DCA was dated 25 Feb so now I feel I have no proof of unlawful rescindment (or have MBNA done this accidently on purpose?)

 

Any help appreciated.

[Dotty50]

Hi Kayyak,

 

Welcome to CAG, you will get lots of support and advice here.

 

MBNA have done the same with me and others recently. Another way to get proof of the sale date is to check your credit file.

 

Where are you with this? Have you requested a copy of your CCA or sent a SAR yet?

 

This thread also needs to be moved to the MBNA forum as you have started it in the bear garden, easily done, I will alert one of the site team to move it for you.

[Kayyak]

Didn't think of credit file. Good idea.

 

No haven't done SAR or CCA I'm still learning, it all seems a bit too much. I feel confident and then all of a sudden I lose it as I always have the impression banks have the upper hand although this site has given me more confidence, but I do question myself.

 

I thought this MBNA one was a good starting point, but come accross my first hurdle.

 

Also, one more thing I'm really worried about now is that my husband was made redundant last year sow we had to cease all payment to creditors. He is now working but not earning as much as before, but in the meantime I have sent I & E details with letters but worryingly, with our signatures. I feel CCAs may not get what I want as they could copy the signatures!

 

Thanks for getting it moved, I learn by my mistakes!!

[Dotty50]

Well you are in the right place to get all the support you need.

 

It's not easy and I know exactly what you mean about losing your confidence (and I have years of experience in the credit industry) but the more you read on here the more knowledgeable you will become.

 

You will feel as though you are going round in circles sometimes too!

 

If you haven't sent CCA request, then that is the first thing to do next, they may have an enforceable agreement, how old is it?

 

Even if it is unenforceable, the debt remains but it puts you in a bit of better position to negotiate as you wish.

 

If the account has been sold, I expect you are now familiar with some of their tactics, but DON'T speak to them on the phone, always insist on written communication, not that this stops them calling.

 

I have 2 MBNA cards if you want to read here they are and it will give more information which may be of use.

 

http://www.consumeractiongroup.co.uk/forum/mbna/201854-mbna-ex-hfc-beneficial.html

 

http://www.consumeractiongroup.co.uk/forum/mbna/201852-mbna-virgin-cca.html

 

Any questions, feel free to ask and if I can't help, I have no doubt that someone else will.

[Kayyak]

Thanks for that Dotty, just read some of your first thread. Went to bed late, and woke up eary, worrying.

 

I'm also dealing with DLC. It was a Virgin CC taken out approx 2006. I'll draft up a cca request this evening. (didn't want to go down this route yet, bit daunting).

Queries:

1. Should I Data Suject them too. They may have the date/copy of letter they actually "assigned/sold" the account to DLC (as you received).

 

2. Do I accept their termination yet or wait until I get info from the SAR?

 

Secondly, I have also have a debt with them and received a DN from MBNA, and have until 25 March to rectify breach of arrears outstanding. But on Saturday I received a letter stating that it's been sold to DLC. The letter has the incorrect account number. Now, I don't want to make any mistakes with this one. I have a day or so left, should I ring MBNA today and point out that the account number is incorrect and could they send me a revised letter (that way it's unlawful rescindemnt and easier for me), OR SAR/CCA them now? (bearing in mind, they have my signatures - stupid me, wish I knew about this site earlier).

[dpick]

Hi I read some posts on the forum that MBNA have a habit of changing the account number when selling an account to a DCA. If the account number is the same then they have assigned the DCA to just collect the alleged debt.

 

dpick

[Dotty50]

Hi Kayyak,

 

A number quoted on one of my letters was an old MBNA card number that I recognised, so that may be why they quote a different number.

 

I really wouldn't worry too much about the fact that you have sent your signature, it's done now so you can't do anything about it. MBNA have never asked me for an original signature.

 

However Capital 1 are a different kettle of fish! If you have to send your signature either use the digital signature on here or simply put a little extra embellishment when you sign and keep a copy of whatever you send.

 

Start another thread for your Capital 1 problem so that this thread doesn't confuse people.

 

I think you will have to find some threads that relate to more recent MBNA cards than mine so that you will get more up to date information.

[Kayyak]

The letter MBNA sent me said they sold the debt to DLC.

 

Should I ring them as my breach doesn't end until 25th March and ask them for a revised letter with the correct account number? Time may be the essence here.

[Dotty50]

Kayyak,

 

Don't ring anyone, written communication ONLY.

 

Send any letters recorded delivery and check the royal mail website later to get a print of their signature on delivery.

 

Get a folder and keep all letters in order of receipt and ALWAYS keep the envelopes of any letters you receive.

 

I have had a letter from Hillesdens (dlc) today and they are now quoting a new reference number for mine

[Kayyak]

Update..... received a letter from DCL today for my account (dated yesterday) saying they have bought the debt. DN hasn't expired yet!!!

 

Thought I should send off a SAR now for partners account to get proof of date of sale. Should I put the reference number on the letter and presume do not sign?? - send £10 po and send recorded.

 

Then I could write to MBNA stating that I accept their termination. Is this the best route.

 

Should I SAR for my account too as I have a letter from DCL dated before DN expired?

 

Grateful for any help received.