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Rainstorm45

Help needed over Allied Internation Credit/MBNA

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Hi

 

I hope someone can advise me on this. I have a £6500 credit card debt to MBNA. Three years ago, I realised I was in difficult circumstances and agreed to pay MBNA £120 a month (The debt was then £11,000). I continued to pay for 3 years, until I was made redundant and missed 2 payments. MBNA told me I had defaulted and I was advised (over the phone) that the debt would be passed on.

 

I received a yellow card demanding payment from Allied Credit International, stating they had been instrcuted by MBNA to retrieve the debt. I sent off a CCA request which they have returned to me, with a covering letter stating "as we are only acting on behalf of MBNA... we are unable to fulfil your request. Such requests should be addressed to MBNA directly".

 

They then repeat that the full otustanding balance is due and want me to phone them.

 

So... what should I do? I'm not phoning them under any circumstances but wonder if I should contact MBNA again. A) I want proof AIC are acting on their behalf, B) should I ask MBNA for the documentation re my account C) I am actually now in the position of being able to pay £120 a month again. I have reached an agreement with my other creditors - surely AIC wouldn't get anywhere with legal proceedings when MBNA considered £120 a month was enough towards an £11,000 debt and that debt is now considerably less?

 

I'm quite worried about this - mainly because MBNA are vile and nasty to deal with - but surely the fact that Barclaycard (2 accounts) and John lewis have come to agreements with me is in my favour? I haven't had any professional advice on this - I've done this myself and in 3.5 years have reduced my overall debt from £52,000 to £23,000. I really want to be debt-free in a few more years and feel MBNA have been unreasonable.

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and feel MBNA have been unreasonable.

 

Well, they are noted for it.

 

Regarding AIC, they are obliged to pass your request for the CCA to MBNA and their answer is frankly, bullsh*t.

 

I would simply ignore AIC from here on out. Unless they have bought the debt, (which is unlikely ) they CANNOT bring action against you - it would need to be a joint AIC/MBNA action and if MBNA wanted to go down that road, you would be hearing from either Restons Solicitors or Optima.

 

How old is the account in question?

 

David

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Thanks for the reply. The account is probably 9/10 years old.

 

My feeling is that the last line in the ACI letter reminding me that I owe the full amount and that I need to ring them to avoid further action is just bravado.

 

Should I send a CCA request to MBNA? Or a letter saying I'll only deal with them as ACI have no right to pursue me?

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Hi Rainstorm

 

Welcome to CAG

 

The first thing to do is send MBNA a CCA Request, send it recorded, they have 12+2 days to respond. Scan, post removing all personal details. The guys here will tell you if it's unenforcable. If it is unenforcable you can put the account in dispute.

Second thing to do is claim back all Penalty Charges with interest over the last 6 years plus. This applies to all your credit cards,

don't let them keep your money.

 

Claim back all mis-sold PPI with interest. Again over the last 6 years with interest. All templates and spreadsheets are found on this this site.

Thirdly, MBNA or DCA aren't suppose to harrass when chasing a debt, the OFT have set guidelines:-

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/527-oft-debt-collection-guidance

 

If you feel they are breaking these guidelines complain to the OFT and Trading Standards.

 

Some harrassment letters :- http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/591-dca-home-visit-if-you-receive-or-are-threatened-with-a-doorstep-visit-

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Thanks for the reply. The account is probably 9/10 years old.

 

 

Worth doing the MBNA CCA request as suggested - good chance what they have from that date will be illegible, (as mine is, which hasn't had a penny paid in 4 years)

 

david

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