Help... MBNA have no agreement

[sunboy]

Hi

I have an old abbet credit card account which is now owned by MBNA. They cannot find the credit card agreement and have written to me to say that although they can't take court proceeding I should still keep payments up and they are quoting 2 cases MbGuffick vs RBS and Carey vs HSBC.

 

What should be my next step with them?? The balance on the account is about 10k

[dpick]

send them a two word reply as in "Bugger off"

 

dpick

[unredacted]

Hi Sunboy

Mcguffick judgement states that the debtor's obligation to pay, remains, therefore you should keep paying, the creditors can ask for payment but cannot enforce payment from you. that's the law as it stands. the creditors can, under this judgement employ DCAs to harass you and Send information about you to CRAs, to trash your credit rating, but as alreasy stated they cannot enforce payment from you, only a court can do that.

[sunboy]

thanks guys but things are getting really tight with wife getting no work - might be able to ask her dad to help us a bit - should I wait before offering a F&F or just go for it now before they get too nasty or will they think its too soon. Payments currently up to date but I have stopped the one coming up in 2 weeks.

[unredacted]

Hi Sunboy

My guess is they will ignore your offer of F&F in the belief that you will be intimidated enough to continue paying, to bring them to the table you may well need to stop paying. Send your letter making it clear to them that they have no agreement and you are quite prepared to stop payment untill they begin talking about F&F but give them seven days to respond. If you own property this is a big step to take since at some point they will threaten to get a charging order. But remember they will have to win thier case in court which is by no means certain but a least you have put some pressure on them

Good luck