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MBNA CCJ/CO (Rest K) - sold to Marlin


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Hi there!!

 

Have been on the Hardship program with mbna, fell behind on payments etc... survived all the nonsense calls i used to get sent them the letters only template etc, still get the occasional call straight to answer phone.. ( they must not like me lol..) anyway they've sent me the we're going to default you etc notice 28 days blah blah ( which is quite funny as they sent a DN back in April:rolleyes: i think..) will get the jpg up for someone to look at to see if it's invalid etc... And today i have sent off the CCA request, should've done i ages ago i know, but have been having a separate war with hsbc... Just wondered what my next move is?

 

Thanks in advance...

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cca request first then bang in a subject access request and get all the info.

 

PF

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Thanks PF will wait and see what the cca brings before i waste a tenner lol, my biggest stumbling block so-to-speak is that the card is only 3 or 4 yrs old, but you never know... If they can't find it etc can i then put the account into dispute? Or can they enforce it no matter?

 

Thanks...

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Seems mbna really want me to pick up the phone now, as they seem to be using mobile numbers in the hope i'll pick up. which i won't, if i don't know the number. and have left messages to get in touch to resolve etc etc... Any ideas please? before they issue a dn against me, which they've already done 3 months ago....

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  • 2 weeks later...

Well smack on time the cca stuff came in the post this morning ( oh well i thought. Worth a try!!!) Anyway opened the letter from (virgin.) mbna and well a load of old well you know what.... all blank forms, latest t&c's plus a couple of statements nothing with my signature on it etc etc, will get then loaded up to photobucket tomorrow for you good people to look at, and hopefully advise me on my next move... So what should i do next with regards to this laughable cca they've sent me? At least hsbc made an effort, when i asked for theirs albeit four days late lol

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Right have finally got around to uploading the stuff they've sent me minus a statement and new t&c's if you need em just ask and i'll put em up the only signature on these is a scrawl on the statement and it is a scrawl... Please let me know about this cca, as i think personally it a load of cobblers but well your advice is always appreciated.... Thanks in advance peeps!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnaccacover.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/Mbnacca1.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/Mbnacca1rvse.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca2.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca2rvse.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca3.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca4.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca4rvse.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca5.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca6.jpg

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbna%20stuff/mbnacca6rvse.jpg

 

Please let me know what my next course of action will be after viewing this please... As i've said i've deleted my personal info but have not edited any sigs as they were all blank...

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  • 2 weeks later...

Have just had this through the door can someone please please comment and help me on this thanks so much!!!

 

http://i980.photobucket.com/albums/ae289/tuvelpit69/mbnadn.jpg

 

Seems they can't be bothered to stick to our severe hardship agreement, am sure they've already issued me with a dn but not sure where i've put it...

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What date did you recieve it and how was it posted?

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

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http://i980.photobucket.com/albums/ae289/tuvelpit69/mbnadn.jpg

 

Seems they can't be bothered to stick to our severe hardship agreement, am sure they've already issued me with a dn but not sure where i've put it...

 

Hi Bilious,

 

As they have already defaulted you then its not going to matter really, the earlier default should be what shows on your credit file and should remain with the same date.

 

If you fell behind on the hardship program then they will probably sell you on to an external DCA or at least assign it out, esp if your not talking to them. As for the CCA, after Carey their repsonse will suffice although I'd argue about the sending ALL variations rather than just an updated terms but its one a judge would have to decide. Chances are as its so recent its going to be enforceable.

 

You could write back stating the agreement you have been sent doesnt contain your signature, I think the template is on here although I've no idea how to find it now the site has changed so much :-(

 

Sorry not much help

 

S.

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Thanks for that have not fallen behind on the hardship at all, have payed on the dot every month! But they now seem hell bent on going this way... Only reason i stopped talking to them was because all they wanted was more and more money that i couldn't afford? have asked for everything to be in writing but they seem to ignore it? Oh! And the cca they sent me through wasn't what i signed it was one of the 0% jobbies sent through the post? Don't know if that helps?

Edited by bilious
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Flag the post to a site team member to check on the timescales for you...I'd do it but I'm in the middle of something.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thanks for that have not fallen behind on the hardship at all, have payed on the dot every month! But they now seem hell bent on going this way... Only reason i stopped talking to them was because all they wantes was more and more money that i couldn't afford? have asked for everything to be in writing but they seem to ignore it? Oh! And the cca they sent me through wasn't what i signed it was one of the 0% jobbies sent through the post? Don't know if that helps?

 

Ah sorry, misunderstood the posting, if you have it in writing that the agreement is x number of pounds a month then just stick to it, they will ALWAYS attempt to get you to raise if by ringing and harassing but so long as you keep to the agreement.....you'll have to ignore the phone calls or save up and buy the expensive but fantastic truecall device.

 

If it was by phone then I would request a SAR from them which asks specifically for all recordings of phone calls.

 

As to the default, they will default you if they put you on their hardship scheme, its their way of punishing you !

 

S.

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi babybear i got the letter through the post 2days ago? marked with a s on the letter uk mail... Any help?

 

Not unless you edit post #7 it isnt ;-)

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The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Oh and if you do have the agreement of payments in writing then write a formal complaint to them stating you are keeping to it by making payments and for them to only contact you in writing if there is something important to advise of... and if they cant keep to this you will make a complaint to the FOS.

 

If they dont take any notice of it, complain to the FOS and get them a £450 investigation charge :roll:

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Hi shadow, no everything was done by phone agreement wise!!! In retrospect i now know i should've got it in writing, but hey ho! what do i need to do to post 7 sorry?

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FOS charge about £500 now for the pleasure of investigating a complaint ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Me or mbna? Lol anyway how do i flag this for a site mod babybear? and if it is enforceable what am i looking at? If it does go to court will i only then pay what i can afford? And yes i have property but it's shared ownership so their going to be stuffed down that route!!!

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Thread flagged to site team to have a look in :) Sorry, was busy earlier...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Thank you babybear, no problems about that i know your a busy bee! Find it strange they've sent me an online cca version when i filled in one of their 0% transfer thingymabob that came through the post, any reason for that? cos none of the boxes are ticked either on mine unlike others i've seen?

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Have been unable to access your links. I get message that page is unavailable :(

 

I find it strange that they have sent you a further default notice if you have been sticking to the payment plan. Unless of course the original default notice was incorrect. Unless they terminate the account then they can send as many dns as they want.

 

It would be foolish of you to make any further contact by phone. It is your legal right to have all communication in writing, this to better protect yourself in the event that litigation is started.

 

It would be in your own interests to invest £10.00 in a SAR that way you will have all the information you require just in case they do take the final step.

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Thanks citizen b strange for some reason the first link wont show but it is there! i'm sure they have already sent me a dn but will have to try and find it!!! As i've said they seem to have sent me the online app cca, when i know i filled in a 0% transfer form through the post with my signature on it does that make a difference? What's the worst case here? court jobbie and i pay only what i can afford?

 

Thanks in advance for your help!

 

Oh and what about the DN that they've sent me is it a valid one?

Edited by bilious
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Hello bilious

 

I have received your pm, thank you.

 

I am quite busy at the present, but when I do have a spare 20mins I will read through your story and see if I can help you in anyway.

 

Kind Regards

 

The Mould

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  • 3 weeks later...

Just had a nice letter from mbna threatening the usual if you don't contact us in 14 we 'may' etc bankrupt you , take your house ,charging order attachment of earning bailiffs etc.. Any ideas?

 

Can someone please comment on what i should do next as they seem to be threatening the legal action route please!!!

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I would think that a SAR would be a very good thing! A tick box on an online application suffice as you signature, wonder whether "forging" your signature with a tick box will means a forged signature? If you never applied online and they said you did could have serious consequences IMHO. If you do a SAR and they send a signed one, then it is even more compelling!

 

Should it go to court then the judge will look at what happened before. Seeing that you agreed on a payment and you are sticking to it, surely that would not look good!

 

if it is all you can afford, then a judge will not force you to pay more, what is the point in them taking you to court then? Surely they know that and all this is probable only tactics to try to get more out of you. If you keep up the agreed payments, then you will be fine and you can ignore all their gooble junk, IMHO.

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  • dx100uk changed the title to MBNA CCJ/CO (Rest K) - sold to Marlin

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