MBNA – Enforceability

[dx100uk]

4 threads merged

 

please keep to ONE THREAD per debt

 

stop making a new thread for each issue with this card

 

post your updates here only.

 

dx

[flandm]

Sorry if this is all disjointed, my thread is not about PPI but about Aktiv Kapital as my disputed debt has been yet again passed on. That said Aktiv Kapital state they have purchased the debt and refer to a previous company who I have never had any dealings with. My question really is, should I do a quick letter to them advising them that the debt is disputed, not properly executed or just ignore them.

 

Thanks

[dx100uk]

what does your cra file say about this debt

 

dx

[flandm]

Oddly no idea. I must check, I assume with one of those free 30 day trial ones. Will do that tonight and come back to you. Thanks for the response.

[Bazooka Boo]

https://www.noddle.co.uk/ free!

[flandm]

Used Noddle and apart from a poor credit rating which is to be expected and a few searches for car insurance (i think) there is a default registered 12/02/2012 by Experto Credite. Oddly none of my part settled debts show up which I assume is good.

 

Any guidence on Aktic Kapital would be appreciated.

 

Thanks

[dx100uk]

ever had any discount letters?

 

dx

[flandm]

Only from previous lenders who are all paid up. Not had any from Experto Credite or the now Aktiv Kapital who say they bought this debt. Its all very odd as MBNA passed it onto Experto Credite and then Credit ManagementAssocs and sometimes both together but they were all the usual blurb nothing ever threatening and always answered with the standard "account in dispute" and "not properly executed agreement" letters.

 

Now it is with Aktiv Kapital I'm not sure what they plan to do as I have not replied to them yet. If I do or more when I have to what should I reply with.

 

Thanks

[dx100uk]

let it run a bit

 

ak have just brought a vast portfolio of lemons

 

dx

[vint1954]

Hi Flan,

 

If you check the printing codes on the application form, the date side has a code of 03/00 while the postage and prescribed terms side has a print code of 01/00, so the 2 sides were never as one.

 

The rest of the T&C's have a print code of 1998!

 

MBNA usually just scan one side of the agreement then destroy it, so the reverse side is taken from a library, roughly at that time of application.

 

You may at some point wish to write to AK, stating that the account was in serious dispute with MBNA ( if it was) and that they should not have sold it on Varde without settling the dispute.

 

It is a tough one to defend in some courts as they seep to accept reconstituted agreements in the county court. It may pay to be robust and try to dissuade them from taking further action, but leaving the fact that the 2 sides to not match until it gets to court. You can then request that the Judge orders the original to be produced, as the T&C's quite obviously do not match.

 

How about your Default Notice. They usually mess these up. If you want to post it up, minus your details then we can take a look.

 

They usually mess the DN up by not allowing time for posting and by requesting the full ballance. Beware of their copy DN's, they do not match the originals. They reconstruct using their current template.

 

Vint

[Michelangelo48]

If the DN arrives with a demand for full payment in the same envelope-both letters dated 5th march 2012-is this legal?

[BRIGADIER2JCS]

If the DN arrives with a demand for full payment in the same envelope-both letters dated 5th march 2012-is this legal?

 

Yes!! but what arrives in any envelope is not going to help as the contents

of the letters gives you the required information.

[vint1954]

Are you saying that this is the first Default Notice that you have received from MBNA?

[Michelangelo48]

Yes! Is that significant?

[vint1954]

Well yes, they should have issued a DN at the time of default. Usually after 3 missed payments.

 

If they terminated the account at that time, what have they now got to issue a DN against.

 

Vint

[BRIGADIER2JCS]

Defaults can be placed (and often are) after 1 missed pyment in the case of

insurance installments, each company will have their own time scale written

in to contracts, the only guidance is that default should (not must) within 6

months of

[Michelangelo48]

Thanks Vint! Helpful! Good site this!