My MBNA debt

[Fami1yGuy]

Hi this is my first post So Hello all, this is such an informative site.

 

I owe £3000 to MBNA and have been paying a reduced payment to them for five years of £50 per month.

 

I hit some difficulty with them late last year to a family bereavement so had to stop making payments to some of my creditors, MBNA being one of them.

 

One thing has led to another and I have just received the yellow card from Allied stating that they want the payment within 14 days.

So I did what most of us would do and gave them a call.

 

They wanted some details like mortgage and some minor expenditures to which i told them.

Once I gave this info he goes into one demanding full payment.

I told him politely that i havent got it.

He then tells me i cant tell him now but must call the office monday to inform him i havent got £3000, so i now believe if i phone him he is going to start the threats.

It amused me how near the end he started getting aggressive. I laughed at him

and said OK ill phone you on Monday but the answer is still the same you cant get blood out of a stone hung up the phone.

 

What next I ask?

Do I phone him or do I start the letter writing I have read about on the forum.

 

I did deal with this lot 4 years ago with an American express card i owed.

I have since payed this off under an agreement.

They got really nasty back then literally shouting down the phone at me telling me i was going to lose my home and all sort.

The worst thing Is its not like im shirking my debts,

I want to pay them but these companys just want more and more all the time.

 

This time i want to fight them, I dont want to be pushed about.

After reading the forums I have come to realize i have rights too.

 

What I would really like to know is where do i start

and what all the procedures are and where do they lead.

Thank you for listening to my long winded waffle

[rebel11]

Hi fam

 

Welcome to CAG

The guys will advise as soon as they are available.

 

Thread moved.

[PGH7447]

dont understand the debt was 3000 and you have oaid 50 a month for 5 years that equals 3000 so by my calculations there is no debt.

 

on another note dont phone them up, written contact only, then they cant twist the information, and dont tell them any financial details

[Fami1yGuy]

Sorry I should have explained better, I owed £6000 but have payed back £3000 so far

[PGH7447]

OK first off have you ever requested the CCA? if not fie one of to these muppets, that will slow them down

 

Also any charges or PPI?

[Fami1yGuy]

Hi thanks I take it this is the CCA request letter

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully

 

[PGH7447]

that will do, send recorded with a £1 postal order

[Fami1yGuy]

Letter all printed out ready to go tomorrow. A little note at the bottom for them not to contact me by phone

[teaboy2]

Just curious, but MBNA are known for issuing invalid Default Notices. So have they sent you one?

 

If so, what was the date of the DN and what was the remedy before date of the DN. include the year in the dates and we can work out if it was a valid DN or not.

 

Secondly - has the debt now been sold to Allied or are they just acting on behalf of MBNA, if your unsure, send a SAR to MBNA as this will show if they sold it, and if it shows it was sold before the remedy date on the DN (as they have been known to do) then the DN is automatically invalid regardless and they have committed unlawful rescission of the agreement.

[Fami1yGuy]

No they haven't, but Allied have contacted me demanding full payment. MBNA haven't sent me anything at all.

[teaboy2]

If allied have contacted you demanding full payment, if that is the full outstanding balance you mean, and not just full payment of arrears, then sounds to me like MBNA have terminated the account. So if they have not sent a default notice then they are in trouble.

 

So we need to find out if they have defaulted you or not and whether they have sold the account to ALLIED, so send a SAR to MBNA. The SAR will produce a copy of any Default Notice if they have defaulted you The SAR will also show who owns the debt right now. Also you can use the SAR will contain statments etc that you can use to reclaim all the charges incurred on the account and PPI.

[Fami1yGuy]

Just checked credit expert and they defaulted 30/12/10. no letter telling me this though. Allied want the full outstanding balance. I have posted a CCA of to Allied to see if they own the debt. i cant understand how it is legal for a company to sell off your debt to another company. I know it is legal but it doesn't seem ethical. What really cheeses me off is that they see your expenditure form but still demand more and when you cant keep up the payments they wonder why. I have a lot of debt all cards and have kept most of my back (just) for the past 5 years. but things are getting harder now and im fed up with it. When it all come to light what i owed i contacted the cccs and they suggested i go bankrupt, but i didnt want to go down that road, i wanted to pay it all back. But these people dont make it easy for you.

[teaboy2]

Ignore CCCS advice for going bankrupt.

 

Right if they have placed a default on your file, but did not send you a default notice then failure to send a default notice makes the default notice invalid

 

"Failure of a Default or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd v Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt (Wilson v First County Trust Ltd (2003) UKHL 40, Wilson V Robertsons (London) Ltd(2006) EWCA Civ 1088, Wilson v Pawnbrokers (2005) EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpohraror v Woolwich Building Society (1996) 4 All ER 119)."

 

Whatever you do DO NOT TELL THEM THAT YOU HAVE NOT RECEIVED A DEFAULT NOTICE.

 

The reason for this is because we need to know for definite that they have sold the account to Allied. Because if MBNA still happen to own the account then they can quickly remedy the Default Notice by issue you one that is valid. However if they have sold the account, then the agreement no longer exists, as such they will not be able to remedy the invalid Default Notice which would mean their selling of the account whilst the default was invalid, would mean they committed unlawful rescission of contract/agreement. Unlawful rescission means they can not enforce the debt in court and they can basically then go swivel for it, plus it would be up to you whether you carry on making repayments as either way the default on your credit file will not fall off your file for 6 years or if you settle the debt before then it will show as settled but still not fall of for 6 years after it was issued.

 

So you need to get a notice of assignment from Allied showing who the owner of the debt is.

 

But i repeat it is very very important you do not say anything to Allied or MBNA about their failure to send you a default notice until we tell you too. Basically you now have a secret weapon to throw at them right when they least expect it.

[Fami1yGuy]

I have sent the CCA off to Allied will they be able to give me the info or do I send the SAR to MBNA as well

[teaboy2]

CCA to Allied.

 

SAR to MBNA

 

 

A CCA Request only gets you the credit agreement, it will not provide you with any other details as to when the account was sold or defaulted etc. That's why you send the SAR to MBNA to get that info.

[Fami1yGuy]

yes. Il wait to see what they send back then ill send a SAR to MBNA

[Fami1yGuy]

ok ill send for the SAR

[teaboy2]

ok, let us know when you get a response from either of them.

[Fami1yGuy]

Hi again. I had sent the CCA off to Allied, and their reply letter today came.

Thank you for your recent letter which I have attatched for ref.

 

As we are only acting on behalf of MBNA in respect of recovering the outstanding debt on this account, we are unable to fulfil your request. Such requests need to be addressed to MBNA directly.

They have sent my £ back

With a nice note at the bottom

May I also take this opportunity to remind you that the full outstanding balance on this account is due and owing. You will need to contact our offices upon receipt of this letter on telephone No ************** to prevent recovery action being taken, they didnt sign the letter.

Now the SAR has been sent to MBNA what do I do with respect of this letter.

[PGH7447]

wiat 12+2 days then send these fools the account in dispute letter, they are chasing they provide the info

[Fami1yGuy]

Hi, just thought i would mention. I got reply after putting the account in dispute and it has now gone back to MBNA (it worked lol) Thanks for all your help.

[teaboy2]

Hmm sounds like their refusal to supply the CCA in your other post and now there passing the account back to MBNA suggest that neither they or MBNA have a copy of the agreement. I suspect the next course of action from MBNA will be to sell it to verde investment (ireland) limit, but tell you it was sold to experto credite, only for experto to tell you the truth that i was sold to Varde investment (Ireland) limite - MBNA are very willing to hide that truth from you, probably for tax reasons. Don't worry though; regardless of who they sell the debt to, because they failed to send you a Default Notice, then such sale of the debt would be unlawful rescission on contract by MBNA. So anyone buying the debt would not be able to enforce the debt in court.

[Fami1yGuy]

I want to pay this debt but on my terms. Do you think if i contacted MBNA and suggested a payment agreement they would go for it. or will they sell it anyway?

[teaboy2]

its worth a try, but i suspect they would just sell it anyway eventually. Most creditors usually do sell them to DCA's.

[Fami1yGuy]

Hi again. I now have Fredrickson trying to collect. What letter do I send them as I have already put this in dispute with allied. Do I start again with a cca or another letter of dispute. If a dispute letter advising them of allied not being able to collect what do i write

 

regards:)