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contant calls from Aktiv Kapital re MBNA debttoo


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Does it mention any other document in those Ts & Cs?

 

Yes....it starts off with a box about 'Financial & Related Conditions' with a box below about 'Loss or Misuse of Credit Card'. Below that it says.......

'Set out in paragraphs 1-12 below are some of the provisions contained in Conditions 8 and 9 of the MBNA Credit Card Terms & Conditions. The other conditions referred to in those paragraphs and the applicable definitions can be found in those Terms & Conditions'.

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Have those Ts & Cs been provided?

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I don't think so because I haven't got them and as I said earlier I tend to keep everything especially T&C's. I do have some more recent letters with amendments to T&C's

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  • 2 weeks later...

I'm still wondering how to reply to Aktiv. I'm thinking of doing an up to date budget sheet from the CCCS (Stepchange now) and offer Aktiv a monthly payment as per CCCS calculations. I imagine that, due to my income, the payment will be very little or maybe even just a nominal payment. Is that the best way to proceed as I'm not in a position to repay this debt - as I posted at the beginning it's actually my son's debt but he's done a runner and the card was in my name :(

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Without those Ts& Cs mentioned then reject the CCA before considering payment.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Without those Ts& Cs mentioned then reject the CCA before considering payment.

Does that mean you think the debt's unenforceable without proof of ever receiving a separate booklet or something on T&C's? I'm sorry if I appear thick but this is all new to me. I'm not trying to shirk out of it and would negotiate a full & final settlement if and when I can take my pension. I've just done a current Stepchange budget sheet and it shows there's no income left for payments so I'd only be offering a nominal £1 a month to Aktiv. As I'm disabled and not able to work my income is never going to vary much.

 

PS. thanks so much for all your help.

Edited by Bob Spiers
to add PS
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H Bob,

 

Look at it this way they have failed to provide ALL the relevant Ts & Cs so there is a lever for you to get a far better deal if you make an F & F offer.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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H Bob,

 

Look at it this way they have failed to provide ALL the relevant Ts & Cs so there is a lever for you to get a far better deal if you make an F & F offer.

Thanks I see what you mean. Is there a template letter I could use? I'm having a look at the template letters but I can't see one. I like the 'Ask creditors to write off the debt due to your circumstances' one. I'd love to send that but somehow I don't see them agreeing :-D

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No nor can I see a write off but perhaps a beneficial deal on F & F, don't worry on a template I'll draft a letter for you later today.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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looked at £12 penalty charges & PPI bob?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...
No nor can I see a write off but perhaps a beneficial deal on F & F, don't worry on a template I'll draft a letter for you later today.

I'm sorry to be a nuisance but I was wondering if you'd had a chance to do this yet? I haven't replied yet but really need to plus they chased me for e reply a few weeks ago. Thanks again, your help is much appreciated.

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Sorry Bob, been have some computer problems, missing posts and message been trying to catch up.

 

Ok has there been any further contact regarding this from AK or anyone else, do you wish to go ahead with a F&F settlement.

if so what do you want to offer?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Sorry Bob, been have some computer problems, missing posts and message been trying to catch up.

 

Ok has there been any further contact regarding this from AK or anyone else, do you wish to go ahead with a F&F settlement.

if so what do you want to offer?

 

Thanks for getting back to me. The only contact, since the earlier posts, was a letter from AK on 18/6/2013 saying 'in order for us to conclude the queries raised we do need to hear from you as requested'.

 

I won't be in a position to offer a F&F till I can take my personal pension which will be several years away yet. I was intending sending AK an up to date budget sheet from the Stepchange website. It would show that I don't have any surplus income/funds but I was thinking that although there's no funds, I'd offer a nominal £1 a month payment :|

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