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hewhomustbeconfused

MBNA sold debts to Aktiv Kapital UK

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I had two credit cards with MBNA,

I had problems making the full payments due to health issues,

I therefore paid them a token amount as suggested by "mymoneysteps" website.

 

After about 9 months they wrote to me and said that they were recording the accounts as in default.

They then (about 2 months later) wrote to me and said they had sold each debt to Aktiv Kapital.

 

I have continued making the token payments to MBNA and have ignored requests from MBNA

and Aktiv Kapital to make all future payments to Aktiv Kapital or corresponded with Aktiv Kapital in writing,

I believe I may however have spoken to the latter on the phone.

 

My questions are,

 

1. I assume that MBNA do not have an enforceable CCA otherwise they would have made an effort to collect the debt,

and therefore have "sold" the debt to Aktiv Kapital?

I have not entered into any correspondence with Aktiv Kapital who regularly send me a discount offer of repayment.

 

2. a) If the CCA is not enforceable, then I assume they do not have a right to assign the debt either?

b) If the CCA is not enforceable do MBNA have a right to mark it as in default as this effectively terminates the agreement

but if one doesn't legally exist is it possible for it to be in default?

 

3. What should be my next step?

 

Should I

a) contact MBNA and ask for a CCA and signed agreement of assignment or

b) contact Aktiv Kapital and ask them for the same.

c) do something else.

 

Credit Report - MBNA and Aktiv Kapital show the default on the same date MBNA show each debt as "settled"

and Aktiv Kapital have acknowledged the payment terms,

Aktiv Kapital do not record any payments even though MBNA say they pass them on to Aktiv Kapital,

MBNA stopped recording the payments from the "date of assignment to CAIS member"

although the amount does reduce each month by the correct amount.

 

Other questions

 

1. as both MBNA have recorded a default for the same defaults does this effect my credit score if one of each pair is shown as settled?

 

2. The other question is as the debt has been marked as defaulted,

when it drops of my Credit file in 6 years from the default date what happens to the debt?

Experian do not include the amount of either debt in "Amount of outstanding debt (excluding mortgages)".

 

I hope I haven't asked too many questions at once.

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Have you ever requested a CCA from Aktiv? The fact you are being offered multiple discounts should be ringing alarm bells.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Write to Aktiv with a CCA request to establish exactly what they do have. Don't assume that they don't have one - in my case I was offered discounts, received no CCA so ignored everything up to a Court claim and lo and behold a perfectly enforceable CCA was finally produced. They went for the jugular with a Forthwith judgment and AoE attempt.


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I have been reading on the internet about s.77/78 of the Consumer Credit Act 1974,

 

OFT1272 suggests that in response to a CCA Request they don't have to produce an original and that a "true copy" can be an agreement

and a statement that it was our policy to always have a signed agreement before setting up an account,

 

so is a CCA Request any use?

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Depending on the date an agreement was taken out, they would have to produce the original agreement in court in order to enforce any judgement. Most modern agreements (post apr 2007) only need a valid recon to comply).


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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not having a cca does not stop nor prevent credit file marking by whomever

nor the selling of a debt.

even if the debt does fall off after 6th default birthday

its still owed

esp if you've paid anything within that 6yrs

 

the debts have been sold

 

so i'd guess you must have heeps of PENALTY charges & PPI?

 

I would certainly CCA A kleeners

 

when did you take these cards out?

 

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One card was taken out in 2002 the other in 2005, there are no penalty charges as MBNA suspended interest charges and I think I only ever had their free PPI that they offered for an introductory period.

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