Apex chasing Virgin/MBNA credit card 'debt'

[Matt.]

Following on from dealing with my fathers debt thread

 

Received a letter from apex today with a signed photocopy of the actual agreement that my father took his virgin credit card out with from 2002.

 

I take it a full and final settlement is the only way for this one now is it ?

 

Cheers

 

Matt

[fkofilee]

Please post up....

[Bazooka Boo]

Are you sure it is enforceable?

Does it have all of the T&C's included?

 

F&F is miles away, how much is it?

 

You have to ask yourself if it is a considerable amount, why did V flog it?

 

PPI, charges including interest can all be reclaimed.

[Matt.]

It seems so, has 12 pages of T's & C's

 

The amount was 5700 from memory - in 2008 mnba offered an early settlement with 65% off. £1995.

 

uploads of agreement to follow

 

Attached

[havinastella]

Firstly to enforce in court they need the original.

 

Second, those T&C's state the charges are £12, in 2002 they were at least £25, so not original T&C's. You may want to check on their website if they are the same as todays.

 

Thirdly, the agreement has PPI ticked, have you recalimed mis-sold PPI and charges?

[Matt.]

Id hazard a guess if they have a copy they probably have the original although it is a long time to hold a copy of a signed agreement.

 

you are right, the rule was only change in 07 or 08 from memory

 

Im not sure if they have been claimed - will have to double check

[AndyOrch]

" I take it a Full and final settlement is the only way for this one now is it ? "

 

I personally would ignore them unless they issued a claim...then you can challenge the above...there are no prescribed terms...its an application form form that you filled in at Hopwood Park Service Station...most probably by a canvasser touting for business.

[dx100uk]

and pocketing the PPI commission

 

 

dx

[dx100uk]

they have included both relevant sets of T&C's

so I assume a default notice was issued around the time of the second set?

 

 

if so

what they have provided is enforceable.

 

 

when was his last payment/use

and what is the defaulted date from his credit file please?

 

 

dx

[Matt.]

He pays monthly to payplan

 

The default has dropped off.

 

Regards

 

Matt

[dx100uk]

sar time to mbna

you've certainly got PPI there to reclaim

plus there might be penalty charges too.

 

 

you need every statement.

 

 

as this is from 2001/2 that PPI could be worth a pretty penny.

[AndyOrch]

they have included both relevant sets of T&C's

so I assume a default notice was issued around the time of the second set?

 

 

if so

what they have provided is enforceable.

 

 

when was his last payment/use

and what is the defaulted date from his credit file please?

 

 

dx

 

Not quite DX its a pre 2007 agreement...the above is an application and there are no prescribed terms within the the main body or signatory area...there would have had to have been a further executed agreement on way of issuance of the card.

[dx100uk]

that little word application hiding behind that date stamp

 

 

and I don't think pages 1 & 2 relate to each other either andy

well spotted

 

 

page 1 says instore botton right

page 2 [which should be the reverse of page 1

has a diff ref number too

 

 

don't think even if it were the correct application form they could use 'instore' forms in a service station urm...

 

 

dx

[Matt.]

Where do you suggest I go with this one now please ?

 

Regards

 

Matt

[dx100uk]

let it run

 

 

you did the SAR to MBNA?

 

 

dx

[Matt.]

I've not no, however will do so

[jackreacher]

I havent read the whole thread yet but. This may well fail on s64 the correct cancellation notice is not included and you spoke with a MBNA representative. Anticedent negotiations..I am sure Andy can help here.

 

I had one of mine stopped early on because, I had gone into a bank and spoken with a representative who helped fill in the form..I took it home for perusal and my better halfs consent and then mailed it in. Three was no correct cancellation notice included. I agreed with the DCA this was what I had originally signed.. The claim Discontinued before it got off the ground.

 

Also check the Application form and the terms and conditions have the same lender name.. Mbna..Mbna Europe etc.

 

If I had a clear copy very happy to spend an hour on these for mistakes. They look very iffy... That said spend an hour now and again on them yourself. ,