Cabot letter potential legal action.old MBNA debt

[B3rty]

I am trying to source MBNA credit card T&Cs from Jan 2003 or does anyone know when MBNA changed the charge for late payment/default from £20 to £25 ?

[rory32]

Thread moved to MBNA Forum where you are more likely to get a response.

[B3rty]

Still trying to find out when MBNA changed their penalty charges from £20- to £25?

[the main man]

B3rty,

 

From my records they changed sometime between March and August 03.

 

Don't know if anyone can narrow this down further?

[drowning in debt]

Have been going through statements and found that on May 2003 statement OH was charged £20 for a late payment fee. Can't help any further as he then started paying on time.

 

Hope this has narrowed it down a bit further for you. His card was taken out in Jan 03 but don't have any full T&C's for this time. Sorry.

[empowered]

I am trying to source MBNA credit card T&Cs from Jan 2003 or does anyone know when MBNA changed the charge for late payment/default from £20 to £25 ?

 

September 03 is the time they changed for me from £20 to £25! I should know as have just successfully got all charges back for both OH and myself on two cards and have looked back at the schedule I sent them - hope this helps. I have somewhere in my filing system all the T&Cs which they sent as part of the supposedly correct CCA - however none of them date from when I applied for the card but are retrospective. Shout if you need more help:D

[B3rty]

Hi

 

I haven't been here for a while and therefore a little out of touch with current practice. Thanks to the help of CAG I managed to win my battles with DCAs quite a few years ago.

 

I have an old credit card debt which is off my credit file and owned by Cabot and for 6/7 years have paid them a nominal amount each month.

 

They send the odd letter asking me to up the payment but I never respond as these are computer generated and I prefer to let sleeping dogs lay.

 

Just had one threatening potential legal action if I don't contact them. I just wondered if they every follow through or if this is best ignored.

 

They don't stand a cat in hells chance of a CCJ as its an old CCA agreement without prescribed terms, however, I do acknowledged the debt and I am making payments.

 

Just interested to know if anyone's had one these and whether they do follow up?

 

Thanks

 

B.

[dx100uk]

What's the debt about

[AndyOrch]

Thread moved to the appropriate forum until such time an actual claim form is received.

 

Regards

 

Andy

[B3rty]

Hi Andy

 

Thanks, I'm not too fussed about the claim as I've dealt with them before, albeit a few years ago and it was just a feeler to see if these letters get followed up so i could prepare myself.

 

I had the letter a couple of weeks ago and they put a 14 day deadline on it. The debts under £2k so I feel it may be just blustering to get me to call and agree a higher monthly payment.

 

The irony is I'm not really much better off than when we agreed it 6/7 years ago, so I could call them and go through the rigmaroll of the income and expenditure, its just that i dont see why I should.

 

B

[dx100uk]

So you are already paying then?

[B3rty]

Yes, I am not a won't pay just a can't pay.

[dx100uk]

God b3aty this is like pulling teeth

So what's the debt all about?

Have you already a thread?

[B3rty]

Sorry, I'm not being evasive.

 

It's an old MBNA CC debt that's now owned by Cabot, I have a copy of the original agreement which I obtained from MBNA about 10 years ago and there are no prescribed terms so it can't be enforced by the court.

 

I entered into an agreement to make payments and have made these for the last 6/7 years every month with out fail and ignore any correspondence from them to review, This letter is a little different because it gave me 14 days to call them or they would instruct a solicitor ( in-house paralegal I expect) to pursue the debt.

 

My question was to see if these letters lead anywhere or just fizzle out as most do. I am aware that once you reply or answer a call then it triggers you to the top of their " pester" list, however, if they push this across to their legal dept i may need help to compose a suitable letter.

 

B

[ericsbrother]

they can instruct a solicitor or they can instruct the firm's cat, it doesnt make a difference to the legality of it.

 

 

They are not threatening to take you to court at all but hope that you have read it as though they have and you fell for it.

leave things as they are

[dx100uk]

if it cant be enforced in court why are you blindly paying them?

 

 

if you've not sent cabot a CCA request

do so

put them to strict proof.