desperately seeking help - MBNA

weedief

I am in the process of asking for my CCA with MBNA but have still received debt collection letters from them that i've ignored in the meantime.

The 12+2 days deadline went past and the 30 deadline is due on 15th August. I received a letter today from them saying
A default is due to register for six years on your credit file in the next few days in relation to the above account. This will seriously affect your ability to gain ANY form of credit in the future.

When the Default is registered, the balance on your account will be Sold to a Third Party.

Also I received a call from them today and they say they sent out my CCA on 12th July so as far as they're concerned they've fufulled their obligations and they I can request the case notes to prove it. Further to that they have offered me a deal to pay 40% of my balance and they will write off the rest if I pay the 40% within 3 months.

This actually sounds like an OK deal but I'm thinking I should persevere with the CCA thing but I'm worried that they are saying that I will go into default because they've done what I asked.

Could someone please help.

broadpaws

if you are able to come to an agreement they will not default your arrangement, a lot of the letters that they send are automated, IF you come to an arrangement GET it in writing BEFORE you make any payments. Also say to the advisor (get their name) and offer them a smaller percentage - IE 40% now if you can do it and 30% over 5 months - AGAIN get it in writing before making any payments! I am pretty hopeful that they will offer you a better deal.

weedief

I got the guy's name I spoke to tonight and he said 40% over 3 months is a deal they can offer. To do that I would need to give him details of my outgoings and disposable income etc and I can do that over the phone.

Do you think really think there's a chance I could get that 40% dropped lower?

GeorgeUK

It may depend on the amount outstanding, but unless you've received anything in writing and it is a FULL AND FINAL offer then do not send any money. Often they try to come to an greement on the phone and write making an offer - but a partial offer so the remaining debt would still be outstanding.

If you sent the template letters from here
http://forums.moneysavingexpert.com/showthread.html?t=963087
then you have already withdrawn your permission for them to share your details with anyone else - including the credit reference agencies. If they have sent a copy of the credit agreement they should be able to provide proof that this was sent. Do they have a reference number from the royal mail or anything? If not they should send it again.

After 12+2 days, the debt became unenforcable as they have not bee nable to prove that the debt is yours by producing a copy of the CCA.

Have you sent both letters so far? Original request & 12+2 letter? After this there is a 12+2+30 letter you can send. If they continue to discuss this over the phone insist that they have not fulfilled their legal obligation as you have still not received a true signed copy of the CCA.

weedief

GeorgeUK wrote: »

Have you sent both letters so far? Original request & 12+2 letter? After this there is a 12+2+30 letter you can send. If they continue to discuss this over the phone insist that they have not fulfilled their legal obligation as you have still not received a true signed copy of the CCA.

I have sent these two letters, my deadline for the second (the 12+2+30) is on 15th August. Today is the first day i have spoken to them and they offered me this 40% of my final balance to clear my account. They claim they have sent me my CCA so I asked them to send it again. I thought the offer was good but now i'm thinking that I'm getting this offer because they don't have the CCA. I'm just worried about this letter saying they are going to put me into default but they can't do that either can they?