Sue V MBNA Full and Final Settlement

Honeybee_2

as I recall, my old mbna debt (which was iro £2k) was sold onto First Credit who offered me a 50% full and final immediately

suewiththeblues

thanks guys i will wait for contact from the DCA

as a sidenote i posted the CCA request on 12th MArch to mbna and they wrote to me on 14th march to say the account was closed and sent to a dca - i should re-send the CCA to the DCA? am assuming they either got the cca request and on the same day sold the debt, or the letters simply crossed in the post.

suewiththeblues

in response to my CCA request from MBNA i received a compliments slip saying simply 'sorry for any inconvenience but we are unable to obtain a copy of your application'


therefore i will be sending them the 12+2 days letter

in the meantime the debt has been sold onto Apex credit management - i have written to them making a full and final settlement offer instead and await reply.

is this all ok so far? do apex negotiate in peoples experience?

suewiththeblues

bump - can anyone check this as am going to post tomorrow if poss!

oscar52

MBNA say they cant locate the agreemeent?

IS this an old A&L/Abbey Crecit card (or possibly HBOS)?

Very few of those agreements actually exist

suewiththeblues

it was an mbna loan

the word they wrote was 'application'

i am hesitant because maybe they couldnt obtain it cos they sold it on, and it wasnt in a letter, it was only a note scribbled on a compliment slip, and mbna are slippery at the best of times

GeorgeUK

Sue, if you have written to the DCA with a F&F offer, then this is perfectly alright. Hopefully they will know what you are talking about as MBNA seem to just be writing from a standard letter with no real idea about content.

Just because the debt has been sold on does not mean they shouldn't still have the legal documentation. If there is a CCA for this then you have paid your fee and should receive a copy of it. If there isn't then they did not have your permission to pass this debt on to a 3rd party which should mean that you should not have had the default. It almost sounds as though they are just trying to pass the problem on to someone else as they don't know how to deal with it. You are quite right to send the 12+2 day letter. They still have a legal obligation to fulfill.

suewiththeblues

thanks

they havent cashed the £1 cheque. i am happy to do a full and final with all the right conditions attached with anyone at this point!! but all this passing my file back and forth is doing my head in :mad::mad: Egg are beingjust as complicated!

suewiththeblues

sooo..... it continues, hadnt heard anything about this debt for ages. i sent CCA request to mbna in april i think it was and they wrote back saying they could not locate my 'application' then all went quiet i sent the CCA request ignored type letter to both mbna and apex ...still nothing.. i sent a further F&F offer to apex and to mbna....still nothing...then at the start of oct apex wrote to me again apologising for dealy and stating that mbna said they did not recieve my CCA request but that i could request it from apex. i did not respond to this as have been busy photocopying allllll the letters again to send to them again.... then the other day i get this nasty letter, guess i am just wondering where do i go with it now? the letter is the scariest one i have had yet!

Apex:

we have endeavoured to contact you on a number of occasions. you appear to have chosen not to deal with the matter and we now find ourselves with little alternative but to place your account into our litigation process. It is our intention to undertake appropriate checking and validation on your account before seeking an Order of the Court,:eek: directing you to pay monies. if that order is granted and you continue to refuse payment then we may seek to enforce the order through a warrant of execution :eek: should this be granted a court enforcement officer known as a bailiff :eek: will be authorised to visit your home in order to enforce the warrant. the bailif will then take an inventory of your possessions and may choose to levy goods. you may be asked to sign a walking possession order whereby you acknowledge the impounded goods are in possession of the bailif and unless a satisfactory payment plan is made the bailif may choose to remove goods etc bailif fees will be added to your debt. :eek:we regret the consideration of this action has become necessary howver you may still have time to avoid this process by contacting this office immediatly to discuss settlement.:eek::eek:

suewiththeblues

Would this be an appropriate response to send to them before they send the bailiffs in?

Thank you for your letter dated 26 November 2009. In response to the claim made by MBNA to your agent that they have not received any correspondence from me in relation to my request placed under the Consumer Credit Act 1974 I enclose the following documents:
1. A copy of my original CCA request posted on 12 March 2009 to MBNA and proof of postage.
2. A copy of their response sent 26 March 2009 which clearly does not comply with the requirements of the CCA (also sent by recorded delivery –proof can be supplied)
3. A copy of my response to MBNA sent 14 April 09 informing them that they had failed to respond to my request within legal deadlines and therefore the account was unenforceable by law (also sent by recorded delivery)
4. A copy of ‘account in dispute letter’ sent to Apex (and copied to MBNA) on 14 may 2009, as apex had contacted me saying the account had been passed to them (also sent by recorded delivery)
I enclosed copies, but as the account was purchased by yourselves I would expect that all correspondence and documents relating to this account are also in your possession and are in order.
I can clearly show that I continued to correspond with MBNA as well as Apex in relation to this matter up until 8th June 2009 and received no meaningful correspondence in return. I remain keen to resolve this issue and am willing to offer £333.64 in full and final settlement of this account provided I receive the following:
1. CLEARLY WRITTEN confirmation that this sum will be accepted by Apex in full and final settlement of this account (even if it would be registered as a partial settlement )
2. With a balance of £0.00 and confirmation that the outstanding balance will not be pursued by yourselves or by any other company in the future.

Payment can be issued within fourteen days of my receiving written confirmation of the above.