what should i do ??

carlos700

I am on a DMP with CCCS one of my creditors is MBNA and i must say they have been great with my plan from day one they froze intererst and charges straightaway and they were the only ones that i have never heard from until this week .
They want me to set a DD with them for an extra £5 per month if i dont they will sell my dept on and issue a default notice on my credit file .
I phoned CCCS and they said let them sell on the debt dont pay them anymore and i know i should not even be thinking about it but i am not sure what to do .I probely could pay them an extra £5 per so they wont put a default on my file ,what should i do ??

RAS

MBNA are renowned for this. If you do it, you are breaking the terms of your agreement with all the otehr creditors and they could kick off.

Have you demanded the CCA for this account?

carlos700

no i have not asked for the CCA could i phone them to ask or would i have to write ?

RAS

For preference NEVEr ring a creditor unless you record the call, or you have no evidence of the discussion.

Will find letter and post.

RAS

original CCA request letter to be send registered post with £1 postal order, so you can trace receipt of letter and cashing of payment.

Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

PRINT your name, do not sign

lxpeanut

I would write to them pointing out that you are on a DMP with CCCS as they have already agreed. Also that your paying what you can afford and it is split pro rata between your creditors. To be honest they will probably issue a default on your account anyway unless you are able to pay them off pretty quickly. I really wouldn't bother paying them anything more.

carlos700

thanks very much everyone but i am not really sure why i need to request a CCA i know its a credit agreement but if i didnt sign one ( i really cant remember if i did or not ) what does this mean for me ?

RAS

It means the debt is unenforceable in the courts. MBNA accounts opened before 2006 are often unenforceable.

You can use this to bargain with MBNA - no default or I stop paying altogether. Or you can stop paying and accept default.