MBNA default notice

Tobytuppence

I've recently had a default notice from MBNA saying they will will terminate the account etc - they say they MAY take court proceedings. Has anyone else had any experience with MBNA - will they sell the debt on or are they more likely to take me to court? Would the court likely set payments similar to the CCCS? I don't think I can stand any more worry - MBNA have been a nightmare from the start - it's been two years since I started my DMP with the CCCS.

Thanks for any help'/advance given :.)

RAS

Have you put in a CCA request for this account if it was taken out after April 2007.

Tobytuppence

Hi RAS, I've had this credit card for over ten years now - do you think they will pass this debt on??? Thanks

RAS

if they cannot produce the signed CCA and relevent documents or what they produce does not meet the legal requirementsm, then they cannot take legal action against you.

Given the age of the account and that it is MBNA you will have to be very unlucky for them to have the documents.

However, once they start legal action, you cannot use the CCA request and it costs more and takes longer, so get that CCA request off this weekend.

moneybuster

RAS wrote: »

if they cannot produce the signed CCA and relevent documents or what they produce does not meet the legal requirementsm, then they cannot take legal action against you.

Given the age of the account and that it is MBNA you will have to be very unlucky for them to have the documents.

However, once they start legal action, you cannot use the CCA request and it costs more and takes longer, so get that CCA request off this weekend.

is it better to send a CCA request forst then i have sent token payments to capital One should i send a CCA request as well

Regards Moneybuster

Tobytuppence

Thanks RAS I will get that sent off!!! So you think they are more likely to commence legal proceedings rather than sell the debt???? Thanks

RAS

Do not know, but if they do not have the CCA they cannot sell it either.

Tobytuppence

Thanks RAS - on last question before I must walk my dogs!!! If they go for the CCJ, would the court most likely go with the figure suggested by the CCCS - I really don't have any more cash to play with - I barely manage from one pay day to another. Thanks

RAS

Hi

if they try to go for a CCJ, they MUST produce the legally complaint CCA. I have seen one on here in the last two years and many that failed.

Then there is the little question of the default notice. If you check out posts by 10past6, you will discover that a lot are faulty.

So I will be very surprised if they ever get a CCJ against you, if they try.