MBNA CCA Update - Advice wanted

hbslc

Thanks DarkConvict

So in reality I sit tight for 6 years then get the default / debt removed from my credit file.

DarkConvict

Pretty much.

Defaults last 6 years from the date it was placed on your file. So you need to check the date on your credit file to know how long to wait. Once the 6 years is up it will be gone. Once you are sure you have not paid or acknowledged the debt in writing then the debt is statute barred and you can send the statute barred template to stop them chasing you. Chasing a SB debt is unlawful harassment once the debtor has stated they will not pay it.

hbslc

I have just got my credit file from Experian and have noticed that any reference to MBNA has been removed. It was present in Jan 2010. Does this mean it's being removed and is no longer a debt?

GeorgeUK

I wouldn't count on it. The default would definately disappear 6 years from the date it was added - is it this old? It may be that the debt has been passed to another DCA and they are going to put their name on the default. There's no real way of telling why it has been taken off, but until the 6 years has passed, there is still the chance that it will be put back on.

hbslc

An update....

Recently, I've recieved 3 letters from Link:
1) A Notice of Application For Credit letter, dated 23/03/11 that was sent addressed to me at my parents address advising me that an application for credit has been made in my name but at a different address and asking me to contact them.
2) A Notice of Application For Credit letter, dated 23/03/11 that was sent addressed to me at my address advising me that an application for credit has been made in my name but at a different address and asking me to contact them.
I presume these letters are just fishing for me to respond.
3) A Sale of your Debt letter, dated 31/03/11 and sent to me at my address, advising me that MBNA sold my debt to Link on 19/06/08. Again I presume this is scaremongering and fishing for a response. MBNA notified me of this on 23/06/08.

In addition, Link have been sending regular statements.

BUT, I haven't yet recieved the CCA, haven't paid anything since I disputed the debt and have always stated in correspondence that I dispute the debt, and MBNA shouldn't have sold the debt on whilst it was disputed.

Question is what next? Do I write back stating I acknowledge no debt and am awaiting a CCA? Do I ignore this? Do I raise a complaint with OFT?

Thanks

Gordon_Hose

Ignore those letters, they're just phising at the moment.

It does beg the question though, why do these companies insist on hounding people via phone and mail for years and years, and not just try twice then take it to court for a judgement?! Something tells me that they'll struggle to enforce it, which may mean they don't have the correct paperwork to enforce it, hence why you haven't had a response to your CCA request.

How old is the debt?

hbslc

Thx GordonHose, was just checking my thinking. It's an old debt, rapidly approaching 3 years since MBNA sold it to Link.

hbslc

Link have recently increased the number of phone calls they make to me, and letters they send me. Is this them just being a DCA, or has something changed recently with their MBNA accounts? Have MBNA suddenly found their CCAs?

nottoolate

link and mbna have been stuffed several times in court recent.

so i think they are just getting more and more desperate and hope the letters will work

hbslc

Thanks nottoolate. I'll send a letter advising that I've already told them not to contact me by phone and am waiting for a copy of my CCA.