MBNA CCA Update - Advice wanted

hbslc

I haven't yet sent a letter to link, due to other priorities really. But it's def on the to do list for this week. Reason being is that the strength & regularity of their letters & calls has increased.

Their most recent letter suggests that they have made an enquiry under the land registration act 2002 and found that I'm recording as holding a beneficial interest in a property which can be used to enforce a ccj by way of a final charging order.

I presume this is just another pointless threatening letter, because they'd need to prove the debt to get a ccj which I'd need to default on before they apply for a final charging order.

But wouldn't mind knowing what others think?

Thanks

thechippy

Just another threatogram I expect.

Do you own a property?

If so, is the property in joint names, but the debt single?

hbslc

The property is in just my name and the mortgage company, and the debt is also just in my name.

Sparklyfairy

Hi hbslc...just wanted to add my experience with MBNA. They managed to get a ccj, redetermination to forthwith & interim charging order on my house in a matter of 6 weeks from start to finish - when they move, they don't mess about! That said, they did supply my valid CCA (trust me, I TRIED!) If you start to receive letters from their solicitors (they used Reston's for me) saying to offer a repayment to prevent a ccj - not cheap paper & properly signed by a human - then they probably will attempt a ccj. I also recv'd the papers saying that they can see I am a homeowner..MBNA are sharks BUT as they haven't provided you with a cca SURELY that would be your defence if you recv'd the ccj court paperwork...Hth, SF

thechippy

Sparkly is right.

Should they litigate, the lack of a cca can still be used as a complete defense.

They would need at least something to litigate, even if it's a recon cca.

hbslc

Thanks, but what's a recon cca?

hbslc

As an update I have recieved the normal threatograms from solicitors in the past but not for a few years now. The recent letters are all from LINK Financial. The latest suggests that this account has been sold to them, that I may be avoiding them, that the debt will be on my credit file for upto 6 years or until it's cleared. It then goes on to say that they may place my details with their Asset Investigation Department. This is something they suggested in June/July 2011 and probably a couple of times beforehand.

I CCA'd MBNA way back May 2008, and informed that that I won't speak to them by phone nor have I invited them to my doorstep etc... Shouldn't MBNA passed Link this information with my file? Should I forward it to Link? Should I write a letter to Link saying go away until I get a CCA. Or should I just keep ignoring them?

hbslc

** Bump ** Any advice appreciated?

endora

hbslc wrote: »

Thanks, but what's a recon cca?

A recon CCA is a reconstructed agreement, i.e. one that has been put together from various sources rather than copied from the original agreement.

The enforceability of recons is a minefield and it all depends on what they send and how it's challenged, etc. But from what I can see on this thread, MBNA never produced any kind of CCA, not even a recon...

It's not uncommon for MBNA not to be able to produce a CCA, the bought accounts from many sources and in many cases they never got the agreements so they just haven't got them.

If this CCA was requested in 2008 and so far none has been provided, there's every chance they just haven't got one. Without a CCA, the debt can't enforced either by MBNA or the new assignee.

nottoolate

normal rubbish from link. mbna just offload the accounts they know are lost causes. link will have got it with a load of others and are probably only now realising they have bought a pup

you can tell em its still unenforceable due to a lack of the cca i suppose. at least they would know you know then?