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unenforceable credit card agreememnts

hi all im a newbie on here & would like some advice if possible, ive got a mbna credit card which im currently in dispute over,ive asked for my credit agreements etc using a template i down loaded off the net,mbna never replied so i duely stopped paying the account,phone call after phone call letter after letter demanding money from me,mbna have now sent me a letter saying that the account is about to go into default as i havent paid the account in over six months & theyre going to issue a default on my credit file,& are going to pursue several recovery actions ie debt collection agencies,or make me remorgage my home,suely they have to send me to court before a debt collection agency can chase the debt & the debt is also unsecured so its not connected to my property,is this just a standard threatening letter & i should do nothing & wait till it goes to court or should i contact mbna??? advice please a worried newbie cheers
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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    They can in theory sell the debt to a DCA at anytime (although not if it is in dispute, as in your case it would appear to be)

    Yes they would have to go to court for any hope of getting the debt secured on your home.

    I imagine you should write acknowledging the letter and reminding them have still not supplied your credit agreement.

    Do you know if they banked the payment you sent with the CCA request?

    The implication of stopping paying the debt is that they will default you. Might be worth a read of this thread and to ask questions there - http://forums.moneysavingexpert.com/showthread.html?t=2060575
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • hi i did send a cheque,but that was in june time & i cant recall seeing it been cashed on my bank statements,i will right to them stating that theyre in default,i read somewhere that if they cant produce the cca that they have failed to meet section 78 of the consumer credit act & by law cant demand payments,also what rights does a debt collector have? is a debt collector from a debt collection agency same as a baliff?
  • MBNA are not a company with any regard for anything but themselves - that includes threaening telephone call etc. They cannot go for your property = all they can do is harrass

    What they will do I'm afraid is mark you down as defaulting. I can assure MBNA do not respond very quickly to request for these credit agreements and in the long run they will 'blackball' you whether your aggreement is enforcable or unenforcable.
    If it is enforcable they will not make life easy for you. I think that the best way is to ask them directly if it is enforcable (tell them what you have heard- and ask to clarify -- you never know you may be able to negotiate a hold on your account ) and if it turns out enforcable they haven't wrecked your credit file.

    I've learnt from bad experience with the CCA enforceability claims. My view is that there is a relatively low chance of it being unenforcable. The real winners re the lawyers and companies such as EQUICAPITA (Manchester) who produce sales pitches in the hope of the you giving them 300 pounds to take up the case - this allows the lawyers to open a policy in your name to cover costs. EQUICAPITA Then pocket the money and the lawyers tot up several thousand pounds from this new cash cow.
    Any way good luck but don't put any faith in lawyers.
  • if mbna "blackball" me like you say & put a default on my credit file & the account turns out to be unenforceable the default can be removed? or is that easier said than done,should i offer mbna a minimum payment on the account each month to stop it going into default,but continue to fight against the cca?
  • soupedup wrote: »
    MBNA are not a company with any regard for anything but themselves - that includes threaening telephone call etc. They cannot go for your property = all they can do is harrass

    What they will do I'm afraid is mark you down as defaulting. I can assure MBNA do not respond very quickly to request for these credit agreements and in the long run they will 'blackball' you whether your aggreement is enforcable or unenforcable.
    If it is enforcable they will not make life easy for you. I think that the best way is to ask them directly if it is enforcable (tell them what you have heard- and ask to clarify -- you never know you may be able to negotiate a hold on your account ) and if it turns out enforcable they haven't wrecked your credit file.

    I've learnt from bad experience with the CCA enforceability claims. My view is that there is a relatively low chance of it being unenforcable. The real winners re the lawyers and companies such as EQUICAPITA (Manchester) who produce sales pitches in the hope of the you giving them 300 pounds to take up the case - this allows the lawyers to open a policy in your name to cover costs. EQUICAPITA Then pocket the money and the lawyers tot up several thousand pounds from this new cash cow.
    Any way good luck but don't put any faith in lawyers.

    I don't believe that is the right advise, all your communication with MBNA should be in writing, it is evident that MBNA will say that the agreement is enforceable, no doubt about it. You credit file is probably badly damaged now for the next 6 years. Default is generally registered after 5 missed payments. What is likely to happen now is that a DCA will now try to collect the debt on behalf of MBNA
  • ~Brock~
    ~Brock~ Posts: 1,714 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Why are you in dispute with them?
  • Tobynush29
    You have nothing to worry about !!! Stick to your guns....:D:D
    Your credit provider can do nothing without the origional credit agreement to show to a court.
    Sure they can harrass and threaten you with everything under the sun!!!
    After the recent test cases in the Manchester high court things were made a lot clearer as to what they were and were not allowed to do.
    You will be issued with a default for non payment but the bottom line still remains the same- without the origional agreement a court can not enforce the agreement:beer:
    Try posting Never in Doubt , he's the expert on this and has all the template letters you will need.
    Good luck
  • Mbna will accept a short settlement, I got 80% of my cards balance written off
  • thanks guys 4 the advice.going to start and play them at thier own game,going start with informing them i will only respond via written communication,and that im reporting them to the OFT for the constant phone calls.also contacted my bank,the cheque has never been cashed!
  • Be very careful of what you see from mufc689908 more often than not it is malicious nonsense.

    MBNA are not a principled company and the boundaries of criminal activity from their activies is quite vague.

    I want to be clear with you I terms of offering you advice.

    I assure you they will demand 90-95% of the payment to settle (so 80% is myth) unless of course that MUFC68..works for MBNA and has been given this discount.

    In REALITY They will affect your credit score even if they tell you otherwise - and it will stay on for 5 years.

    Do not trust them (or spiv posters)
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