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  • MBNA phoned and explained I was 4 month behind. I said they had failed to provide a legitimate CCA and therefore the debt wasnt enforceable

    The lady asked me if I spent the money...at which point I said if not I would have a zero balance

    she went on to say the debt was legally enforecable and they would initiate legal proceedings

    I thanked her

    My hubby said I shouldnt have even agreed I spent the money but should have said to contact me in writing....

    anyway - what dyou think they will do now?

    Thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    MBNA phoned and explained I was 4 month behind. I said they had failed to provide a legitimate CCA and therefore the debt wasnt enforceable

    The lady asked me if I spent the money...at which point I said if not I would have a zero balance

    she went on to say the debt was legally enforecable and they would initiate legal proceedings

    I thanked her

    My hubby said I shouldnt have even agreed I spent the money but should have said to contact me in writing....

    anyway - what dyou think they will do now?

    Thanks

    She's talking !!!!!! and if they try and use it against you then you'd reverse it and have them reprimanded for false and scary [STRIKE]lies[/STRIKE] tactics!!

    Seriously though, just stop speaking to them - when they ring you, and say it is MBNA they must go through security - fail it!

    When they ask for your date of birth, just say "you tell me" - for instance! If they discuss the account without going through security then you must interrupt and tell them you're recording the call and that you'll send a copy to the ICO... play with them, but do not pass security and do not get into a habit of speaking to them!

    For the time being, do nothing - they won't either! The fact you spent on the account means sod all - cheeky sods, they know nothing! :rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • elsie52
    elsie52 Posts: 1,902 Forumite
    Hi,

    I'm not sure that you should have said that, but maybe someone will be able to say for definite. I don't talk to any of my creditors.....if they want to discuss anything they can put in in writing. I will always be concerned that I may something that I shouldn't, so the safer way is a letter.


    June 2010 - 11/56 lbs Weight to lose before May 2011.

  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    elsie52 wrote: »
    Hi,

    I'm not sure that you should have said that, but maybe someone will be able to say for definite. I don't talk to any of my creditors.....if they want to discuss anything they can put in in writing. I will always be concerned that I may something that I shouldn't, so the safer way is a letter.

    It doesns't matter what you say verbally, they cannot use it against you and it is not acknowledgement of debt either! Seriously, this is one thing not to worry about!

    Have a laugh, see this thread here - you'll love it: Having fun with Debitas

    Some good idea's of what to say to DCA's.... :rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • elsie52
    elsie52 Posts: 1,902 Forumite
    Thanks Niddy, I have subscribed to that thread, I've only read the first page and its brilliant. Can't wait to try some out on some poor unsuspecting creditor.!!


    June 2010 - 11/56 lbs Weight to lose before May 2011.

  • thank you - thats very reassuring

    what do you think their next step will be

    - more phone calls where they talk rubbish?
    - sell to 3rd party
    - charging order application on property

    etc etc?

    thanks again
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    thank you - thats very reassuring

    what do you think their next step will be

    - more phone calls where they talk rubbish? yes - probably
    - sell to 3rd party - yes - probably at some point
    - charging order application on property - Nope very unlikely, its also really easy to stop if they try this

    etc etc?

    thanks again

    See red above.......
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • hi, received another Notice of sum of arrears on another account in post today

    still ignoring

    thanks
  • Hi, I received the following later today - dated 20th June!

    Dear xxx

    MBNA has instructed u to contact you urgently regarding the arrears on the account.

    I refer to the Arrangement / Debt Management Porgramme which was set up by MBNA

    You have not been maintaining the required paments in line with MBNA original letter and payment is now overdue. . failure to bring your account up to date may result in the registration of a Default at the Credit Reference agencies abd eventuql termination of the programme

    if this happens, it would mean for the net 6 years.....

    ITS NOT TOO LATE TO STOP THIS HAPPENING

    Call us now on xxxxx...........

    please contact one of our account managers......

    Yours sincerely,

    Another one to ignore?

    Thanks
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Another one to ignore?

    Thanks

    Yep or send this back them: Refusal by Lender/DCA - to accept Unenforceability
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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