MBNA sold to AK

DoodleBug_3 · 24 October 2013 at 3:55PM

Hi

Hope this is right place to post.

A few months ago MBNA sold my debt of £800 to AK.
I was paying MBNA £10 a month, as I am in receipt of ESA benefit.
MBNA said they would no longer support this arrangement so sold the debt.

A letter from AK landed on the mat with no supporting paperwork, just to say they had bought the debt and please choose which colour coded payment scheme worked for me.
Non of them did as they set a far to high a repayment for me to commit to.

Trying to get an answer from AK was almost impossible so I asked them to prove they owned the debt - this was ALL some 3 months ago.
Today I have just received a stack of paperwork (most of it the paperwork I paid MBNA £10 for some weeks ago SAR) plus the signed credit card agreement (photo copy).
I have a feeling AK were not in receipt of this when they originally contacted me and said they had bought the debt owing to the time delay in replying to me.

Anyway, what are my options.
AK are looking for a quick pay settlement which I cannot meet.
I live alone and get less than £100 a week, so there is NO way I can offer more than the original £10 a month.

Can and will they take me to court, turn up on my doorstep - what.
I am worried as like I say I live alone and have no one to turn to or ask for help.

Hope this makes sense.
All my letters to AK have been sent recorded and they have not worked within any of the time scales I believe that are set down (or so I was led to believe).

rizla_king · 24 October 2013 at 4:06PM

Just pay what you can afford and no more. There is no negotiation here. If they want more, then tough !!!!!!. No one will turn up. If they do tell them to get lost. If the morons go to court they will get no more than the £10.

happy_bunny_2 · 24 October 2013 at 7:43PM

When did you take out the account?

Might be worth getting the CCA checked out if pre April 2007. Just cos it's signed don't mean its enforceable.

DoodleBug_3 · 24 October 2013 at 9:06PM

2009!:(

I am not looking to not meet my debt; it is just my finances have altered along with my health, and I cannot pay any more than £10 a month, even that stretches it.

I am going to write to AK (again) telling them this is all I have.
The trouble is they never commit in writing, they keep ringing and ringing (I have stated NO calls as I will not speak over the phone) - I want written confirmation about anything that gets discussed.
Plus my illness makes me nervous on the phone.
They will not even reply to emails, everything has to go recorded so I can check they received it.
It just makes it a harder battle when I could do without it.

Can they take me to court that is what worries me - or start threatening me.

[Deleted User] · 24 October 2013 at 9:18PM

get the debt below £750 so they can't petition for your bankruptcy and then tell them you will offer £1 per week. In your present financial circumstances, even if they got a ccj against you, no court would make you pay more while you are esa. AK know that: don't let these creeps bully you, stand firm. You are in a much stronger negotiating position while unemployed than if you were employed.

DoodleBug_3 · 24 October 2013 at 9:35PM

Deleted User wrote: »

get the debt below £750 so they can't petition for your bankruptcy and then tell them you will offer £1 per week. In your present financial circumstances, even if they got a ccj against you, no court would make you pay more while you are esa. AK know that: don't let these creeps bully you, stand firm. You are in a much stronger negotiating position while unemployed than if you were employed.

As I am 58 with a catalogue of ailments, then there is little chance of me working again.
I have no savings, a little money in my house but that is all.
I am worried that the courts could make me sell as that is the only way I could up the payment.

I am trying very hard to stand firm, and prepared to say there is NO more money in the pot (as that is the truth).
I have never ignored letters, even when the debt was still with MBNA I was always honest I never hid letters, or buried my head in the sand.
They just do not seem to care.

happy_bunny_2 · 25 October 2013 at 6:41AM

If the CCA is not up to scratch, that is a defence in court. Even if you intend to pay, as you do, it's good to know what they can and can't do as they will lie and tell you they can do all sorts, especially on the phone.

As for not dealing in writing, I've had this a few times.

Best way to get their attention is via a written complaint. State you need a copy of everything for your records and will only deal in writing and that you wish them to confirm this is acceptable. Mention your illness makes you nervous on the phone and you feel pressured into agreeing what you cannot realistically afford.

If they won't agree, refer to FOS as entitled.

They only care about getting money, they only print the we are here to help leaflets because the have to.

wiseshark · 25 October 2013 at 7:43AM

rizla_king wrote: »

Just pay what you can afford and no more. There is no negotiation here. If they want more, then tough !!!!!!. No one will turn up. If they do tell them to get lost. If the morons go to court they will get no more than the £10.

Very succinct.:T:j:rotfl:

DoodleBug_3 · 25 October 2013 at 8:24AM

happy_bunny wrote: »

If the CCA is not up to scratch, that is a defence in court. Even if you intend to pay, as you do, it's good to know what they can and can't do as they will lie and tell you they can do all sorts, especially on the phone.

As for not dealing in writing, I've had this a few times.

Best way to get their attention is via a written complaint. State you need a copy of everything for your records and will only deal in writing and that you wish them to confirm this is acceptable. Mention your illness makes you nervous on the phone and you feel pressured into agreeing what you cannot realistically afford.

If they won't agree, refer to FOS as entitled.

They only care about getting money, they only print the we are here to help leaflets because the have to.

Can you please tell me what the CCA should include.
I asked for this sent the £1 and received some papers yesterday.
All I have are one years worth of my payment print outs plus a copy of the original agreement I signed when I took out the card with MBNA.
Nothing else is this is all I am entitled to under the CCA section 77-78-79.

This tells me nothing I did not know so I am lost as to understand how this helps me.

Thanks I am learning and much appreciate all the wise words.

rizla_king · 25 October 2013 at 9:10AM

Google prescribes terms https://www.google.co.uk/#q=cca+prescribed+terms

sourcrates · 25 October 2013 at 5:26PM

Hi, for starters "these people" will not turn up on your doorstep, and if they do, tell then to "go away" in no uncertain terms, they have no more power than you or I do, I assume they have now bought your debt, if so they become the creditor by default, as a general rule of thumb, debts of less than £5000 are rarely taken to court, but it could happen, you have to think of this as a dance, all the moves are designed to get as much money from you as possible, there weapons of choice are letters and phone calls, and each account is allocated an agents time in order of the value of the debt, you are probably way down the list in this respect, just pay £1 a week if its all you can afford, they will rant and rage that its not enough but in the end they will accept it, as they have no choice, after a while all will go quiet and they will move on to the next target, the only problem is they will eventually get sick of only collecting a pound a week and may sell your debt on to another DCA and the dance will start all over again, that's how these companies work, small debts very rarely go to court they get sold on to various DCA`s who try to collect on them, so I wouldn't pay much attention to those threats of court action.