72k in debt....I feel sick

moneymeltdown

the dreaded MBNA approx £16k

RAS

Soory

have not rad the whole thread. Have they sent you a proper CCA for this?

moneymeltdown

no CCA not for this MBNA account...

sorry I think I was posting about my AMEX problem on this thread too..that's another horrid mess (think RMA Resolve have sent a genuine CCA for the AMEX account... it's hard to tell really)

moneymeltdown

would like any advice on how to deal with this letter from Arrow

RAS

Ok

Do not want to get your hopes up too high, but MBNA have a reputation for not having proper CCAs, just things that say they are Consumer Credit Agreements.

Plainly you cannt pay this, so the starting point is to CCA them.

moneymeltdown

thankyou RAS for getting back to me so quickly-your advice is much appreciated.I will send the first CCA letter off tomorrow morning and see what happens.

as for the RMA Resolve (alleged) CCA that I have been sent...it certainly has my signature and looks correct..how do I challenge this one?

moneymeltdown

i received this letter from Marlin Financial Service a few days ago stating...

"we confirm that this debt relates to an NBMA (!) credit card account reference XXXX taken out in XXX 1999.

Please be aware that once a credit agreement has been terminated the obligation to provide a copy agreement in accordance with the Consumer Credit Act 1974 ceases to apply. There is therefore no penalty for our being unable to provide the copy credit agreement and,more particularly, the debt remains enforceable against you.

However, we have applied to Arrow Global for a copy of the Agreement and will contact you further if we are able to obtain this document."

Does anyone know what they mean? many thanks !;)

moneymeltdown

and also this letter from LINK Financial a few days ago too re a different credit card with MBNA...

"as you are aware LINK purchased your debt from MBNA on XXX and as such we do not always hold this documentation. We have requested a copy of this agreement and the most recent terms and conditions your account was operatedd under from MBNA and look forward to sending this to you in the near future. Please be advised that this can take up to 30 days to provide.

No admin charge has been applied to your acccount at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However,where cost is incurred by Link for the provision of any statements by the Vendor,we will pass these charges onto you."

what does this mean? does anyone know?

mallard

Hi Moneymeltdown

Firstly hugs...i do know how you feel having discovered an ex had put us 80k in debt! After the shock stuff just had to get on with it but it is tough!! Since then have learnt a lot about debt collection people and th tactics they use!

As for Link this is a standard letter from them - they are renowned for not following the rules and there are loads of people who have complained about them to TS, OFT and anyone else that will listen. The main thing is to keep copies of everything, used signed for delivery, dont speak by phone and throw things back when they don't follow the rules. There are threads here about Link and also on the Consumer Action Group (see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited.html). In the meantime (if you havent already) send them a letter stating the statuatory limits to produce the required agreement and then leave it up to them. They often write letters that are full of rubbish and appear to be threatening. In fact they sent me two last month with spelling, grammatical and legal errors so off goes another complaint to the OFT!

Good luck with this

Mallard

moneymeltdown

thankyou mallard! i thought it sounded like a load of rubbish when i opened the letters...i will send my 30 day letter next week and see what comes of that!