MBNA Debt (ex VIRGIN Money credit card)

KernowGreen · 12 June 2017 at 9:36AM

Hi, New here but looks like some great advice going around so thought I'd ask for some help.

I have a debt of just under £9k with MBNA Credit Card and struggling to pay. Originally this was a Virgin Money card which got transferred to MBNA a few years ago but I can't remember exactly when.

I have read about asking for the CCA and have some questions about that.

1. If they cannot provide the CCA then does this mean I don't have to pay the debt off?
2. If that is the case will they still call/write etc hassling for payment?
3. If they do have it then presumably my asking for it using the template from the National Debtline wont stand against me when trying to make an arrangement with them?

Sorry if these are obvious questions but I'm not in the best of health and can't immediately find these answers on the search.

Thanks in advance!
Simon

National_Debtline · 12 June 2017 at 9:59AM

Hi Simon and welcome to MSE,

The CCA request only requires the creditor to send you a 'true copy' of the original agreement, this doesn't need to have your signature on it and as long as they can provide an accurate representation of what you would've signed, that would satisfy this request. This request shouldn't cause any issues in future negotiations, so don't worry about that.

If they can't provide satisfy this request then all enforcement action should be put on hold until they can, and that includes calls and letters. Failure to provide this information on the creditors behalf, doesn't mean the debt is written off, and it can still affect your credit file. But the issue is, whether or not they can take you to court over the debt. Unfortunately, it is quite rare that a credit card agreement was improperly executed, but if you have concerns, you can make this request. Hope that helps,

Laura
@natdebtline

sourcrates · 12 June 2017 at 10:49AM

Actually i have to disagree with Laura in one respect.

A lot of credit card accounts were improperly executed in the past simply because the creditor was negligent in the upkeep of its records.

Companies with agreements only a few years old, could not comply with a sec 77/79 request, as they could not find any information on the debt or debtor.

At the moment on the DMP board, a lot of regular posters are going through the process of doing CCA requests, some to 10 creditors or more, now some of these accounts are up to 8/9 years old, granted, but so far around half are unable to comply.

So in my opinion, its always worth doing, because if they cant comply, it does strengthen your hand somewhat.

KernowGreen · 12 June 2017 at 11:39AM

Thanks for the answers both.

I'm not trying to shirk the debt - I understand that I need to pay but I am interested in anything which strengthens my hand as you say.

I will request CCA.

fatbelly · 12 June 2017 at 5:14PM

You also ask if requesting it 'wont stand against me when trying to make an arrangement with them?'

Everyone has a right under the Consumer Credit Act, to request a copy of their agreement on payment of £1.

No-one can treat you less favourably for exercising a statutory right.

MBNA Debt (ex VIRGIN Money credit card)

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