MBNA letter before action - help needed

[Trixie Pixie]

Hi,

I have been fighting my debts, to which I have quite a few for a while now but am still trying to get to grips with what I need to be sending, doing and how to sort out the problem of getting more time in order to stop this debt getting to the 'Court Papers' point.

Quick background on this:

MBNA £20k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12
Told it is Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

Not quick sure of what I should do next? I know I need to reply in order to stop any proceedings and I think due to being EN I need to set up a payment plan?

My history: I was working until I became very ill and was no longer able to do very much never mind work. I was paying this debt until a few months before they defaulted me when I had to write to them to explain my situation and offered a £1pm. This money was stopped when I sent off for my CCA and no payments have been made since due to my health deterioration and money being very tight.

[Bill-K]

Re: MBNA letter before action - help needed

Were you sent a Default Notice by MBNA?
Were you given a true copy of the agreement, with T&C's, AND a current statement of account Trixie ?

If no to either, then you may be able to buy some time, Trixie. But defaults and CCA are not my area, so this would need better advice than mine.

Do you know if you had any PPI on the MBNA account(s) ?

[Trixie Pixie]

Re: MBNA letter before action - help needed

Were you sent a Default Notice by MBNA?
Were you given a true copy of the agreement, with T&C's, AND a current statement of account Trixie ?

If no to either, then you may be able to buy some time, Trixie. But defaults and CCA are not my area, so this would need better advice than mine.

Do you know if you had any PPI on the MBNA account(s) ?

I was sent the default and CCA by MBNA in this case. (I have another MBNA card that I will do on a separate page that is in the same position of court action)

I requested my CCA (included T&C, Statements, etc and checked for enforceability and it is EN, so I have been told) just before MBNA sold the company to Britannica S.A.R.L Mortlake (Moorgate).

I have tried all the UE routine letters and they have now after months of letters back and forth decided on court action!

No PPI

[Trixie Pixie]

Re: MBNA letter before action - help needed

I do not want to confuse the issue but I have 2 together, both MBNA that are being dealt with by the same company and have threatened court action together.

I had a VIRGIN CC (which is MBNA) The above is the VIRGIN CC which MBNA basically own.

I have another MBNA CC which they have put on the letter together with the above which isa little bit different than the one above.

MBNA £6k
defaulted may 2011
bought by Britannica S.A.R.L Mortlake (Moorgate)
Passed to Arden Credit
CCA request sent Jan 12, received back Feb 12 - Further CCA sent by MOORGATE June 12 which is different to the first CCA
Told both are Enforceable.
Now at Earlswood & Co Solicitors - given 7 days before action.

[winner12]

Re: MBNA letter before action - help needed

Can I ask when these cards were taken out originally and who told you they are enforcesable

[Guest]

Re: MBNA letter before action - help needed

Hi Trixie

Note to self. read previous posts before posting

D

[Trixie Pixie]

Re: MBNA letter before action - help needed

Can I ask when these cards were taken out originally and who told you they are enforcesable

Hi Winner,

MBNA (£6k) - Taken out 2000
Virgin MBNA (£20k) - 2005

Another site told me that they where EN.

[winner12]

Re: MBNA letter before action - help needed

Its a grey area with EN I`m afraid but did the DCA send the CCA info

[Trixie Pixie]

Re: MBNA letter before action - help needed

Its a grey area with EN I`m afraid but did the DCA send the CCA info

MBNA sent the CCA information for both accounts but then for the second CCA I received for the MBNA £6k was sent by Moorgate.

[winner12]

Re: MBNA letter before action - help needed

I got a CCA from Cap 1 but it was a recon copy but they messed me about passing from 1 DCA to another did not have a clue who to pay
even though I wanted to pay they never accepted my payments the last I heard the DCA had given up and passed it back to Cap 1 still waiting
for them to get in touch
The upshot being have they said they are taking you to court or may be they will or may be they might do this or that
DCA are very good at scare tactics and have they sold on the debts the assignment could be for collection only
if as I suspect your like me and not fully up on what these letters say someone on here will be able to help you with your next move its a brilliant site for that

[Trixie Pixie]

Re: MBNA letter before action - help needed

I got a CCA from Cap 1 but it was a recon copy but they messed me about passing from 1 DCA to another did not have a clue who to pay
even though I wanted to pay they never accepted my payments the last I heard the DCA had given up and passed it back to Cap 1 still waiting
for them to get in touch
The upshot being have they said they are taking you to court or may be they will or may be they might do this or that
DCA are very good at scare tactics and have they sold on the debts the assignment could be for collection only
if as I suspect your like me and not fully up on what these letters say someone on here will be able to help you with your next move its a brilliant site for that

I have had the DCA of Arden and has not been passed to anyone else until now which is a letter from a solicitor which says that I have 7 days to get in touch and pay or they will issue court proceedings. Its not a letter from a DCA.

I have got quite a few other debts that have been passed back and forth including Cap 1 which I am managing as its good news for me if they keep getting passed around but MBNA have now decided they will not put up with this debt being unpaid and have involved solicitors to recover the monies owed. I just do not know what to do next? I obviously need to write to them and try and get in before the 7 days is up (on Thursday) and come up with something.

[winner12]

Re: MBNA letter before action - help needed

The Solicitors are in house with Arden and are part of the Paragon group which prob have links with MBNA I read they bought debts from them
I think you may need some advice from someone else on here but have you tried to get in touch with Arden making an offer of what you can afford
its not as cut and dried for them now to ignore you a lot of letter ping pong springs to mind
My MBNA debt is with Arrow at present and I have reduced my payment to a £1
You need help with income and expenditure I think if you really want to tackle this debt

[Trixie Pixie]

Re: MBNA letter before action - help needed

The Solicitors are in house with Arden and are part of the Paragon group which prob have links with MBNA I read they bought debts from them
I think you may need some advice from someone else on here but have you tried to get in touch with Arden making an offer of what you can afford
its not as cut and dried for them now to ignore you a lot of letter ping pong springs to mind
My MBNA debt is with Arrow at present and I have reduced my payment to a £1
You need help with income and expenditure I think if you really want to tackle this debt

That's what I was thinking as previously before I applied for the CCA and was advised to stop any payments until the CCA came back I was paying MBNA £1pm for each debt. I did have another debt which was taken to court but luckily it wasn't of great value and I did a F&F settlement. I am just wondering if they would take the small amount of £1pm as it is such a large debt? As in total its £26k which is not going to be paid off in my lifetime at £1pm.

Maybe if I offer that now just to stop any proceedings I can then change the amount later if I manage to improve my health conditions or when the economy picks up and there is a little bit more money around.. My only concern with doing it this way is that they can sell my debt on at any point to another DCA who wont accept the small amount. That's me just looking ahead and maybe I should just look at here and now ! :tinysmile_aha_t: Thank you for helping me, I really appreciate it

[Trixie Pixie]

Re: MBNA letter before action - help needed

Should I make the offer to the Solicitor, DCA Arden or direct to Moorgate (Britannica S.A.R.L)?

[winner12]

Re: MBNA letter before action - help needed

If I were you I would write to Arden stating you were paying £1 a month as agreed with MBNA and you will be paying the same to them if they then take you to court and its all you can afford the judge wont make you pay any more
I did this to Cabot they were fine until I reduced my payment so in theory Im the same as you we are now arguing over the validity of the account long story but I have just put the account in dispute and am awaiting there next move
Lowell were another set of muppets waiting on there response so you can never tell what they will do lots of threats when most cannot be upheld in a court of law
So its really up to you what you do next I have not yet got to court with any of mine Im on a self managed DMP it works most of the time but I have stopped sending Income and expenditure forms as my situation is not that simple so good luck with what ever you decide to do and lets us know how you get on