Ruby Vs Aktiv Kapital (MBNA)

[Curlyben]

Re: Ruby Vs Aktiv Kapital (MBNA)

Can you scan a copy of this application, please.

[Ruby]

Re: Ruby Vs Aktiv Kapital (MBNA)

Don't have scanner at home, will try and access one from somewhere.

If it helps:

Printed in box name and address.

Below 'I would like the following MBNA card' - gives us a box to tick

Below that Personal details ie. first name(s) homeowner yes/no
Time at present address and employment details/bank details.

In very small and illegible print Please issue an MBNA card to me. I confirm tha the information given is true and complete. I understand the conditions of approval. I will receive a Credit Card ???????/ any othe product you may ??? ofer in future. ?????????? I accept and agree to be bound by the MBNA Credit Card Conditions of ??(as set out overleaf and as amended from time to time). I understand that MBNA reserve the right to ??? . I authorise you to issue an additional MBNA card to the person named as an additional cardholder of my MBNA card account if applicable.

All the ? is illegible to me so I don't think scanning would be much use.

Below right hand corner is signature,date and above in small letters This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign only if you want to be ?????? by the terms.

Something in my bones tells me this is enforceable. Would appreciate your inpute CB. Prior to December last year I would have been more sure of things..

[Curlyben]

Re: Ruby Vs Aktiv Kapital (MBNA)

Is there any reference on this form to the attached T&C's and are they from the time you signed up ??

I really need a scan to be sure.

[Ruby]

Re: Ruby Vs Aktiv Kapital (MBNA)

Just got the magnifying glass out!! I accept and agree to be bound by the MBNA credit card conditions ???(as set out overleaf and as amended from time to time). The Terms and Conditions of Use barely legible (and I have good eyesight). Because of this there is no way of telling if they are from the time - 1996.

Will try and get a scanner so you can see the layout at least

[Curlyben]

Re: Ruby Vs Aktiv Kapital (MBNA)

Have a look at the default sums.If they are set at £12 then the T&C's are post April 2006 and in NO way relate to this "agreement" at all ..

[Ruby]

Re: Ruby Vs Aktiv Kapital (MBNA)

Another question - sorry...
£10K definately does not sound right. How do I get them to tell me what the original debt was and the charges they have imposed . SAR? Is there a standard letter I can use?

They way I thought I would word the letter would be:

'I hereby request a subject access request on the above account and to this end enclose a cheque for £10 to cover your costs.'

Sorry for all the questions

[MIKE770]

Re: Ruby Vs Aktiv Kapital (MBNA)

I just received an interesting letter from Activ. I wrote to them asking them to produce my CCA (the usual template letter).

Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter.

In order to obtain this, we will contact the original creditor, as we do wish to provide the information that you require, in accordance with the Consumer Credit Act 1974, in an effort to resolve this matter.

Whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

Nice letter, however am I not right in thinking that when they purchased the debt from MBNA in 2000 they should have received the CCA from MBNA then.
Would I be right in believing that Aktiv Kapital have no legal right to collecting money from me without the CCA? Also It is almost a month since I sent my original letter requesting the CCA.

Just a thought you quote 2000 the debt was bought, if so have you made any payments to them???

[Ruby]

Re: Ruby Vs Aktiv Kapital (MBNA)

A fee of £15 (variable) will be debited each time a required payment made by cheque of direct debit is returned unpaid.

A fee of £5 (variable)will be debited if your total monthly balance on the due date your statement is sent to you is over your credit limit or the total of cash advances shown on you statement is over any separate limit for cash advances

It definately is £5 not £15 which is odd.
------------------------------- merged -------------------------------
I have made £3200 to date. Got a letter about 12 months ago (still have it on file) that says they will write it off for £150 however at that time my mum was terminally ill and I had other things on my mind. Money is really tight right now so not in a position to offer anything to them not even £150.

[Ruby]

Re: Ruby Vs Aktiv Kapital (MBNA)

I have been a busy girl indeed!

I SAR'd AK and got a reply today. I have had two accounts with AK/MBNA one loan and a credit card.

With reqard to the credit card I wrote back to AK stating that their T & C's were completely illegible. I also stated that to date I have paid £xxxx therefore that is enough and they must now write off the account and notify the credit reference agencies.

With regard to the SAR'd paperwork received there were no legal documents enclosed at all. In a transcript of conversation between MNBA and AK, MNBA stated that the account was that old that AK were lucky to get the application form and that no other information was available.

I want to write back to AK stating that since they do not have any paperwork with regard to the loan they illegally took the money out of our account (by direct debit) and should therefore repay it and notify the credit reference agencies that the account is settled. AK did sent a seperate letter stating that they will not pursue this account any further, however I don't think that goes far enough.

Can anyone please give me an idea how to phrase the letter to them, especially regarding the notification to credit reference agencies?

[Ruby]

Re: Ruby Vs Aktiv Kapital (MBNA)

Has anyone had luck getting their money back from a DCA for an unenforceable debt, to which the DCA admits to and says they will not be chasing anymore?