Mbna Default ?????

[thephoenix]

Re: Mbna Default ?????

don't know them personally, speak to Bill first, he deals with claims once you issue court proceedings BUT he is very friendly and will push Colin to the SAR.
Colin deals with claims before court action including SAR requests, i think.
As for the info you have requested, i think 40 days is ample to print off your data and anyway, that there problem not yours

If Bill realises that the default was registered in error, that ' IF ' he will be very accommodating with your SAR request. I wouldn't go into to much detail regarding the default, just that you will be looking into it.

Do you know if there are many charges on the account?
Have you requested all data from inception of account? (1996)
Can I also ask, is there an outstanding balance on the account? and what do you want from all of this?
You don't have to answer if it's to personal.

[TUTTSI]

Re: Mbna Default ?????

don't know them personally, speak to Bill first, he deals with claims once you issue court proceedings BUT he is very friendly and will push Colin to the SAR.
Colin deals with claims before court action including SAR requests, i think.
As for the info you have requested, i think 40 days is ample to print off your data and anyway, that there problem not yours

If Bill realises that the default was registered in error, that ' IF ' he will be very accommodating with your SAR request. I wouldn't go into to much detail regarding the default, just that you will be looking into it.

Do you know if there are many charges on the account?
Have you requested all data from inception of account? (1996) Yes I believe he did, and all information relating to him, it was a very very long SAR request they have a lot to do, to provide this info.
Can I also ask, is there an outstanding balance on the account? and what do you want from all of this?
You don't have to answer if it's to personal.

There are some charges of late (excuse the pun) because of hubby having been unwell during the last 3/4 months with 2 major eye ops, he had not been able to work, hence why he had fallen behind with these payments and other payments during the summer.

He had sucessfully, reclaimed most of his charges at the beginning of this year and they credited this to the account at that time it was arround £2k, I am sure that there will be some more which he will be able to re-claim.

Yes there is an outstanding balance on the account of about £3K

When he issued the SAR and CCA, all he wanted was just some breathing space whilst he was making a recovery and wanted to avoid being defaulted, sadly this did not happen.

Now, it transpires from the documentation that has been received that in all honesty that they do not have a true signed copy of the CCA and there is a great possibility that one does not exist. In this instance they will now not be able to recover from him any further monies ( the balance), the default will have to be removed and all the remaining charges will have to be refunded + interest on compounded rate!! possibly, and maybe compensation for the agrevation!!

As you say we will need to be totally sure of his ground before any court action is taken, but as sure as eggs are eggs, don't you think if they had a case to answer they would have already taken him to court.

DS

[Birdie]

Re: Mbna Default ?????

Hi Tuttsi

Do you have any update on your OH's MBNA credit card please? It would be really helpful; I'm being really selfish here - apologies!

Many thanks,.

Many thanks

Birdie

[TUTTSI]

Re: Mbna Default ?????

Hi Birdie,

TBVH, we put it this on a back burner as we had so many other issues to deal with, including medical issues, kids probs etc etc....the list is endless.

We sent an SAR last year and they sent us the package, I do not think we have even looked at it yet, although we keep on saying we should. But the strange thing is o/h has not heard anymore from them.

Thanks for reminding me though as I had forgotten all about it........and I will kick o/h arse into gear to take a look ASAP.

What was it that you were wanting to know!

xxxxx

[Birdie]

Re: Mbna Default ?????

Hi Tuttsi

Thanks for your reply.

Know the feeling re medical problems and kids problems! (((((Hugs))))

I just wondered whether they had tried to pursue the debt at all. MBNA don't seem the greatest at complying with SAR - they've sent some details to us, but not all and have defaulted both credit cards for both OH and I, even though the accounts were disputed. So, they don't play fairly.

Do you think you'll still be able to pursue the charges and be deemed fair in a court (if it comes to that) if MBNA are not able to enforce the debt?

Kind regards

Birdie
xx

PS - When you check your SAR stuff, make sure that they have sent all the statement stuff. They missed several months out on ours. x

[TUTTSI]

Re: Mbna Default ?????

Hi Tuttsi

Thanks for your reply.

Know the feeling re medical problems and kids problems! (((((Hugs))))

I just wondered whether they had tried to pursue the debt at all. MBNA don't seem the greatest at complying with SAR - they've sent some details to us, but not all and have defaulted both credit cards for both OH and I, even though the accounts were disputed. So, they don't play fairly.

Do you think you'll still be able to pursue the charges and be deemed fair in a court (if it comes to that) if MBNA are not able to enforce the debt?

Kind regards

Birdie
xx

PS - When you check your SAR stuff, make sure that they have sent all the statement stuff. They missed several months out on ours. x

So far they have not pursued the debt, but it can always fester if they the debt sell the debt on to a DCA. In fact in last month or two we have started to receive some calls from Westcot. But since we do not give out any personal detail on the phone to anyone who dare call us they just hang up. No correspondence has yet to be received from Westcot. Whether they are acting on behalf of MBNA I am not sure at this moment.

I can tell you as there is NO proper signed executed agreement as far as I could make out, it makes the debt unenforceable.

I have also chatted to hubby this evening and he is under some pressure work wise just at the moment due to being unable to work for the last 7 days due to the eye op and right now is worried about getting the mortgage paid on time. He said when he gets the time we will revisit MBNA as I think this is a very interesting situation and I look forward to exhonerating this debt as unenforeable.

xxxx