MBNA - Aktiv Kapital x 2

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

I just found it hilarious that they would try and entice you in the form of a Gift Voucher ! I have no intention of accepting their offer !

I have just had a quick look at their website , I was surprised to see the so called offers on there .

Thanks for your reply

[MIKE770]

Re: MBNA - Aktiv Kapital x 2

After sendign the letters for the CCA requests for both Aktiv Kapital (MBNA ) Accounts, I ahve today received a letter regardignthe higher of the two.

It reads as follows _

Statement of your account

As required by the Consumer Credit Act 1974, please find the enclosed Statement of your account, which is being provided to you as a result of you falling behind with your payments under this agreement with your original creditor.

It then provides a balance of my account finishing with what they are calling a Closing Balances of the 10th April of £8963.00.

Elsewhere on the letter they have written details of the original creditor, the original agreement number and the original credit agreement date being 19/11/1998.

At the bottom of the letter is a "Gift Voucher" for Aktiv Kapital for the sum of £1344.00 !!! This they explain is especially for me. "This voucher can be used to pay off your account, you just need to pay the remainder of the balance before the 30th April 2013 " !!

There is nothing else enclosed with the letter, no copy of the CCA as requested. I am assuming this is currently heading in the direction we are hoping for ?

another of their we are doing you a favour tactics ifyou commit a certain anount, course they will i.e. owe £8500, they pay say £800.00 for it then nice little earner for them, only need to look at their discount offers on their site, the longer you take to pay the lot less discount unless you pay in 3 payments.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Apologies for the typing above, I am in a bit of a rush and didn't stop to re read what I had written !!

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

After sendign the letters for the CCA requests for both Aktiv Kapital (MBNA ) Accounts, I ahve today received a letter regardignthe higher of the two.

It reads as follows _

Statement of your account

As required by the Consumer Credit Act 1974, please find the enclosed Statement of your account, which is being provided to you as a result of you falling behind with your payments under this agreement with your original creditor.

It then provides a balance of my account finishing with what they are calling a Closing Balances of the 10th April of £8963.00.

Elsewhere on the letter they have written details of the original creditor, the original agreement number and the original credit agreement date being 19/11/1998.

At the bottom of the letter is a "Gift Voucher" for Aktiv Kapital for the sum of £1344.00 !!! This they explain is especially for me. "This voucher can be used to pay off your account, you just need to pay the remainder of the balance before the 30th April 2013 " !!

There is nothing else enclosed with the letter, no copy of the CCA as requested. I am assuming this is currently heading in the direction we are hoping for ?

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou everyone.You have all been very helpful as usual. I have sent the requests and will be in touch if / when I hear anything more from them.

Re: MBNA - Aktiv Kapital x 2

As AK are debt purchasers, they will have to obtain the documents from MBNA, who may or may not find anything. It is unlikely they will respond within the 14 days, if they don't, the account will be unenforceable until they respond with something compliant. :grin:

How often has that been known to happen?

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

I am wondering if I have done the right thing with regards to two MBNA debts. We acknowledge the debts and had an agreement with MBNA to pay those. The debts were passed onto Aktiv Kapital last year. I have checked our Credit File and it states Aktiv Kapital as now owning the debts and the MBNA information is showing as settled. I began making payments to Aktiv Kapital for both debts and have continued to do so. I am wondering now if I was too hasty in just accepting that I should pay Aktiv Kapital. I didn't send a Prove t Letter , I just paid them what I had been paying MBNA previously.

Have I done the right thing here do you think and should I continue to pay Aktiv Kapital please ?

Have you received a Notice of Assignment stating Aktiv Crapital now own the debt?

Flaming Parrot is on holiday this week otherwise she would have posted this link to s.78 CCA Request sample letter - so I'll have to do it for her :typing:

http://www.legalbeagles.info/forums/...765#post311765

Much appreciated! :yo: Plan B to the rescue as ever! :clap2:

No I would never have settled at a 10% discount anyway. The MBNA debt they have written about must be approx 5 years old I think,the other which is significantly more money is approx 13 years old. I have never sent the CCA request to them as per the original post in March. As I could see form the credit file that they owned the debts I paid them as per the agreements we had with MBNA before they were sold to Aktiv Kapital.

I will read the thread you have attached thankyou. IT sounds though as if you think I should send a CCA request for both accounts ?

Indeed you should!

So I just stop paying ? Seems wrong when I know I owe the money doesnt it ?!! What happens with the credit score etc as obviously that shows I owe Aktiv Kapital although the original MBNA debt is showing as settled I believe.

Up to you whether you want to wait till you get responses to your CCA requests. Bear in mind that, as long as you are making payments, even as little as £1/month, the debt will never go Statute Barred. As for owing the money:

1. Aktiv Crapital would have paid no more than 10% of the alleged balance, as is customary with debt purchasers, the rest is pure profit
2. As for MBNA, what can I say that hasn't been said before, I stopped paying when they jacked up the rate to 36% in 2009, after 15 years of making payments without a single missed or late payment, suddenly the rate was comparable to that of a sub-prime product! :rant: :rant: :rant: And this was when the BoE dropped interest rates close to zero to stimulate the economy, MBNA took advantage of this to line their pockets! :mad2: :mad2: :mad2:

A wise DJ once said "we're here to judge facts not morals". I'm sure you'd pay them if you could, but right now you can't afford it. That's not debt avoidance that's a fact of life.

You would have got a Default marker on your credit file when you first defaulted (i.e. when you missed a contractual payment). That remains on your file for six years and then falls off regardless of the state of your account even if the debt is still outstanding. You can only be defaulted once in a debt lifecycle so if MBNA defaulted you four years ago then you've only got two years to go. AK can't add a second default.

Indeed! The Consumer Credit Act is there for a reason, yet many lenders took no notice whatsoever and did what they wanted, thinking they were above the law. Or they are just so disorganized and arrogant that they can't find any paperwork. That's precisely my case with MBNA, no agreement retrieved for my account, thus no payments made since Jan 2010! :clock: :dance: :dance: :dance:

As AK are debt purchasers, they will have to obtain the documents from MBNA, who may or may not find anything. It is unlikely they will respond within the 14 days, if they don't, the account will be unenforceable until they respond with something compliant. :grin:

[javorb5]

Re: MBNA - Aktiv Kapital x 2

mbna are a nightmare ,i was 100% sure they defaulted me as did all of my other creditors ,all defaults have dropped off but mbna did not default me they marked my account delinquent,mbna told me they do not default you if you pay them reduced figures,they seem to be a law unto themselves

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou. To be honest the older MBNA card has probably been paid off 10 times over, so I really shouldn't worry too much . I will get the CCA requests sent off....watch this space..................................

[PlanB]

Re: MBNA - Aktiv Kapital x 2

So I just stop paying ? Seems wrong when I know I owe the money doesnt it ?!! What happens with the credit score etc as obviously that shows I owe Aktiv Kapital although the original MBNA debt is showing as settled I believe.

A wise DJ once said "we're here to judge facts not morals". I'm sure you'd pay them if you could, but right now you can't afford it. That's not debt avoidance that's a fact of life.

You would have got a Default marker on your credit file when you first defaulted (i.e. when you missed a contractual payment). That remains on your file for six years and then falls off regardless of the state of your account even if the debt is still outstanding. You can only be defaulted once in a debt lifecycle so if MBNA defaulted you four years ago then you've only got two years to go. AK can't add a second default.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

So I just stop paying ? Seems wrong when I know I owe the money doesnt it ?!! What happens with the credit score etc as obviously that shows I owe Aktiv Kapital although the original MBNA debt is showing as settled I believe.

Sorry for all of the questions !

Thankyou

[PlanB]

Re: MBNA - Aktiv Kapital x 2

Thankyou, yes Flaming Parrot has been helping me out with an Arrow Global account as well.

At a risk of sounding completely dim, if the CCA request cant be provided what happens then ?

Zippo, nada, nothing. Without a CCA a creditor cannot get a CCJ but that doesn't stop them trying so keep your eye on the ball and post up what comes back from Aktiv Kapital. Send one request for each account.

Good Luck :beagle:

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou, yes Flaming Parrot has been helping me out with an Arrow Global account as well.

At a risk of sounding completely dim, if the CCA request cant be provided what happens then ?

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

No I would never have settled at a 10% discount anyway. The MBNA debt they have written about must be approx 5 years old I think,the other which is significantly more money is approx 13 years old. I have never sent the CCA request to them as per the original post in March. As I could see form the credit file that they owned the debts I paid them as per the agreements we had with MBNA before they were sold to Aktiv Kapital.

I will read the thread you have attached thankyou. IT sounds though as if you think I should send a CCA request for both accounts ?

[PlanB]

Re: MBNA - Aktiv Kapital x 2

Flaming Parrot is on holiday this week otherwise she would have posted this link to s.78 CCA Request sample letter - so I'll have to do it for her :typing:

http://www.legalbeagles.info/forums/...765#post311765