Hi everyone I have a credit card with MBNA for just over 6000 pounds,the original debt was with BT credit cards Just wondering would it be worth sending a CCA request to MBNA

Very long story short. MBNA CC debt (£7000) from 2000 (Application Form states date as 1993) , sold to Cabot 2001 Regular payments made until 2009 when I found CAG,yay, sent SAR Rcvd very poor photocopy of Application Form , clearly states this all over it, with a separate sheet with prescribed terms, but does not match interest rate stated on App Form, Enclosed were a set of full T & C's from around 2002 DN also incorrect in a couple of ways, date, amounts, notice Had long back and forward for 12 months and heard nothing from them since 2010 and then in Jan got a letter saying due and payable. Requested a CCA as I realised by not making the request couldn't technically put into dispute. They also sent payment data from start of their purchase. Not worried over them contacting again as the CCA/Application is illegible in many places, but I was wondering if they were able to add interest on the debt? They claim Law of Property 1925(?) is relevant law for the transfer. On the original documentation from CCA request in 2009 the interest was added under the column 'Penalty Charge', it was hit and miss with no regular amount. At one point £2500 was added, but then £1350 deducted and again another large amount added but then smaller amounts. No consistency at all. On the newer documentation 'Penalty Charge' has been replaced with a column 'Interest'. The same amounts are there on the same dates. When I queried the 'interest' added years ago I was told it was a computer error and would eventually be sorted, I now know not to speak on the phone Any thoughts?

Hi all, I'm sorry of this has been covered before, but I did have a quick search and couldn't find much that answers my question. I know for certain I've had two MBNA credit cards over the years (one branded as MBNA and one as a Virgin credit card), but this was well over 6 years ago, I think the last one I paid off about 10 years ago. However, I'm pretty certain (95%) that I had PPI on one of them, although I can't find any of my old statements. As I have been seld-employed nearly all my working life, and definitely up to and including the time I held these credit cards, I could never have claimed on the PPI anyway. Can I still write to them with hardly information and start a claim or are they going to need account numbers etc and statements from me? Also, can I claim if it's over 6 years ago? Many thanks.

Hi, please be gentle with me, if I am asking stupid questions. I had an accident in May 2013, which resulted in my having to cease payments for some time with MBNA, they put me on 0% for the time, I then started to make payments as agreed and remain on 0% due to ill health I noted that they sent me a letter stating PPC had been cancelled dated after my accident, I didn't even know I had it, but started asking for further information, they initially said they could't tell me the date months and months of going backwards and forwards, they have sent me all the communications associated with my account. the PPC was cancelled on the 30/12/04 last payment taken 22/12/04 I have looked at the system sheets for that date, no mention of a cancellation there are no more PPC payments taken though after 22/12/04 Surely they can't just cancel it and have no evidence? also the forms you sign to say you agree to T&C when taking out the Credit Card, (2003), is it a tick box to say I decline or a tick box to say I accept PPC? Does anyone have a form for this year and could tell me it would be helpful. Can MBNA just cancel this with no proof, why would they write to me after my accident in May 2013 to say it was cancelled if it was cancelled in December 2004? I am so confused did i sign up for PPC, the wording on the T& C is all blurred , I have asked them the question, but they have not answered that particular question thanks in advance

Hi Guys - Been a while since I have been on the site and was hoping for some help please. I am actually supporting a close friend who tried to reclaim her PPI from MBNA. She actually had 2 credit cards with them and has tried to reclaim on both, they were both running at the same time 2009 - 20011 - they are both paid off in full. She received a telephone call last year from them advising that she may be able to reclaim and did a brief interview over the phone, she then had to complete the questionnaire they sent her, which she did and returned. She then received a response from them advising she chose the PPI and she stated she was eligible for the PPI insurance, they also stated on both responses that if she was to find herself unable to work then she would have not been able to cover the cost of the repayments. The response was standard for both accounts and that was their final response. When she advised me of what had happened I suggested she sent off for a SAR on both accounts - unfortunately she has not kept any statements. They have now been returned and the results are "interesting" - CARD ONE - My friend was approached on the way to her holiday at the airport. She remembers very clearly what happened, and remembers saying to the sales person that she didn't really have time - they said it would take a few minutes, they would fill in the details and all she would have to do is sign. We now have a copy of that application and there are several concerns - the application form was not written in her handwriting, and the sales person had written that she was employed and worked for a company that she has never even of!!! The sales person never even mentioned PPI and there is NOWHERE on the application form about PPI - which clearly shows she never even asked for it! CARD TWO - This one was taken out about a year later, and from their records she applied for it over the internet. What we have for this one is a copy of the credit agreement, there is a section on there offering Life Style Protect, card protection one year and card protection 3 years. The box for the credit agreement signature is ticked and the box for Life Style Protect is also ticked, my friend is adamant that there is no way she would have ticked for something she hadn't a clue about and never received any literature about in the future. She is one of many people out there that has assumed that PPI was standard on all credit agreements which is why she never challenged the appearance on her statements. I am aware from my research and others experience with MBNA and self employment that that is not a valid enough reason on it's own, that they would have actually have had to cease trading with HMRC. I have that angle to work with when recontacting MBNA and also the applications process to claim they were miss sold. I just wanted to double check with you guys that I am going along the right route with this, and if you had any suggestions? I was also wondering if anyone could advise which spreadsheet we would use? MBNA haven't send copies of her statements - just a list of transactions. Thank you for you help in advance!

My partner is trying to claim a PPI refund from MBNA. He does not have original statements or records as his credit card accounts were last used in 2009. MBNA insist that he did not have accounts with them. He provided copy bank statements showing payments to an MBNA account which is shown on the bank statement as an account number with the prefix 4129. He has also provided a receipt for a purchase with the number on it. MBNA still deny that this is one of their accounts. He has taken this to the CEO twice and has again received a flat denial. Can anyone confirm that this was an MBNA account. It was probably opened in the 1990's. Thanks

I currently have three credit cards which I currently owe in the region of £35k in total on. I have recently been unable to make the minimum payments on them in the last 3 months due to work drying up, and not looking much better in the forseeable future. One of which is with MBNA. I wrote to them saying that I am having trouble paying, and they basically said tough and that they will continue putting on interest, and that in the mean time I should send them an Income and Expenditure breakdown, which I have yet to do. What I really want to find out is what I should do next, seeing that I can't pay them the amounts that they want in the near future, but I would really like to pay off the amounts in the future, but not sure when that would be. Therefore, I would appreciate any help that anyone can provide me, as I really want to take control of this situation, from a process perspective and a financial perspective. Thanks Ed

My original post has gone missing

All creditors were written to by letter dated 21.08.06, to inform them of financial difficulties. I enclosed £1 token payment and cont’d to pay this for some months until payments increased. The original payments amounted to £500-£550 per month. I am still currently making reduced payments as below. I am unsure where I stand and what I can do, if anything, and do not want to open a can of worms as I have been off work with bereavement/stress/anxiety and as a result I am now unemployed. thanks for reading, and for any advice. MBNA Credit card - now with IDEM Servicing Showing on Equifax file as Credit Card from Idem Capital Securities (I) (with different ref from MBNA card) with AP’s from Jan 2010-Sept 2012 and as ‘up to date’ since then balance £866.66 I pay £20.00 per month I have statements from MBNA dated June, Oct & Nov 06 showing PP Cover. Also statements from Oct & Nov 06, Jan & Feb 07 showing late fees and overlimit fees, £12 for each, each time.

I am confused by the information regarding interest which can be claimed for PPI mis-selling. 12 months ago I understood that CI could be calculated from the date that the Credit Card was taken out up until the present date regardless of whether the account was still active. Having read recent posts I get the impression that CI can only be claimed until the account is closed, or the balance is zero and thereafter interest of 8% applies. Can someone clarify this please? And does the same rule apply to unlawful charges? Thanks suvin

hi all, i defaulted the credit card account with MBNA august 2011 due to financial difficulties, mbna has increased the interest rate form 15.9% to 35%, at some point my minimum payment was less than the finance charges then double my minimum payment so i stopped paying them informing them of my situation. The account was sold to LINK FINANCIAL. i received a county court claim from LINK FINACIAL PARTICULAR OF CLAIM: The claimant claims the whole of the outstanding balance due and payableunder an agreement referenced xxxxx and opened effective from 19/xx/2005. The agreement is regulated by the CCA 1974, was signed by the defendant and from which the credit was extended to the deendant. The deendent failed to make payment as required and by 19/02/2012 a default was recorded. As at 27/04/2012 the defendant owed MBNA europe bank ltdthe sum of 6xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective from 27/04/2012 and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. And the claimant claims : - 6xxx.xx . I nterest pursuant to section 69 county court act (1984) at a rate of 8% per annum from 27/04/2012 to 07/08/2012 of 130.56 and thereafter at a dily rate of 1.36 to date of judgement or sooner payment. date 07/08/2012. CCA request to LINK : Agreement they sent is illegible signed by me. stamp dated a day earlier than the Particular Of Claim ABOVE. A signature in middle by Someone from MBNA. A PPI bOX in the agreement ticked : I wish to purchase the payment protection cover I understand i am puchasing the product ticked above and the terms related to the the product can be found at paragraph 1-16 of the agreement. No paragraph 1-16 exist in the agreement T&C. I believe it does fall on MULTIPLE AGREEMENT? Constant phone calls from LINKS followed. I wrote to them a letter putting the account in Dispute stressing that the amount in the claim is inaccurate due to unlawful charges and PPI and while i am claiming them back from MBNA and with the advice of CCCS i offer you a monthly payment of £45.00 as per my I&E. The response i got back by letter dated 24 july from LINK was: LINK FINANCIAL was not present at the inception of the loan and therefore did not provide any PPI on the account. nothing about my monthly payment offer. Next thing is the County Court Claim on 7/8/2012. I acknowleged the claim and am defending the whole claim and sent A cpr31.14 to link financial. MY ppi claim with MBNA has been upheld. MIS-SOLD PPI due to self employment. I believe that LINK has been unreasonable and they are breaching every OFT Regulations pre-action protocol included. Please any input and help will be be appreciated to formulate a defence.

Hi, Yesterday I recieved a Claim Form for a credit card dating back to 1999, it is lodged with Northampton County Court, I tend to defend fully the case and have sent in my CPR 31.14 Request with Recorded Delivery today. I have not sent any money are they likely to request anything for this request? i.e. £10 It is for a credit card balance from on or about 29/9/1999 assigned to the claimant 20/12/11 for the sum of £8467.02 and now with charges they want £8757.02 What are my chances here? If they do not come back with original signed documents and stuff, can I defend that I know nothing about this? as it was many years ago, during a split with my missus in 2007 I had a lot of debt that has never really been sorted since then.

Hi all, I need advise on a long-running dispute I have with MBNA but which is now passed on to MFS protfolio. Several years back - 2007, I disputed the credit card balance with the company as I did not recognise some of the entries. They were intransigent and, by 2008, I employed the services of a company who combined this fight with PPI reclaim at the time. MBNA failed to respond positively and instead managed to get a ccj and a charging order against my property in my absence due to lengthy work related stay overseas. Fast forward 2013, MBNA finally conceeded that they had misold the account in the first place and offered me a PPI refund. I declined this offer on the ground that it was such a small token and did not reflect insurance contributions made since 2001. Two months later I received a court order granting MFS protfolio the substitute claimant (instead of MBNA). I immediately lodged an appleal. A couple of weeks later while my appeal was still going through the system at the local court, I received a warrant of execution, effectively authorising bailiff visit to enforce the right granterd MFS Portfolio. The bailiff was made aware of the appeal and he went away. New hearing date has now been set. I need advice on how to handle the appeal especially given that 1) MBNA has conceeded the miselling of the account 6 years later, 2) they are yet to supply my requests i.e copy of the greement, full copy of the statement and copy of deed of assignement of the account to MFS Portfolio. Look forward to your kind response.

I have been trying to get MBNA to refund some default charges that relate to 2008-2011, not much three £12 charges, some interest and a £25 for a bounced DD. Went through the usual, letter, statement give me my charges back, didn't get anywhere. Put a small claim through, they Defended, court date tomorrow. This morning I received a Defence, they claim that they have refunded some of the charges. They are are just asking that the claim be dismissed. In this witness statement they have included my previous correspondence (a moan that I didn't refer it to the Financial Ombudsman Service) and a credit agreement. Interestingly the credit agreement is dated in 2008 but states the 'bounced dd' fee to be only £12...hmmm Just want some advice on how to handle this in court tomorrow and any evidence or legal arguments I should make. Thanks

Hello All, I posted some time ago about some potential debt issues and was advised to get my current credit report and then post in the corresponding forum for that debt. I have done that, and now I really need to know how to solve it. ANY help would be greatly appreciated! Basically, I have four things on my credit file which are defaulted and I need to get rid of one way or another. One of them is MBNA. Credit Card from MBNA - with Aktiv Kapital Current Balance £17xx Default/Delinquent Balance £22xx Default Date 11/2009 Opening Date 03/2007 I need to clear my credit file and really start rebuilding properly. What is the best way to do this and get rid of this & sort it out finally? I have a steady job now and in a better position to sort this out. Any help is greatly appreciated - thank you so much.

Hi all, A little background ... In 2009 I sent a CCA section 78 request to MBNA to provide copies of my original signed agreement and terms and conditions. Nothing was forthcoming in the 12 day period nor the 30 day period. I then put the account into dispute and MBNA defaulted me (probably illegally?) in mid 2010. I sent everything recorded delivery and have proof that they received the letters. When MBNA realised I wasn't playing ball they sold the debt on. The debt was then sold on again at least once. I received various letters from 'creditors' and a DCA which I pretty much ignored since I knew that without original agreements they had no leg to stand on. Fast forward to July 2013 ... I received a N39 order from my local county court informing me that the current 'creditor' obtained a judgement or order from their local county court (not in my town) in September 2011 requiring me to pay the alleged debt. Since I moved house during this period I was unaware of the original judgement made in 2011. Presumably the 'creditor' sent communications to my old address. So this N39 order I have just received is the first time I've known about the original judgement in 2011. As I understand it, the alleged debt is unenforceable if the 'creditor' cannot produce original signed agreements. So why did the court rule against me in 2011 in my absence? I would like to avoid having to attend court for questioning and as far as I'm concerned this account is still in dispute. What should I do for the best? Can I get the current N39 order withdrawn? Should I send a section 78 request to the current 'creditor'? Your help is much appreciated. I have 3 weeks before the questioning date.

Another debt for this poor debt ridden chap. Please advise if this is enforceable. DCA- Link Financial OC- MBNA - Credit card applied back in 2001 DMP- Eurodebt, been paying token payment since late 2002, will be ditching them soon. SAR sent to MBNA and waiting.

I had a MBNA credit card which i ran up a debt of £6000. In February of last year i paid £2000 from an inheritance. I have been unemployed for over a year. The debt was taken over by Link Financial. In February this year they went to court and won a court order? the debt with link financial is over £6000, what is the best way to check the charges and make a final offer. Thanks neil

Hoping someone can help me...today received papers from Northampton Bulk Centre issued by Activ Kapital for an alleged debt with MBNA. I have had no prior contact with AK and need some help to know where to start with this. Have gone through various posts on the forum and realise that a little knowledge could get me into trouble which is why I am asking from the outset. Hoping that you can offer some help..?

Hi I had a virgin credit card which I stopped payiing last autumn2012 due to financial difficulties. They sent me a letter around xmas time to say they had passed my debt on to Aktiv Capital. Around a month later I started getting frequent calls from Aktiv Capital, but just kept fobbing them off, saying they had phoned at an inconvenient time. After reading one of your blogs I refused to give them information over the phone. That very day I received a letter from them asking for the full amount. Activ phoned me again that afternoon saying they had sent at least two letters, and that I had to deal with them over the phone as that it is how they always deal with customers. They suggested (even though I wouldn't comment) that I pay the amount in full, or if not over 3 monthly payments. I did comment that if I had been able to then I would have paid Virgin, but I wanted to see comunication in writing before agreeing to comment further ! HELP !! what should i do now please. many thanks Jamga

I had two credit cards with MBNA, I had problems making the full payments due to health issues, I therefore paid them a token amount as suggested by "mymoneysteps" website. After about 9 months they wrote to me and said that they were recording the accounts as in default. They then (about 2 months later) wrote to me and said they had sold each debt to Aktiv Kapital. I have continued making the token payments to MBNA and have ignored requests from MBNA and Aktiv Kapital to make all future payments to Aktiv Kapital or corresponded with Aktiv Kapital in writing, I believe I may however have spoken to the latter on the phone. My questions are, 1. I assume that MBNA do not have an enforceable CCA otherwise they would have made an effort to collect the debt, and therefore have "sold" the debt to Aktiv Kapital? I have not entered into any correspondence with Aktiv Kapital who regularly send me a discount offer of repayment. 2. a) If the CCA is not enforceable, then I assume they do not have a right to assign the debt either? b) If the CCA is not enforceable do MBNA have a right to mark it as in default as this effectively terminates the agreement but if one doesn't legally exist is it possible for it to be in default? 3. What should be my next step? Should I a) contact MBNA and ask for a CCA and signed agreement of assignment or b) contact Aktiv Kapital and ask them for the same. c) do something else. Credit Report - MBNA and Aktiv Kapital show the default on the same date MBNA show each debt as "settled" and Aktiv Kapital have acknowledged the payment terms, Aktiv Kapital do not record any payments even though MBNA say they pass them on to Aktiv Kapital, MBNA stopped recording the payments from the "date of assignment to CAIS member" although the amount does reduce each month by the correct amount. Other questions 1. as both MBNA have recorded a default for the same defaults does this effect my credit score if one of each pair is shown as settled? 2. The other question is as the debt has been marked as defaulted, when it drops of my Credit file in 6 years from the default date what happens to the debt? Experian do not include the amount of either debt in "Amount of outstanding debt (excluding mortgages)". I hope I haven't asked too many questions at once.

Sent a cca to MBNA - they sold to Moorgate Sent a cca to Moorgate on 13th November - they cashed in cheque on 20th November - heard nothing since then - absolutely nothing. I have had three reminders that I owe them money... but nothing else. Any words of wisdom from the esteemed people on here?

I have a virgin brand claim with the FOS, it was upheld provisionally last june, they ignored it for some months and then contested it. The FOS have had it on the waiting list ever since for another adjudication. I am now considering taking an action in the small claims. I understand that there is a premium which can be applied to a claim if there has been unreasonable behavior is this correct(without me having to look through the guidance please) and if so how much is the going rate, Many thanks

My wife had MBNA loan with PPI for £10k back in 2003 and its all paid off in 2007. I am about to SAR MBNA but loan was taken out while she was living with her parents and she was using her maiden name. She also has a credit card with MBNA but its registered in my address with my surname, now What name and address should we give on SAR? Can we include both name and address on one SAR? She also had PPI on credit card for about three years (2006-2009). Recently she was contacted by MBNA about mis-sold PPI on credit card with questionnaire, she filled it and send it back. She just received a letter from MBNA advising claim has been refused as she agreed PPI over the phone. I know for sure she has paid few hundred quid on PPI. How do we go about claiming it? Should we write to them asking to provide telephone conversation or shall we report to FOS? or perhaps small court case? As always, appreciate your input.

We are all very aware that MBNA uses UK Mail, even for Default notices. I have an envelope belonging to an ongoing battle with a large "s" on it. I have said that as far as I am concerned and can find this is second class mail. MBNA have stated in a witness statment that " the default notice was printed on 7th February 2011 but collected by UK Mail on the 8th February 2011. It was not the practice of MBNA in 2011 to serve Default Notices to customers by Second Class Post. Accordingly this default was not sent via Second Class Mail. The letter "s" on the envelope does not reflect the fact that the envelope was sent by Royal Mail Second Class Post. The letter simply reflects a type of "coding" for the sender of the document. In face UK Mail does not provide a Second Class Service - the service they offer is either Business or Economy Class. The letter was sent Business Class which aims to deliver within two working days (including Saturday) of collection." would love to find a definative non arguable answer to this one . . . Any ideas?