Hello dx100uk has suggested I start a new thread. I have a lot of different debts and have been making payments to all of them that I arranged myself directly. It's my intention to get everything paid off eventually. MBNA have now sold my debt to Link Financial Outsourcing and it stands at £20,688.26 I had been paying MBNA £17 per month. Link Financial have said they will honour this "informal" arrangement until the review date agreed with MBNA or 6 months from the date of the letter (23rd December). I think the card was taken out at least 15 years ago. Should I continue to pay Link the £17 per month? DX suggested I send a CCA Request do I send that to Link now? Thanks

Hello all, Noob here so please be kind! After a long time deliberating I'm getting ready to try to reclaim my PPI from MBNA. It will be worth a lot of money so I'd really appreciate any advice towards the wording of my claim. I did a SAR earlier this year and found out that my PPI was taken out at the point I applied for the card when a single form was filled in by a salesperson I met in January 2004. I have a copy of this form, and nowhere on it does it say the "Payment Protection Cover" is optional. There is only a tick box for yes against the statement ".... confirm that you are eligible and have read and understand the terms and conditions" with "We recommend that you take out this cover" in bold underneath. I didn't fill in the form, it's clear the salesperson has done it and made a mark there for me, and no signature was required specifically against the Payment Protection Cover section - there is just one for the credit agreement at the bottom of the form. I have the MBNA customer questionnaire, and in Section E about your complaint I intend to put - "The policy was “sold” to me in person at the Birmingham NEC in January 2004. No information was given to me before “I” took out the PPI, and the costs, benefits and terms of the policy were not explained by the salesperson. No questions regarding the policy were asked by me as it was not discussed. It is now obvious to me that the PPI was taken, without my explicit agreement, as it was made to appear a standard part of the application process. As there weren't any discussions about PPI during my application, it could not possibly have been made clear that it was optional and that I didn’t have to take the policy out in order to have my credit card application approved. The lack of explanation, or presentation, of terms and conditions that would have enabled me to make an informed choice also means I could not have considered whether the policy was right for me. Indeed I now know that on the application form the policy was recommended (in bold print) but there could not have been any investigation taken by the salesperson, or MBNA, to ensure the policy you clearly recommended to me was suitable for my needs. I consider the presentation of the recommendation was made in such a way to make me think that to not follow it would mean my application would be unsuccessful. Further to all of this my explicit agreement to purchase the policy was clearly not given as I did not fill in the form, sign or mark my approval against this clause - the salesperson did." For the section asking when I realised there was a problem with the PPI I am going to put "March 2014 (when I did a subject access review) - clearly mis-sold" Do you think this has a good chance of success, and is there anything you would add or change? Many, many thanks in advance for your consideration and advice.

Relative debt of which I have tried to help with. Original debt £5012 when Cabot took over in 2004 with what I think is a flimsy Assignment, debt now at at £11,216. Cabot were paid each and every month at £25 up until last year when a SARS request was sent to them (not to be confused with a cca request which has never been requested of them) . They responded to the SARS, they were then sent a further letter asking if all that was contained in the SARS was all that they had and nothing more. They responded saying yes it was....Which then clearly demonstrated that Cabot are quite good at constructing documents as some of the letters from them enclosed in the SARS were not the letters sent by them of which the relative has the hard copies of. A request was made to Cabot to remove all interest payments added by them but they responded saying that they had reviewed the account and it was clear that there was a poor payment record with them and they referred to a letter they sent a few years earlier warning interest was to be added. They also stated that under the terms of the original agreement they were entitled to add interest...No agreement at that point had been sent and was not included in the SARS . We reminded them that no agreement between Cabot and my relative existed. At the same time as this we also pointed out that they'd actually sent letters agreeing to continue the payments being made and that no interest was being applied...In all in over and with 60 possible payments to cabot and just prior to SARS request 59 payments had been made, no gaps. No request has ever been made to Cabot for a copy of the original credit agreement but then on June 3rd 2011 they sent a copy of what they are saying is an original credit agreement, along with a copy of what looks like the CCA 1974 (card taken out in 96) and also the terms and condtions of the card... Upon a closer look at the alleged 'agreement' it gives the relatives details at the time (job/income) and what looks like their signature but it only says 'Priority Request Form Credit Agreement Regulated by the Consumer credit Act 1974 To the left of the details it says 'How to request your card . To accept our invitation please complete the Priorty Request Form Cabot also enclosed a letter headed Information under the Consumer Credit Act 1974 and saying 'Further to your request please find all of the relevant information following your request for information under section 77-78 of the Consumer Credit Act 1974. They also state a paragraph down that 'As we have now complied with your request for information we are able to enforce the credit agreement' Am I right to assume that this does not represent a credit agreement? The page where my relatives signature is has no relevant interest or terms/details etc. At the same time as this Cabot have also enclosed a statement of sorts re the debt since they took over (also contained in the SARS and updated ..on one hand they're saying they've now complied with a request for a cca (never made) but on the other hand they've continued adding interest..which if they considered the account to be in dispute since the the supposed CCA request then they shouldn't be adding interest? ? Go figure...we did point out in oprevious correspondence that no credit agreement request has ever been made to them...which they disregarded obviously. Throughout all of this Cabot were made aware in big bold writing that they person they're attempting to collect a debt from is considered 'vulnerable' and is both registered disabled and had a full time carer...Cabot wanted letters from Doctors but why should we given they quite obviously cannot be trusted with information (false letters in SARs to name but one anomaly) so no documentation from a doctor will be sent to them. There is a letter available from a doctor who wrote 2 years ago to somebody else on behalf of the relative which very clearly outlined his opinion on the vulnerability of the relative...we could have sent them that but I do not trust Cabot with that sort of information. They want to enforce the debt, I dont want to hasten any fires but so far it is my opinion they've acted wholly irresponsibly and possibly illegally where this debt is concerned.. I would SARS MBNA but I dont see what would be gained from it. What if anything should we write to Cabot? They dont seem able to do anything but issue random threats, add stupid amounts of interest to an account that we dont know if it's ever been given a default notice from MBNA and we dont know on what terms they add the interest and right now it appears they've fabricated other information on the account. Lastly, in the terms of the account they've just sent it gives the relatives address that is now....printed in a box....but this address is NOT the one on the Priority Request form and was only added to the account with Cabot 18 months ago...is this illegal for them to do as quite clearly the credit agreement they've sent (after the first prioroty request form) is not consistent with information at the time the agreement would have been taken out and is only a year since it's been added...if you understand that? This to me seems as if Cabot or fabricating agreements....or at least adding an address within it that didn't exist when the agreement was first made in the 90's (repeating myself I know) There is no name on the details added, just the address and the one added 18mths ago.....can they do this? is it legal relevant? or does it help further a claim against Cabot for deliberate meddling and sending out false documentation?

Here goes... I've been trying to find similar cases to my own, but have ended up confusing myself with masses of helpful advice - somebody please help. I have a Virgin MBNA card with a total debt of around £17K. I have stopped paying anything to them after the interest rate went through the roof, and I have been unable. I sent a CCA (with a postal order) on 10th May and when they phoned on 21st May I thought it was about that. It wasn't, just general hassle, so I copied the MBNA operative my letter (email) and waited. I waited until 8th July, at which point I spoke to another unsolicited MBNA caller and established that I should have sent my request to the "Customer Advocates Office", not the general MBNA Chester address. I sent another copy of my original letter (but no additional postal order). As I was typing a covering letter I took another MBNA call from a chap who began talking legalese. He asked me if I was handling this dispute myself or with help from CAG, and stated that even when the received my CCA request they needn't send me anything useful. He also referred me to the BBC website where a couple had been successful in their claim, but had been hit with an equivalent amount (£100K) in legal costs. He also said that they had done a credit check and seen that we are paying other debts (another credit card with a balance of about £1800, a £10K unsecured loan and a £250K mortgage). He said that as we were giving preference to other creditors he had done a check on the value of our property and that as there is some equity he would have a "charge" put on it to recover the debt. He added that MBNA had been successful in 90% of the cases that had gone to court. Having read other posts I like to think that this is threatening bluff, but Mrs Spoon is worried. Today the reponse to my CCA arrived - a 2 sided A4 sheet with a copy of a signature box on one side, and on the other a boxed bit of small print with "diamond" mark in the top left and some interest rates on the right. I'll wrestle with attaching copies if necessary, but it is nothing that will tell me if the agreement is properly executed. The date of the "agreement" is early 2005. Here is the twist to my case (I think). In a moment of money-worry induced madness my wife applied for the card on my behalf, and signed the document. Whilst I'm sure we spent the money, I'm wondering what I can hope to achieve by following this up. If we go down the route that my wife forged my signature are we going to get done for fraud? We have had a "kind" letter offering us reduced payments or the writing off of a proportion of the debt. What should I/we do next? Please help.

I had an MBNA credit card approx. 17 yrs ago. I sent a standard letter asking for information on my original agreement including possible ppi, charges, fees and interest. they sent me a very brief letter stating " Payment protection cover has never been applied to this account, therefore no premium charges have been applied". are they trying to fob me off? and if this is true should I pursue this claim to reclaim my charges (im sure there are numerous for missed DDs and late payments) please advise

Have done all the usual letters 3 years ago!!! - have now had a letter from a debt agency I know there is a template letter saying that MBNA cannot pass the debt on it is in dispute and they have not supplied a CCA etc but cant find it can anyone help please

I am now at the stage where i am ready to start my claim for ppi with MBNA. I am a little confused having read here several conflicting accounts of how to go about working out the amounts. So firstly its a credit card from 2003 I am self employed It has PPI on it having already gone down the road of obtaining my account information from MBNA. I am not sure which to use but from what i read if i want to claim for compound interest and willing to peruse it is should use CISheet v101.xls. Now i have looked all over the old credit card statements and i can not see any reference to the interest rate charged. But i do see a reference to a Mthly Int Rates .... 1.8735 % Can anybody work out what the APR would be to add to the spread sheet. If anybody can assist it would be great as im a complete no brainer when it comes to this sort of thing lol

Hi guy's, Firstly, what a fantastic forum! It's great to see people helping others through bad times. I have a question regarding a cca request I sent to Aktiv Kapital in relation to a defaulted credit card debt they purchased from mbna. They have eventually sent me a signed agreement but they did not supply it in the necessary time scales (took 12 weeks!), and there is no credit limit stated on the agreement. Is this debt still enforceable? I read somewhere that if they failed to supply a cca within 12+2 days + 30 days (something like that!) that a debt is unenforceable. Im not trying to avoid debt. I tried every way possible to sort something out with mbna and Aktiv Kapital but I've just been bullied. Any help would be greatly appreciated. Thanks in Advance John

Hello all, Essentially I have just had my full & final response from MBNA from my complaint regarding their handling of my credit file since I started a DMP back in 2006. They never defaulted the account but listed it as AP for a significant period along with around a year of various missed payment levels before I partially settled the account in 2010. (see the CRA image below) [ATTACH=CONFIG]48033[/ATTACH] I am drafting a complaint to the ICO and probably will send a concurrent complaint to the FOS. Obviously I have more documentation to go with this - but I have attached the key ones for now (a snapshot of the CRA file, my most recent complaint and their final response)

Hi I have two old credit card accounts with MBNA which have been sold to Arrow Global . I had no joy from Arrow with a CCA request for both account so i did a SAR to MBNA. Neither account had PPI but both will have incurred charges along the way . In the SAR pack i can see no documentation for the transfer or sale of the account to Arrow. Must this be in the pack for Arrow to chase me for the debt . As they are old accounts 2001 and 2004 i have included the CCA in the SAR pack for anyone able to quantify them . I currently pay both accounts £1pcm still to MBNA for the past 2 years while things are tight . Many Thanks

Hi All, I'm in a bit of a pickle and need some advice. I received a County Court Claim via CCBC @Northampton from Arrow Global. It was instigated by drysdenfairfax solicitors, and to be honest I don't think they expected me to defend and thought they were in for some easy money. Anyhoo, I sent off my CPR request for docs etc, did my AOS and after 28 days having still not received docs mentioned in POC I put in a holding defence of no docs received and a request to change defence accordingly once they were received. I also put in a counterclaim for damages re Arrow updating my creditfile without legal right to do so and harassment from the DCA's they had chasing me. Last week I received an AQ, so I requested trial at my local court. As I still hadn't received any documents from Arrow, I informed the court that I couldn't proceed with my counterclaim because, without them I couldn't provide the evidence I needed to prove that they were barking up the wrong tree. Today I received a copy of an AQ from Arrow, where they have requested a month stay to 'settle' the claim, an intention to apply for my counterclaim to be struck out, and a notification that they have sacked their solicitors drysdenfaifax and are now representing themselves. They also stated in the covering letter that unless I pay up they will apply to strike out my defence. For background info... They are claiming on an old MBNA account that they say they have bought. I have in my possession a default notice from MBNA with the wrong account number on and a demand for full payment rather than arrears. I have a letter of assignment from Arrow stating a different account number to the one they are making a claim for, and, on a previous request for a copy of my agreement, they actually provided me with a copy of an old MBNA account which was paid up in full and closed many years ago. I basically need to know what to do from here on in.. I omitted to request that claim be struck out through lack of docs in my holding defence. Do I just sit back and wait to see what happens now or is there something else I should be doing? All advice appreciated... Thanks, Spam.

Hi all, I'm new to posting on this forum so please be gentle with me if all this has been done before. I've spent the last few days reading various threads on this issue but my head's now spinning!! Any help, advise or pointing in the right direction would be greatly appreciated. Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself) Since then I've had the expected phone calls, letters, defaults, assignments to DCA which have been on-going, most of which I have ignored. Last Thursday 16th Oct I received a Count Court Claim from Aktiv Kapital for the outstanding balance. Over the weekend I sent the AOS stating I intend to defend the claim. Is it a futile exercise to use "I've sold my debt" as a defence? All reply's will be thankfully received.

Hi, hope this is in the right place It is with some sadness that I feel the need to post here. I don't like debt (who does!) but circumstances over the last year have come to a point where my credit card debts have built so that I have been unable to cover the minimum. ...and I now am in desparate need of help before things get really serious. So, details: MBNA 1: £19k owing - no payments for 5 or 6 months MBNA 2: £5k owing - no payments for 4 or 5 months A few months ago after being hounded with phone calls I did a family budget statement for them, along with a request to suspend charges, and they responded by actually freezing the charges. They also concluded that I could not afford a formal payment plan. As I have been unable to secure significant employment we moved out of our previous rented property to find cheaper accomodation, so I am currently looking closer to home for employment. I hope to secure this over the next 3 months, and then want to attempt to replay some of this debt, rather than going bankrupt. Notice: "to remedy your breach we must receive payment of £2,800 (ish) by 20th Dec 2014. If the action required by this notice is take before the date shown no further enforcement action will be taken in respect of this breach. If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you. On or after the date shown, your account will be closed, your credit agreement terminated and we may sell your debt to a third party company which may decide to bring court proceedings to recover the amount owed by you under the agreement. If we terminate the agreement your full balance will become payable immediately" I am unable to pay this, as all finances MUST be diverted to rent/council tax etc. So, what to do...? My first instinct is do offer a £1 per month agreement via a pleading letter, indicating that I want to repay this when my circumstances improve - say in 6 months time. Surely it has to be in the best interests of both parties not to escalate this right...? I must have run well over £150k through them since having these cards, so they must think twice about it hopefully. I'm going to give them a new budget planner statement for the new address too, as they don't know about that yet. 'll respond to them tomorrow via their digital portal as time is short ! Am I on the right track...? Please help !! Cheers

I got into quite a bit of financial trouble some years back and, through hard work and kindness from my family, managed to climb out of most of it. Unfortunately, MBNA were one of my creditors and they weren't at all helpful in resolving my problems. To cut a long story short, I paid off pretty much all of my debts apart from MBNA who were receiving a minimum payment each month (and I was watching the debt reduce by maybe 5% of the minimum payment). I had a 20% pay cut and something had to give - MBNA were it. I rang them and explained what had happened and asked for help; they refused to give me any. Eventually, I didn't have any choice but to stop paying them. I'm now back on full pay, but before that happened, I received a letter from Link Financial Outsourcing telling me the debt had been passed to them for collection - all £8,000 of it. Fair enough, my own fault. I rang them and asked the guy I spoke to if I could set up a repayment plan. I racked up the debt, I expect to have to pay it back. Somewhat unbelievably to me, he refused. When I asked why, he said they like to give people time to try and arrange a full and final payment. I told him that wasn't going to be possible and that I'd like to set up a repayment plan. He refused again, again citing that I should be able to raise the funds. In three weeks. I asked how he expected me to do that and he said I could probably get it from family and friends. I told him I wasn't going to do that, couldn't do that. He said I'd have to try. I accused him of being less than helpful and he said he'd been very helpful and very reasonable - after all, he'd offered to reduce the final payment amount to £6000 and given me a month to raise it. Then he terminated the call. They called me a few more times to see if I'd raised anything. Each time I spoke to them, I asked them if I could set up a repayment plan as it wasn't going to be possible for me to raise such an amount in such a short time. They refused each time. At one point, I asked why I couldn't pay them back over time.. . I was told that because I was a home-owner, they wouldn't accept a repayment plan, they'd just take me to court. I asked what they hoped to achieve from that, and they said it was their company policy. This morning, I've received a Letter Before Action stating that court proceedings will now be issued against me by IDR Finance UK Limited (who?) without further notice. I'm pretty stressed about this and I really have no idea what to do. Please, please, help! I am not trying to weasel out of the debt - as I said, I made mistakes and I admit I owe money and I want to pay it off; but there's just no way I can pay £8000 (or even £6000) in one go. I'm terrified that they'll take me to court and somehow find a way to take my house. I don't know if that's possible, but it keeps me awake at night. I have a wife and three young children and times are tight. All I want to do is to come to some agreement with them and start paying them off! If anyone has any advice on what I should do, I'd be very grateful. Thanks for reading.

Hey oop. Rusty ol' me passing through, helping someone and I'm pondering on best course of action (not helped by lack of docs from the OP). C/C debt passed from OC to DCA to another DCA, then returned to 1st DCA. Last contact was in 2009 or 10. Suddenly, N1 appeared, lodged by Drysden, of course. OP has no recollection of ever getting a default notice, assignment or anything like that. I've told him to acknowledge for now while I refresh my memory, but I am dithering on where to best handle it. I am thinking: - contact Arrows with CCA request. I am 99% sure that there will not be compliant paperwork, the CC was obtained in 1996 or 7, so odds of a valid contract existing are I think highly improbable. Even if by miracle it still exists, the odds of it having all the required elements and being legible etc is just as remote, IMO. - request paper trail: default notice, assignment. The POC is very generic and vague and does not mention any date at which the notices were supposedly sent to OP, which make me suspicious, in the past, when I have been hounded, if they had followed the paper trail properly, they would say so straight away. - defence: putting claimant to strict proof of, well, pretty much everything: the amounts, assignment, etc. What annoys me is that at some point, the debt became SB then one of the DCAs managed to scare OP into starting payment anyway (he didn't know anything about these illegal tactics)... The aim is either to get the claimants to see they won't get an easy ride of it a nd that this is one defendant which won't go down quietly, a nd hopefully discontinue sooner rather than later. If that doesn't work, then make sure that them chasing after a debt which became toxic a long time ago costs them a lot of money and work by the time OP gets to court. Any opinions, advice, have I missed an obvious trick? Fire away and thank in advance.

I have 2 very old accounts with MBNA, one for a loan and one for a credit card which I suspect are statute barred. Max Recovery took over the account in 2009 and absolutely no payments have been made to them during this time. Max Recovery send me annual statements and this morning I received the 2013-14 statements. Usually the statements just show an opening and closing balance but this year there is a very small credit been posted the account mid year for both the credit card and loan. The amounts are very small but I'm concerned. I am absolutely certain that no payment has been made to Max Recovery during the year so I'm very curious as to what this entry could be for. Obviously I would like to enquire what these entries relate to but don't want to imply ownership of the debt and consequently jeopardise the statute barred status. Would anyone know how I could phrase the letter to enquire what these entries relate or should I just not worry?

Hi Everyone. I have received a Claim Form from these crooked debt collectors for £1649 for an alleged debt with MBNA which was sold to Arrow Global. Issue date is 5th November. Im about 20 months away from this alleged debt becoming Statute Barred. Can someone help me with which process to follow? Do i put in a defence or do i ask them to provide the credit agreement and other documents before i do that? Thanks. PS im prepared to fight them. I have beaten alleged speeding offences on 7 occasions because i understand the law and system. But im new to the CCJ world

I wonder if the learned amongst you can help me with the following. It is regarding a credit card I took out with MBNA in August 2000. It was assigned to a DCA and the DCA has issued a claim against me. For as back as I can remember whenever I have asked MBNA for a copy of the executed agreement they have supplied the following documents, copies of which I have attached. 1. 1. Signature form 2. 2. T&Cs of credit agreement 3. 3. Financial and related conditions 4. 4. Latest T&Cs When I took out the card, I called MBNA, my details were taken over the phone and a pre-populated application form was then sent to me in the post. I signed it and returned it. I don’t ever remember receiving the two documents (2 & 3) above - T&Cs of credit agreement and Financial and related conditions. Both MBNA and the DCA have insisted they relate to the same credit card and that the document (4) Latest T&Cs were the current ones for the same credit card. A few months ago I applied to have the claim struck out on the basis that the prescribed terms were missing and that the default notice was invalid as it made reference to a non-existent condition. This is really obvious when the documents are checked and cross referenced. I pointed out the following and mentioned Wilson and another v Hurstanger Ltd (1) Condition 3 refers to non-existent condition 2.4. (2) Condition 4B refers to non-existent conditions 2.4, 3.5 and 3.6. (3) Condition 5 refers to non-existent condition 2.1 (4) Condition 5a refers to non-existent condition 2.1 (5) Condition 5c refers to non-existent condition 13.1 (6) Condition 8 (APR) refers to non-existent condition 1.11 (7) Condition 9 refers to non-existent condition 1.8 (4) Condition 13a refers to non-existent condition 2.1 (5) Condition 13b refers to non-existent condition 13.1 (6) Condition 15 is misleading I also pointed out that in the document I signed there isn’t a term stating the credit limit or the manner in which it will be determined or that there is no credit limit. The judge didn’t strike out the claim as she claimed I hadn’t convinced her enough!! Now as the matter stands, the claim will be heard sometime next year. In the mean time, I have successfully claimed back PPI on the account. I am now disputing the default notice on the basis that as MBNA debited PPI premiums without my authority the figure quoted in the default notice is incorrect and invalidates the default notice. The fact that they refunded the premiums without much of a fight is confirmation of this. For this I will be relying on the WOODCHESTER LEASE MANAGEMENT V SWAIN judgement. However a couple of days ago the DCA sent me a new set of T&Cs (headed t&cs just supplied) in the attachments. They now claim that these are the T&Cs that were applicable to my credit card when I first took it out. As you can it is illegible but all the missing prescribed terms seem to be there. Where do I stand with this? If they were T&Cs should they be headed Credit Agreement regulated by the CCA 1974? It just seems a little too convenient that after I raised the above points in court, they are able to produce a document addressing all the missing prescribed terms. Can anyone help me with and offer some advise as to how to challenge them on this. Many Thanks

I have a summary Judgement Hearing to strike me out next week following a claim from Shoosmiths in respect of an debt to IDEM SERVICING and would welcome any advice. Should I try to strike the claim out? Can you tell me a if The documents below are all included by Shoosmiths in their trial bundle. (A) If the Claim is valid as it does not include an account number ?.. (B) is the agreement valid I am particularly interested in the rubber stamp signature that seems to have been randomly added at a later date.. . and does it have what it needs to make it a legal ? C) The reference number on the agreement does not tally with the account number they claim they have bought. The Default notice does not tally with the account number they have bought. How does this affect the case? D) They have provided no notice of assignment. I applied to idem for any documentation they had on me .. . The terms and conditions they supplied were not the same as those provided by shoosmiths. Idem only contacted me a couple of months ago .. before I was talking to Arden.. Is there a rule about masquerading? Thanks for any help you can offer. Will keep in touch and let the forum know the outcome

Hi have had a ccj in 2010 as I had a very bad debt management company after losing my job, I have not heard anything from this debt since the ccj is obv still sat there on my credit file the account havent been updated for nearly 3 years, I know the court papers were never returned Im sure I didnt sign any agreement I applied online for the cards and never that organised to return them when they arrive, would you cca them or let it lie thanks

I applied for an mbna credit card. They demanded 3 months bank statements I asked why. They said to verify your income. I said the agency I work through will certify my income, they insisted on the bank statements. I said I wasn't prepared to hand over bank statements as I didn't need the credit and it was not worth it just for airmiles. Because mbna upfront the obtaining of security information I was now in a position where they had the same security information as the other credit card I have (same password, mothers maiden name) plus they had all the account details. Yes I said the same password, for me it is the lesser evil than having several passwords that I now have to write down (which to me is a worse security risk). When I called mbna to terminate my application they took me through security in the course of which the operator repeated to me my entire password. Now to my understanding they are not supposed to know this and it is an obvious security risk if they do. I am accustomed to a bank accomplishing security checks by asking for certain characters of my password. I pointed out that as I had terminated the application it was unacceptable for them to retain my security information and they should delete it. That was 6 months ago. Since then I have written and been sent responses where they have asked me to call. When I call I am told that they want me to go through security and I tell them I'm not doing that because they shouldn't have that information. So they have had a formal complaint and a Section 10 notice asking them to delete my information. In the complaint I said I believed their security was lax and not competently administered a nd put me at risk as they were holding the same information as other financial institutions who I do hold accounts with. I wrote this letter at the end of April. In July while I was abroad I was alerted that somebody had obtained my password and attempted to access my credit card account online, consequently my card had been cancelled and I would have to change m my password. I rely totally on credit cards while abroad so was left more or less financially stranded by this. In August mbna produced their letter full of regret and tell the ombudsman if you're not satisfied. I told them that things had moved on - my account had been hacked which was exactly the consequence I had warned them of and they were being held responsible. I also told them they had not responded to the section 10 notice. They replied denying receipt of the section 10 notice and said that in any event they were required by the Consumer Credit Act to retain data about my application for a card. I agreed but said that requirement does not extend to the security information that I told them to delete. They said they would investigate the breach ... we take security very seriously blah blah... 7 weeks on (they said they needed 8 weeks to investigate) mbna have never contacted me to ask what account was hacked or when.. . .so much for a rigorous investigation. We are in a standoff. I've told them they are responsible for the breach of the account (note my bank account which they also have but doesn't share that password was not hacked). To date they have not deleted my security information. I am ready to take them on but am thinking of not basing my case on the Section 10 notice as it probably mean I am not eligible to be heard in the small claims track. I'll mention it but not seek remedy under it and I am hoping the ico will tell them to delete the data. something to be wary of if you ever abandon an application with a financial institution.

c I have a long running complaint with MBNA, which is stuck in the MBNA interpretative calculations thread. I’m looking on a second opinion on these circumstances. My own complaint is not based on a miss sale but MBNA applying PPI when the original application which I have a copy of stated no to PPI. The communications log I have with MBNA starts in June 2000; PPI was applied from Jan 1999 the start point of the card. I have no recollection of discussing PPI with MBNA other than requests for it to be stopped which they refused unless I paid the card off in full. In my own case I don’t receive any benefit from my claim; it has only been brought on a matter of principle. Any claim belongs to my trustee in bankruptcy, but if MBNA were to pay out using FOS guidelines the amount would have cleared all my unsecured debts plus my mortgage arrears at the time and still l have left a reasonable sum. I took the decision to declare bankruptcy due to MBNA constant harassment and wanting to be able to start living again. If I was aware in 2010 that I had a claim with MBNA that would have cleared all my unsecured debts, then I would have continued to struggle on until it was resolved. Now MBNA have offered to make a payment in goodwill, I had to agree to this in principle before the offer was sent out. . Can I reject the offer of goodwill and ask MBNA how the PPI was applied to an account which did not give authority to do so Even looking at the rather understated offer by MBNA the Credit card would have been paid off in 2009, the extra £130 a month I was paying them would of cleared my mortgage arrears in 6 months at that time. My real question really is if MBNA aren’t going to play by the rules in regard to PPI redress can I take my complaint to a higher authority. Is there a potential to make a claim for consequential losses?

hi lovely people i sent a CCa request on 21/04/14 to Lowells for MBNA old debt from 2005, i have been paying token payments since 2005. i havent had a reply back to CCA request and have recieved a letter from Hamptons legal re-payment options. i have suspended payments since, but while going through the paperwork, i have noticed the a/c number on all their correspondence over the years does not match the account number in question. should i querry this with them?

If anyone can help with the following it would be most welcome - I have a deadline for this of the 30th September 2014. I will keep it as brief as possible.... I have had a MBNA credit card for ~ 7 years with a balance of £1,800. During this time I kept up with monthly repayments of ~ £50 a month. 18 months ago I entered a bout of ill-health which culminated in me having to resign from my job. I went on to benefits which gave me enough to live on but not enough to keep up with the card payments. I informed MBNA and they transferred my account to the specialist team (due to ill health). After 7 months they informed me that the account would soon default. I was informed that I could make a partial settlement for some of the balance. I researched partial settlements and got the impression that they were a bad idea - that the remainder of the debt was often sold on leading to pursuit from a third party, and that you needed it in writing that it was a "full and final settlement". I made an offer of £400 for a F&F settlement using a letter template from a debt advice website (my Dad and sister agreed to help me out as much as they could financially because they didn't want DCA's knocking on my door whilst I was suffering with ill-health). The offer was accepted, but the letter does not state that the settlement is full and final. I have rung numerous times requesting it be F&F and they always say that it is not possible because the full amount isn't being paid. Today I rang Stepchange, the Financial Ombudsman, the Financial Conduct Authority and the Money Advice Service and read the letter out to them. None could give me much advice except for the FCA who said whilst listening they were looking for the words "cancelled" and "zero balance". I rang MBNA asking if I could have a letter with those words in but they said they only send out standard letter templates, not tailored letters. The FCA also said to ask what happens to the remaining debt. All the operatives at MBNA will say is that "it is written off" - what does that mean? I don't understand; if the debt is written off, why can't I have it in writing that there will be a "zero balance". If the balance isn't zero then doesn't the debt still exist? Here is the letter: Dear .... Settling you credit card account Thankyou for your partial settlement proposal, we're happy to accept your offer of £400.00 in partial settlement of your account. This is conditional upon us receiving your payment no later than September 30th, 2014. After receipt of the required payment, we'll close your account and register a partial settlement with the credit reference agencies. Credit reference agency information lasts for six years, so this may affect your ability to obtain credit in the future. What happens if you don't make the payment? It is very important that we receive payment of the above amount, in cleared funds, by the date above. If this doesn't happen, then we'll take steps to register a default with the credit reference agencies. Once registered the default information would last for six years and may affect your ability to obtain credit in the future. We'd also close your account and may sell the outstanding debt to another company, who would try to recover the money from you. If we do sell your debt or pass it to an external debt collection agency we will make sure the details of your financial circumstances and recent payments you have been making are passed to the relevant company. .... .... Yours sincerely Head of Collection Operations I missed out some of the letter, but the above contains all of the salient points. After speaking to the FCA today, I spoke to MBNA and asked for a letter specifically containing the words "cancelled" and "zero balance". This is what I got back (letter-headed, at least): What happens when you proceed with a partial settlement? We will: · Register a partial settlement with the credit reference agencies for up to six years, which may affect your ability to obtain credit in the future. · MBNA as well as any other third party will take no further action to recover the remaining balance. · Close your account. To me, it sounds as though the debt really will be written off, and that there is no chance of me being chased either by MBNA or a third party. However numerous forum discussions from around the web state that partial settlements are a bad idea, and you don't know whether you will be pursued further down the line. I don't understand why they are so cagey about saying the debt is written off and about saying that there is a zero balance. Can anyone provide a final answer to me as to whether I should go through with this settlement? I want to settle this debt once and for all, but at the same time don't want to be taken for a mug - if they end up chasing the rest, what is the point in paying the £400 in the first place? I fully accept that my credit score will be affected - I know that is unavoidable. However my concern is that the debt still exists; that there is still an outstanding balance. I am worried that they will somehow find a way of recovering the remainder of the debt. I know people will say - "Ask for F&F settlement" etc. but they categorically refuse to do that because I am not paying the full amount. (NB. The F&F team at Stepchange said they don't get involved with F&F settlements with banks unless the debtor can provide half the amount of what is owed; the current settlement I have with MBNA is just under a quarter). It seems impossible to get anything out of them other than a standard letter - if anyone can guide me as to how to get a letter out of them saying what is needed to ensure this is the end of the matter it would be warmly welcomed. (i.e. what is it that needs to be said, and how do you get them to put it down on paper - they always say they can only send out templates; do you have to speak directly with a senior manager?). Apologies for the long post - any advice is welcome. Thanks, Charles

Just need a quick piece of advice as waiting for a senior manager from MBNA to phone back. I have a loan with them, and have been paying off an amount each month under an arrangement. I have missed a couple of payments, and received some letters etc. I phoned on Friday to bring the payments up to date, gave a CC number to do this, which they took. They told me on the phone all was ok, now up to date. Later that evening they left a message on my answer phone to appologise but that they didn't realise I was paying with a Credit Card, they only accept Debit cards. So I phoned on Saturday and paid by debit card. They again confirmed that everything was ok. I got a letter yesterday, dated 1st Feb saying, "our records indicate that you have defaulted on your reduced payment plan. Failure to repay the missed payment and subsequent payments will result in the registration of a default at the Credit Referece Agency and the eventual termination of the agreement" etc. etc. I assumed, given the date, that it had just crossed in the system with my payment, but I thought as I had a spare moment today, I would just give them a call. The girl on the phone was very appologetic and said that defaulted the account on 28th, it was now showing as a balance of Zero as they have sold the debt on. WHAT? I have requested to speak to a senior manager and one is due to call me back. Where do I stand with this one, does anyone know? Many thanks, SD