MBNA my rights please

[dx100uk]

did you send MBNA that sar?

 

dx

[Lilly_Monroe]

if MBNAare selling the debt there is something wrong with it

 

find it

 

What do you mean - please?

[Lilly_Monroe]

did you send MBNA that sar?

 

dx

 

No I was waiting to see what they were going to do with the debt ie sell or court.

Is this the right time to do the SAR now.

This is all new to me so have no idea what I should be doing or not doing.

Basically up to now I have kept my agreed payments up and given them nothing (outside the amount I owe) to throw at me.

Now they are selling the debt what should I do next.

 

Thanks

[Old Cogger]

did you send MBNA that sar?

 

dx

 

 

 

answer this and we may know why?

[Old Cogger]

No I was waiting to see what they were going to do with the debt ie sell or court.

Is this the right time to do the SAR now.

 

 

send it 1st class to-day, do not hang around, as then account in dispute until they respond to the request.

 

send recorded delivery.

[dx100uk]

sar does not put the account into dispute.

 

when you get the postal order from the PO counter

 

make it out to MBNA

 

pop it in the env with your SAR letter

 

and put a 1st class stamp on it

 

then give to the counter staff and simply ask for free proof of posting.

 

dx

[Lilly_Monroe]

sar does not put the account into dispute.

 

when you get the postal order from the PO counter

 

make it out to MBNA

 

 

pop it in the env with your SAR letter

 

and put a 1st class stamp on it

 

then give to the counter staff and simply ask for free proof of posting.

 

dx

 

 

Done that - thanks.

[Lilly_Monroe]

I have received the letter from Aktiv Kaptital saying they have taken over my MBNA debt.

 

There is no way I can make increased payments to them,

but intend to keep up the £10 a month (which I was paying MBNA).

 

should I just make that same payment and wait and see what happens (what they come back with).

 

Also I sent a SAR request to MBNA on the 8th August nothing so far

- but that will not alter anything will it.

[Old Cogger]

I have received the letter from Aktiv Kaptital saying they have taken over my MBNA debt.

There is no way I can make increased payments to them, but intend to keep up the £10 a month (which I was paying MBNA).

So, should I just make that same payment and wait and see what happens (what they come back with).

Also I sent a SAR request to MBNA on the 8th August nothing so far - but that will not alter anything will it.

 

 

go to A.K. Site and look to find repayment schedule i..e. small discount if you pay over 5 years more discount if you clear earlier, you may have a big problem if you stick to £10 per month, you could try but these are nasty greedy people, if you want a plan it has to be one of theirs usually, they are out to maximise their profit without loss,

 

you can also get a bonus for setting up your monthly automatic payments online.

 

To see the plans available to you, please login with the reference number and password you’ll find in our letters to you. If you don’t have a login, please contact us.

 

 

 

 

 

Payment period

Pay over 3 months

Pay between 4 – 12 months

Pay between 13 – 36 months

Pay between 37 – 72 months

Can’t pay within 72 months

AK Plus

Maximum savings

20% AK Plus

15% AK Plus

10% AK Plus

5% AK Plus

Interest frozen

+

+

+

+

+

No calls while paying

+

+

-

-

-

Online Bonus

n/a

3% Bonus

2% Bonus

1% Bonus

-

 

 

Regulated by the Office of Fair Trading (OFT) consumer credit License No 0510166.

 

Members of Credit Services Association (CSA) and Debt Buyers and Sellers Group (DBSG).

 

Aktiv Kapital (UK) Limited Registered Office: Wells House, 15-17 Elmfield Road, Bromley, Kent, BR1 1LT.

 

Company Registration No 4267803.

[Lilly_Monroe]

go to A.K. Site and look to find repayment schedule i..e. small discount if you pay over 5 years more discount if you clear earlier, you may have a big problem if you stick to £10 per month, you could try but these are nasty greedy people, if you want a plan it has to be one of theirs usually, they are out to maximise their profit without loss,

 

you can also get a bonus for setting up your monthly automatic payments online.

 

To see the plans available to you, please login with the reference number and password you’ll find in our letters to you. If you don’t have a login, please contact us.

 

 

 

 

 

Payment period

Pay over 3 months

Pay between 4 – 12 months

Pay between 13 – 36 months

Pay between 37 – 72 months

Can’t pay within 72 months

AK Plus

Maximum savings

20% AK Plus

15% AK Plus

10% AK Plus

5% AK Plus

Interest frozen

+

+

+

+

+

No calls while paying

+

+

-

-

-

Online Bonus

n/a

3% Bonus

2% Bonus

1% Bonus

-

 

 

Regulated by the Office of Fair Trading (OFT) consumer credit License No 0510166.

 

Members of Credit Services Association (CSA) and Debt Buyers and Sellers Group (DBSG).

 

Aktiv Kapital (UK) Limited Registered Office: Wells House, 15-17 Elmfield Road, Bromley, Kent, BR1 1LT.

 

Company Registration No 4267803.

 

 

I cannot afford any more than £10 a month, even that is more than I really have.

I alive alone and claim benefits (ESA) so if they push there is nothing I can offer.

 

Will go to website.

[Old Cogger]

Or contact them in writing explain your sitation and the £10 per month and see what they say? just a thought, or go to their website and pay your £10 in there and see what reaction you get from them, there is a section to pay on their site>

[Lilly_Monroe]

I have paid my usual payment to Aktiv that I paid MBNA.

 

They keep trying to ring me, numerous times a day even though I asked for NO calls (almost up until 8.00pm).

I do not answer.

I know they will not accept this payment long term, but it IS all I can mange.

What next?

By the look of things because I cannot commit to a payment plan of their choosing, interest is going to be added to the amount I owe.

[dx100uk]

that's ok tough!

 

I can see things changing once we have the SAR data

 

dx

[Lilly_Monroe]

that's ok tough!

 

I can see things changing once we have the SAR data

 

dx

 

Thank you, I am hanging on in and do not intend to cave in.

Not because I am a 'warrior' simply because there is no more to be had.

 

Nothing back yet from MBNA in respect of the SAR.

Does the time countdown start the day I sent the letter, or the day they cashed the money.

 

They have just rang this minute...

[dpick]

We normally start counting two days after posting and as dx says wait and see what they send with the sar may be many refundable charges and possible miss sold PPI

 

dpick

[BRIGADIER2JCS]

40 days from the day the SAR is received

[Sappho54]

Lily Monroe, have you got the credit agreement yet? Without it how do you know they have an enforceable debt?

[Lilly_Monroe]

Lily Monroe, have you got the credit agreement yet? Without it how do you know they have an enforceable debt?

 

All I have is a letter telling me they have taken over the debt.

how much I owe, and ways to pay it.

 

Nothing else.

[Sappho54]

OK, now you need to make a CCA request to MBNA enclosing a postal order - which you must not sign.

Post it up here when you get it and i am sure you will get expert advice.

 

They have 14 days to supply it. The DCA cannot enforce if they are in breach of your request.

 

MBNA probably don't have a compliant doc, - which is why they sold the debt. If it is not enforceable then you can take a decision whether to pay or not.

[BRIGADIER2JCS]

12 + 2 working days for compliance with a cca request.

 

Should BE Sent to Aktiv Kapital NOT MBNA>

[Sappho54]

Yes, stand corrected, should be to the DCA chasing. 12+2 is 14 Brig!

[BRIGADIER2JCS]

Yes, stand corrected, should be to the DCA chasing. 12+2 is 14 Brig!

 

Yep always Working Days, no weekends or B.HOLS>

[Lilly_Monroe]

Thanks everyone.

Will send on Monday to be signed for.

[dx100uk]

just use 1st class - with proof of posting - its a dca not a court

 

adapt the following text to YOUR details.

DO NOT SIGN THE LETTER!

get a £1 BLANK Postal order

write on the back

for statutory £1 CCA FEE ONLY.

leave the payee BLANK

post the two off by 1st class post, get proof of posting from PO counter

they have 12+2 WORKING days to comply.

 

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

 

of the Consumer Credit Act 1974.

I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other [PC print yourname - do NOT sign it!]

 

 

dx

[Lilly_Monroe]

Can I ask why the NO signing anything.

Will do as stated in reply (thank you)!

 

I seem to recall I took my MBNA card out after a cold call from them.

 

I do not remember ever signing any paperwork (might be wrong).

 

If I did it was only a piece of paper - and I never had a copy.

 

I also originally was paying their insurance to cover illness etc.

 

They told me this was not valid owing to the reasons I defaulted on the required payments.