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  1. Thanks, I had sent a letter to Brian Carters on the: 14th November 2011 explaining I was in dispute (on the items listed above) and they were not to sell the debt as a consequence. 18th November 2011 Carter's sent me a letter saying they were agents for MBNA, they had no record of a valid dispute and I was to contact MBNA for clarification. 8th February 2012 Carter's sent me a letter headed "FINAL NOTICE RE: Arrow Global Guernnsey Limited" "We have been instructed to act in connection . . . . " 3rd April 2012 Letter from Rockwells, acting for their Client Global Arrow. . . . many more from various DCAs 30th September 2013 My first communication from Global Arrow asking me to detach and return prepaid form to opt out of future offers. 29th October 2013 Arrow sent me notification of transfer to new agency, Restons Stating Date of transfer to Global Arrow 20th December 2011 NO, I HAVE NOT RECEIVED any letter from MBNA or Global Arrow about 'Notice of Assignment' of the debt (I had misread the correspondence from Global, sorry)
  2. Date of Issue: 26th Feb 2014 What is the claim for – the reason they have issued the claim? POC: The Claimant claims payment of the overdue balance from the Defendant under a contract between the Defendant and MBNA dated on or about 26/02/2009 and assigned to the Claimant on 20/12/2011 in the sum of 4490.21. Particulars a/c no: *********** Date item value 29/10/2013 Default Balance 4490.21 Posr Refl Cr NIL Total 4490.21 What is the value of the claim 4490.21 +court fee 85.00 + solicitors costs 80.00 4655.21 Is the claim for a current or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Assigned from MBNA (O/C) to Claimant : Global Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? Eventually, Yes Did you receive a Default Notice from the original creditor?YES , 7th March 2011 Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NEVER, Notice of sums in arrears, Jan 28,2011 and 28 March 2011 Why did you cease payments:- Cheap deal on self certified, interest only Mortgage can to an end, bad weather as an outside worker, Brother divorced and living with me – suffering from depression. Took an up an awful lot of my time to keep him out the pub. 'Usual' problems of ex-partner not allowing access to young children unless maintenance payments made, these were voluntary payments. Overcome now – one lives with me the other wants to but my hours are limited to school time and no weekends. An emotional benefit well worth the financial loss. To be honest MBNA didn't put up a fight so I left it on the back burner. Was there a dispute with the original creditor that remains unresolved? Yes, Only by me questioning the on-line agreement – 'no signature' or IP address. And they took 2 days extra (second class) to send me a agreement – over the time limit and I slipped in the fact that a member of MBNA staff had signed a Balance Statement when I asked for a signed copy of the agreement and they confirmed this in a covering letter. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt Management plan? NO, they acquiesced to all my demands to go away. What you need to do now. Answer the questions above If you have not already done so – send a CCA1974 request to the claimant???? Restons or Arrow????? Do I include ONE POUND POSTAL ORDER? , Will do this tommorrow 18th Tuesday - can I email them? Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied withinthe claim form. Request 1 - Loans/Credit CardsDone, Restons 7 days are up Tuesday 18th. They had returned my letter saying there was no signature on it and could not confirm it was from me and needed me to sign the letter. They have no supplied any information reqested - so far.I was going to send them a snotty letter today Monday 17th with the letter returned but but checked e-mail at lunch time and am replying to these questions this evening. I was hoping to defend the Claim as a point of principle; they have more money than me - but the question is is my defence any good? Should I bite the bullet and damage limitation? Not too worried about CCJ, besides the Mortgage (Interest only) to keep the family together in one place I have another £15,000 of O/D, CCs (on a cheap rate , O/D is proportionality more) After 12 years I'm finally breaking even with self employment and all my children are happier here with me. What do I do? - I struggle on . . . like every one else.
  3. I have received a Claim, via Northampton, from Restons for an assigned MBNA CC debt. I have used the advice on this site with good effect with MBNA, various debts collection agencies and solicitors but am now faced with this POC saying I have a contract with MBNA – which I need to reply to the court by the 31st March: I have CPR 31.14 Restons and they refuse to acknowledge my letters saying there is no signature so they cannot verify my identify, despite my first letters being acknowledged. The request expires in the next couple of days.This is standard for Restons from what I read here. I know they won't acknowledge a request for an extension to serve a a N244 do I persist and enforce the request of documentation because it is shakey or do my save my bunce, identify the lack of documention and cooperation and to the court in my defence and use “The Mould's” letters of the proof of their claim. How valuable an asset is having a Statement of Account signed by an MBNA staff member and the covering letter indicating this to my defence, as possible attempted fraud, or will this be put aside as a 'clerical error'? I have lots of other 'clerical errors' as a defence. Any advice would be good - as to the direction I should take - Thanks everyone, you've made peoples lives a lot easier out here in the woods.
  4. Thanks dadofholly, The DN is on my Credit Record. They did send me; the CCA with "up to date terms & conditions" - they have sent me amendments of the T&Cs during my dispute with them; and a copy of the most recent statement- which someone in the MBNA office had signed (? - I did ask for a true, signed copy of the original agreement) which showed charges of interest and default sum charges, but no PPI or collection charges. These interest and default charges add up to £53X.XX from the original amount outstanding. Many thanks - this.bloke
  5. Yes I've sent a CCA request, the agreement is after April 2007 (infact Feb, 2009), I'm told by other member's it's an enforceable agreement. The application was make via the internet, so no signature, only an X in a box. There is a session_id number and reference and further coding at the end of the last paragraph. What's the Brandon Appeal? please inform . . . . I'm currently checking the CRAs to see if the DN is there. Many thanks, this.bloke
  6. I have received the following letter from Bryan Carter Solicitors in regard to an MBNA account; Date 17.Oct 2011 Our Client MBNA Europe Bank Ltd Our ref: XXXXX Account No: XXXXX Balance XXXXX Dear this.bloke, We write with regard to this outstanding debt. Payment must be made in full within the next fourteen days failing which we will recommend yo our client that further action be taken. Before we are formally instructed to act you still have the opportunity to contact Frederikson International Ltd with your payment proposals. in order to avoid further action you should telephone them immediately on 0845 313 6627. This is a serious matter and you may wish to seek independent legal advice. Your sincerely, Bryan Carter I have had the following advice from CAG members before: Ok so the default notice is invalid if they sent second class post. I.e Its dated the 07th so first date of posting is the 8th, so it will have been received on the 11th. You have a statutory 14 days after the date received in which to remedy the default notice, the 12th till the 23rd (i.e. date before the 24th as stated on the notice) is not 14 days but only 12 days. If the envelope has a post mark in the top right corner containing an S then its second class post, and MBNA usually do sent second class. So it would seem MBNA with all their wealth and top of the range computers, they are still not able to work out that it's 4 working days postage for second class, followed by 14 days and not 2 working days followed by 14 days. They seem to think default notices sent second class will arrive in just 2 days when the law states they are not deemed as served til 4 working days. Though if it was sent first class then it would be valid, so its important you still have the envelope and that the envelope shows an S in the postage stamp. **If they have not yet sold the account, then do not say anything about the invalid default notice, as invalid default notices can be remedied by the original creditor if they have not sold the account, but once the account has been sold it can not be remedied and as such the sale of the account amounts to unlawful rescission of contract** What should I do next? Fire off the letter about possible invalid default notice ( as I do not have the original envelope it came in ) or sit tight and wait for a further demand or court letter? All advice welcome, cheers ,this.bloke
  7. Thanks teaboy2, attatched are the two dated letters 2pp.pdf
  8. Well teaboy2, received a default notice on 7th March for one amount and the termination on 12th May for another higher amount, presumably for more interest added. They have not sold it on to a third party yet, but did, this morning, receive a call from a credit agency I have not heard of before. What is my best option? Bite the bullet and make an offer to pay a lower amount, without interest over a number of years? Or stand fast and refuse to pay at all. I am happy to be belligerent as the sum owed to MBNA is about the same as the bank charges I have had to pay over the years. Thanks for your time - this.bloke
  9. I'm in financial difficulties with this MBNA credit card. The credit card application was made on-line in 2009, no signature - Can any one tell me if this agreement is enforcable? No payments made since the interest-free period expired. Their letter dated 20th April arrived 25th May. So, in chronological order, has any one got a good template letter, for their lengthy reply or should I just reply, if at all, to the last letter dated 12th May? Any help greatly appreciated 3pp.pdf
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