Not sure if this has been covered before. I have over the past 8 months received several legal threatograms as we like to call them. Obviously 99% of these are generated by the current DCA and have probably never seen a solicitor in ther short lives. My point is I recently received a standard threatogram from the beloved Mr Munn. Having dug into the legality of said comunications I do believe that Mr Munn has been rather naughty. The following link is to one of the SRA's rules of conduct. Solicitors Regulation Authority - Code of Conduct: Rule 7 I made some enquires and it appears that Munn's is a firm of solicitors which is fair enough so no company number registered address etc. But and its a big one I quote. Identifying your firm Rule 7.07(1), as amended on 31 March 2009, applies to the letterhead, fax heading, website and e-mails of a recognised body or recognised sole practitioner. The effect of the rule is that: (a) a sole practitioner must state his or her SRA number and the name under which he or she is recognised; (b) a partnership must state its SRA number and the name under which it is recognised; and © an LLP or company must state its registered number from Companies House and its corporate name. So it appears that Mr Munn has breached the above rule or the threat monkeys have old stationary I don't seem to see a SRA number anywhere. Looking on the law society website it appears that Mr Munn is indeed by himself so I'm not sure where the term "Solicitors" on his letterhead comes into play. Has anyone else received such threatograms without the required info? Pumpytums

Hi everyone, after a letter from ARC I have received a letter from the dreaded Mr Munn. Its so scary I can hardly type, it the usual "we have been instructed to prepare a County Court Claim in ten days blah blah blah". No address for Mr Munn just a PO box so its sent from the ARC's legal shed. To whom should I write egg, Munn or Arc? The account has the usual approved limit CCA, Egg haven't fully supplied my SAR so a letter before action was sent early last week. Is it worth even bothering replying to the Munn letter? should I just reply to ARC? thanks for any advice Pumpytums

Hi Vint, I only found out about the US comment when I received the additional documents from MBNA. It was in a response to a letter from the CAB requesting they freeze any interest. To quote the letter "It may be easier for you and your client to call us so that we can discuss the situation together. Once a decision has been made and the payment amount is sufficient to meet our minimum criteria in accordance with US regulations, we will be able to review current interest rates and fees immediately" How nice of MBN@ so basically it was a case of put up or shut up thanks MB. They we actually charging 34.9% at this point my default didn't arrive for over 8 months. On a £8k alleged debt do the maths. Lots of PPI and charges I will be having those back thank you very much. As I now owe MB £0. Nothing from Exspurto interestingly the debt was sold to them Varde were not mentioned on the comms log from MB. So I assume that Exspurto are the UK arm of Varde. Cheers Pumpytums

This will make you laugh I receive another small bundle of documents this week. Naughty MBN@ outside the 40days.One of them was a reply to the CAB saying that they wouldn't suspend the interest as it was against US regulations. Made me laugh, they can't even update their own letters to come up with a better excuse than that. I also notice that I haven't received my default notice from my SAR (I have the original very safe) time for a letter before action I think. Notice of assignment missing too. Pumpytums

Hi everyone, I actually thought Crap 1 were better than some of the other companies. I actually realise the truth now they are actually useless. To date no reply to my CCA just "a we require a copy of your passport/drivers licence" letter. So account clearly in dispute I have sent them why I will not be providing such information. The reply more of exactly the same letter for my signed documents. The replied to my SAR, you guessed it one of the above letters even though they cant even remember to put my references on them. Continuing letters from old Fred and a lovely letter from old Bryan, please your scaring me. How similar the Fred and Bryan contact numbers are I wonder why????. Basically I have enough of this shower so its letters before action. How do I proceed with the action please? I'm still paying token payments I really don't understand why now I actually thought MBN@ were bad but at least they were persistant and they could print a letter correctly. This lot must be the country bumkins of the financial world. All comments wil be gratefully recieved. Pumpytums

Hi yourbank, thanks for your reply. Yes I have a great deal of charges+PPI on my cards. The one I'm worried about is the MBNA they have an illegible agreement, the DN was flawed and to top it all they sold it on while the DN had more than a week to run. I don't want to get drawn back in in-case of unlawful enrichment, I have asked on my MBNA thread but to date no one has replied on this matter. But yes I am in process of claiming my CC charges the companies are just very slow at sending the data, 2 of which I may add have now gone past the 40days. So letters will be off this week. Thanks again Pumpytums

Thanks Bankfodder, I should have re-read my post my apologies. Too be honest I want the fees and the unlawful charges to write off my defaulted OD with Natwest. Thats what I meant by wanting the debt to go away. I have used the complex spreadsheet to calculate the proportion of each month interest from charges. One thing I didn't do is feed the proportion of interest back into the calculations eg one month I get charged £50 interest half the OD amount is charges hence £25 of the interest is unlawful too. Should I feed this into next month calc or can things get messy in claims for compound interest? Over the period of the account however (20 + years) I have taken out loans etc to pay off the OD balance. I didn't even realise that I could claim this, thank you very much it does make perfect sense however. The bank takes my money, charges me the OD rate on it I then borrow money at a rate (sometimes from the same bank) and get charged interest on it too. My word I have never realised how deep it can go. I do believe now that the bank owes me more than the defaulted OD, I must thank you for bringing this to my attention. At present I have only sent as a preliminary unlawful fees + levied interest I haven't included the 8% yet. This will of course be on my next letter once the 14days are up. I have also sent a separate letter requesting my advantage gold fees back and also the levied interest on the OD amount. Too date I have received no reply to the fees letter which from other threads appears to be there tactic. Thanks for your help time to recalculate I feel Pumpytums

Hi I have a large OD with Natwest, I have sent a SAR and have now calculated the charges on the account I believe I was also miss-sold Advantage gold on the account too. The total claim including the 8% I could maybe get if it went to court would be approx 85% of the OD. Ok I have a few question reading some of the threads in this forum I will not be accepted under the hardship cases, I have problems but no council tax or mortgage arrears. Is it worth me sending the I&E form back I don't want Natwest to be able to use the information I submit against me if they decide to take me to court? Secondly some of the charges on the account go back more that 6 years do I still include them in my court claim? Basically I want Natwest to go away the charges and miss-sell virtual cover the OD outstanding amount. By the "test case" been on hold I'm hoping that this will stop any further action by them on this account. Can anyone offer any advice please? Thanks Pumpytums

Just a quick thought would it be worth adding "Without prejudice" to my I&E details so it can't be used against me. Pumpytums

Hi M&M, I sent mine to MBNA, my account was still with them at the time but I wouldn't want a DCA looking at my SAR. I sent my SAR to address below. Customer Advocate Office MBNA Europe Bank Ltd Chester Business Park Chester CH4 9FB Still no reply to my CCA though, from MBNA. May I just thank everyone for the help they have given me, and I will try to pass on the few nuggets of truth to others. Also a special thanks to Vint the letters away my friend, lets see what happens. Pumpytums

Ok, a quick update I received my SAR early last week. It basically confirms in black and white the date the DN was sent and also just of a week latter the sale of the alleged debt to Exspurto (tm M&M). Oddly the sale was too Ex Cred not Var*e as the letter I received detailed. So to sum up the CCA produced a illegeible response badly scanned the SAR confirmed that this is the best they have. The DN had no arrears and was also short on its 14 days after service due to 2nd class post. The alleged debt was 100% confirmed sold before the actual DN expired. So MB have resinded the alleged agreement, can I now go ahead and claim back the PPI and charges or could it be considered unlawful enrichment? Should I also contact the CRA to get the default removed as the company on my credit file (EX Cred) clearly never had any riight to the alleged debt. The comms log makes interesting reading. Thanks in advance Pumpytums

Hi everyone, I received my I&E form from Natwest on Monday, what are the chances that I will be accepted as a hardship case. I currently have no mortgage arrears etc I just have a small amount left for creditors, and of course about 5 defaults from them all. If I don't get accepted as a hardship case and I file in court for my charges as the normal route can they take any further action? My charges and mis-selling with 8% probably take 85% of my OD they defaulted on. I'm currently making token payments to reduce the balance. After all they shouldn't be able to have their cake and eat it, or would it simply be a counter claim? Thanks in advance Pumpytums

Thanks again Mistermind, its more the case that I want to see if the DN is correct. I have others which are far from legitimate, the egg one is one of the ones I have missing I just want to complete my paperwork for possible future events. Thanks again Pumpytums

Thanks Mistermind, I received the inch thick reply, unfortunately they only sent statement back to approx 5 years I have had an account with them from 2001. They were very quick to default from looking at my credit file less than 2 months, which came a bit of a shock. So if it ever went to court would they have to produce the default notice they allegedly sent me? If so how do they prove it was ever received if not signed for? That was the one of two pieces of information I wanted along with my statements back to 2001. Time for a letter (or ten) I feel. Thanks for the information. Pumpytums

Hi Eos-5d, don't worry thats a standard threatogram (tm MBn@) they send these type of things to flush out the won't pay from the can't pay. I felt the same as you 6 months ago, then after reading threads like pompeyfish has and others you learn how these so called organisations work. The one above is probably one of the worst, I have to thank them though as they made me want to fight back. I hope this helps. Pumpytums

If you look on my thread Vint wrote a great letter to send (the second one). I haven't sent mine yet to EC, as I'm waiting for my SAR back. I know mine was sold before the DN expired too, also the DN was bobbins. No arrears, and 2nd class so no 14 days to DN expiry. Close but no cigar. Pumpytums

The best ones that I had were from a company, not MBN@ I may add asking me if I wanted to set up a secure loan to clear outstanding debts. Another time a lady phoned me up and hinted big time that maybe their was some other way I could raise the money. Not sure if she meant a secure loan or maybe "money to be made down the docks" very confusing:) Pumpytums

Hi Royalblue1878, they can but I believe that by doing so they have terminated there own agreement. A debt can only be sold once the account is terminated. And of course you won't be signing a new one will you. Has the default notice expired? If not do not post it. A great deal of people have had exactly the same series of events in the last few months. Make sure you keep the envelopes, could possible be the most piece of information that you may require. Your credit file may also yield some interesting info. Have you SAR'ed them yet? Pumpytums

Hi everyone, due to financial difficulties I had to stop paying my card bills. Needless to say according to my CRA file old egg filed a default rather quickly. This happened very early this year. Fast forward to present early last month I received the contents of my SAR. I'm 100% I have never received a default notice or termination of account from egg, and guess what there was neither in the SAR bundle. The documents they sent were very detailed but I got much less than 6 years statements (the account has charges) ideally I wanted all my statements back to 2001. The CCA produced the standard "Eggy CCA" i.e approved limit rubbish Should I now contact them stating that they have not fulfilled their SAR as the 40days is now up? Thanks Pumpytums

Not yet M&M, we will see though my SAR is up very soon too. So could be interesting soon, will keep thread up to date. Pumpytums

Basically my reasoning behind claiming my advantage gold charges back is this. I have no written record of ever requesting them, so I therefore concluded that they were sold to me over the phone (this was 10+ years ago) or they were just added. I have never used the benefits and the charge has gone up, I knew I had AG but I was in some way frightened to cancel it I know this sounds weird. But up to a year ago I held financial institutions in awe I couldn't question them etc, obviously now I put them somewhere below predatory piscine waste. I digress, so I'm going for the miss-sell which it is I never have used the benefits and every time I tried I hit a wall and I moved on. I hope this helps. Pumpytums Pumpytums

Thanks Ieuan would it be possible to scan and post it please? Letters away today time will tell, we should be classed under the hardship case and if they pay the full amount (+8% at a latter date) it should sort Natwest out one less creditor to worry about. I'm more annoyed about my partners credit file we only ever put her on the account to pay a joint name cheque in worst mistake we made. Even If I had declared myself bankrupt they would have just come after her for the full amount which never seems fair 50% yes but not the full amount. I think the one thing that stayed me to the course was the complete lack of anything human from Natwest. I've been with them for over 20 years. No calls (from Natwest offering help) just threatening letters, then more threatening letters/calls from moronic DCA's. Well at least I have an iron in the fire so to speak, if they don't pay up fine I file in court and the charges earn interest. In a few years they will equal the OD so bye bye Natwest. Pumpytums

Hi Harvey, MB*A are one of the worst in my experience. Firstly you can send a telephone harassment letter to MB*A send it recorded http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter- Linked from library the problem is the company calling you from India are probably A*gis, who are just an annoyance. Talking to them does not work, and they are based outside UK Mubai I believe. So sending them a letter could be a problem the one to MB*A may help though. I would recommend getting a "Truecall", play.com have them on a good deal £59.99 at the moment that way you can block all the calls. You can always sell it once things get sorted. As another precaution log all their calls date time etc and keep all letters they send you and the ones you send them. I hope this helps. A more experienced CAG member should help you soon. Pumpytums

Just a thought, (sorry if this has been bought up) how long did your son have advantage gold for? beacause you should be able to claim back the fee's I'm certainly trying. My AG account goes back over 10 years thats quite a bit of money for nothing £1k+. Thanks to Bazaar for the headsup on this one. Certainly worth a look, obviously overdraft interest can also be claimed too. Good luck with your fight. Pumpytums

Cheers Big.syd, just a quick question ring up MBNA and ask them when they sold it? I don't think it can do any harm as the debt is sold on like mine. If they question you just say you were checking that it had been sold and you needed the new owners contact details to verify sale blah blah etc. They seem quite forthcoming just a little icy. Do you have access to your credit file? If so is it shown as a default and who is the originator? I signed up to equifax for the free 30days, contained some interesting info see my thread. Pumpytums