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  1. Wondering if anyone can shed some light on an MBNA problem, I had two credit cards and recently found old copies, decided to fill in claim forms and sent them off, mbna have responded saying they sent me two letters, one in Jan 13 & one in April 13, adding that as it has been 3 years, I am now time barred from claiming , thinking of complaining to FOS has anyone had a similar situation? It's galling to think they've sent letter, which btw I don't recall receiving and missing out on a settlement
  2. I requested a SAR from Arrow Global: template removed - dx read out rules please} This morning, I received a thinner-than-expected package containing some computer printouts and some copy letters (not all I sent). Within was also their statement: Data subject requests under the Data Protection Act 1998 do not entitle a data subject to gain access to all documents they care to mention nor even to all documents which may be relevant to them. The purpose of a data subject access request is to enable the individual to check whether the data controller's processing of his personal data unlawfully infringes his privacy. It is not an automatic key to any information, readily accessible or not, of matters in which he may be named or involved. Therefore we have conducted a proportionate search for personal data relating to you. Can anyone tell me if this is correct. I wanted everything they hold about me, including correspondence between them and MBNA. Many thanks for your help.
  3. Hi, We have a credit card debt with MBNA taken out in 2008 which defaulted in 2013. It is showing on CRA as 'satisfied' with MBNA, but then appeared as Aktiv Captial, who chased through 2013 - 2015. The debt is now with PRS Group and we have had a letter asking for payment or Court Action will ensue. If the debt is showing 'satisfied' can PRS still push for payment, or is this 'satisfied' because the debt has been bought? We wrote to Aktive in 2013 asking for CCA, they sent us photocopied version, scribbled numbers over and no sig. Do we just ignore PRS? We have had one succesfully thrown out case with another card company who folded at Court, can we do the same again? Thanks skywalker
  4. Had a letter from MBNA today with a cheque for £19.72p saying they appeared to owe me more, How has this come about as i got my PPI claim off them over 2 years ago ! If this is to do with commission, does this mean i can claim more from Barclays too as they settled £3300 with me, Thanks Q
  5. hi i am posting this on behalf of my wife .. she has a debt owed to mbna for £2600 we hadnt heard anything on this for 5 years but as its 11 months off statue barred its popped its head up.. have a cca here to send off just unsure who gets it the debt was owned by dlc but a recent letter says they was placing the account with Cabot Financial (europe) and their next step would be to pass the account to restons solictors had no letter off cabot but a nice one turned up off restons threatening a ccj .. .from what i read here their pretty true to their word. .so was hoping a cca might slow them down. the restons letter stats all future correspondence and payments should be done through them so do i send a the cca to them to dlc or to cabot thankyou on behalf of my better half
  6. Hi guys Just need a quick bit of input from Andyorch, when you have time Andy. It's been a couple of months since I've been on here - just been too busy to look in. Anyway, unfortunately one of my old post-2007 credit card debts has raised its ugly head in the meantime. I knew it was looming as PRA had resumed activity a few months ago, then their mates J&P sent an LBA a month back. I was hoping to intervene before they could issue the claim but I'd been away and they didn't hang about. Claim form duly received! I've done the acknowledgement and now just need to enter a defence. I haven't sent off the usual CPR or CCA requests as PRA had already sent the online agreement and I have no intention of going to court on this. I just want to buy some time and eventually try to negotiate something. I'd be very grateful if you could run your eye over the defence below. Particulars of claim: The claimant claims the sum of £8xxx.xx for debt and interest. 1. On xx/xx/2008 the defendant entered into an agreement with MBNA Europe Ltd for a credit card under reference 1234567890123456. 2. On xx/xx/2013 the defendant defaulted on the agreement with an outstanding balance of £6,xxx.xx. 3. On xx/xx/2013 the debt of £6,xxx.xx was assigned to Aktiv Kapital Portfolio AS Zug Branch, who itself, assigned the debt to PRA Group (UK) Ltd on xx/xx/2014.Notices of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. And the claimant claims: 1. The sum of £6,xxx.xx 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from xx/xx/13 to xx/xx/16 £1,xxx.xx, and thereafter at a daily rate of £1.xx until judgement or sooner payment. ------------------------------------------------------------------ PROPOSED DEFENCE 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have, in the past, had an agreement with MBNA Europe Bank Ltd but I do not recognise this specific account number. 4. Paragraph 2 is denied. I have not been served with a valid Default Notice pursuant to the Consumer Credit Act 1974. 3. Paragraph 3 is denied. I am not aware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 4. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 5. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Is the above ok to submit? Do you have any further comments to add. Many thanks! Sham
  7. I have had an MBNA credit card for six years and never missed a payment. I took out the card in the UK and currently owe £8400. Despite losing my job when BHS went bust I have managed to continue with the monthly payments but I have decided to return to Portugal and wondered if I default on further payments would MBNA be able to collect the money using a debt collection agency. Defaulting is not a prospect I am proud of but without an income, I cannot see any other option.
  8. I have had a reply from MBNA/Link to my CCA Its 16 pages long along with a statement of all the payments made (I have had to split it into 2 parts so not to reach the max file size) (I have paid £1500 off the total so far) Its not in my credit file at all I would be grateful if someone could have a look over it and give me their opinion. Thanks
  9. I received a claim from Restons back in December 14. I immediately sent a CPR 31.14 request for the agreement, default notice and assignment. We had a bit of to and fro while they claimed I didn't need the documents to file a defence. So I filed an N244 application for disclosure. Rather than raise the order at Northampton,they transferred the case to my local court. In the meantime, Restons sent an illegible short form agreement. The order is now subject to a hearing this week and I have just received a pile of documents from Restons stating why they oppose the order, again including the illegible agreement, last statement and notice of assignment. I assume they have copied these to the court. I haven't filed any defence so far since NNBC told me not required until N244 application was resolved. The original alleged credit card account dates from 2000 and the claim is over £5000 but under £10000 My question at this stage is what will the judge expect from me at the hearing? At present all they have is copies of letters to and from Restons and their recent package Do I need to present a document addressing the points in Restons submission or can I just argue them at the hearing? I effectively only have one working day to do this and email it to court if it needs to reach DJ before hearing. Now that Restons have submitted documents, is the hearing the place to challenge them? Eg on legibility, enforceability of agreement even if legible etc. If documents are deemed suitable to proceed, there are other twists and turns in how MBNA handled things but just want to get through this first. Thanks in advance.
  10. Hi, my balance was £6,700 on my MBNA credit card and paid £4,409 which made my new balance £2,224 owed. My direct debit then paid the minimum of £67 which should of then made my newer balance £2,157 but this did not happen, instead, my balance owed went from £2,224 to £2,291, adding £67 to the debt rather than deducting it. I'm currently in a interest free offer and I have not used my card. This has never happened before, it's strange.
  11. Credit Card-MBNA -Account start date 05/2006, defaulted -06/2010 at £6550. Noddle currently shows that I owe : £5250. I found a letter dated 01/09/2010 from Experto Credite advising me that Varde Investments(Ireland) Limited has bought the interest of MBNA Europe Banks Limited and they are legal owner of my account. ‘Under the terms of assignment Experto Credite Ltd has been appointed by Varde to recover any and all outstanding sums.’ I paid Experto Credite £20 on monthly basis until Aktiv Capital contacted me to inform me that they have taken over my account. They agreed to the £1 monthly payment in 2013 (which was agreed with Experto Credite already I think) and since then I have been paying it. I noticed just recently that on my Noddle report instead of Activ Capital, PRA Group UK has taken place as a lender.The last letter I received before I moved away in 2013 was from Aktiv Kapital ltd. I have been paying them £1 for more than 2 years. Now I want to update them about my new address and request CCA but they are no longer Aktiv Kapital ltd. They are PRA ltd. They probably sent me a letter to notify me at my old address... Their bank details are still the same so my £1 has been going to them and they update my Credit record file regularly. I called the Aktiv Kapital telephone number from the letter I last received in 2013 but PRA answered. I did not introduce myself - just asked them to who to write and they explained to write to PRA in Scotland not to Aktiv Kapital in Bromley. Who should I address the letter to: PRA or Aktiv Kapital or both? What do you think? My address: Their address: Aktiv Kapital(UK)Ltd/ PRA ltd 2 The Cross Kilmarnock Scotland KA1 1LR Date: Dear Sir or Madam, .................. or My address: Their address: Aktiv Kapital Ltd 2 The Cross Kilmarnock Scotland KA1 1LR Date: Dear Sir or Madam, .....................
  12. Hi all Just back on here after a number of years when I got very helpful advice. Short story is that back in 2006 I had lots of debt (but great credit) until personal circumstances meant that it all went sooo wrong. I had loan and 2 credit cards with TSB (i have started posting threads for these in that forum) but I also had an MBNA card taken out in or around 2001/2 I now, after all this time and reading / researching want to see if there is anything I can do to claim back (some) of the charges, PPI etc that I paid a fortune for and at the time just accepted as normal. For my MBNA I am concentrating on the PPI for now (baby steps) although there are a huge amount of late payment fees also. I have been brave enough to go into loft and get out all the paperwork I initially asked for (oh yes thanks to this site in 2006/7 I made the SAR and CCA applications) In April 2007 my MBNA account was defaulted by Arrow Global for the sum of 4,955.20. My SAR was complied with and I have statements dating from 2002 to date. Account was sold in 2007 but my CCA request was never complied with and the account (after default was registered on 13/04/07) was passed to Marlin. After a few letters stating that they would try and obtain credit agreement from Arrow I never heard anything until about 8 months ago when I was bombarded with letters and phone calls (all ignored). These stopped about 5/6 months ago and nothing again. I have full breakdown of PPI or "payment break" as they called it. I am a novice and wonder if anyone can point me in the right direction as to what (if anything) I can/should do. Thank you
  13. Hello, I started a PPI claim from MBNA (credit card) PPI was automatically added, The card started about 1995 (I was about 20) still used today. I have been told by the FOS (via a ppi claim company) that MBNA has said a time bar applies to my claim as I received statements and the ppi would have been on them. Well sure it was every one would have who had PPI. I understand this is fair enough and there will be people saying this is my fault but I did not even know I had PPI (hence miss sold) and this was my first credit card when I was young and obviously a lot went on this card to get me by in the early years, Also to be honest I never checked every transaction I simply look at the amounts and mentally check the figures I still do the same today with all my accounts. I am extremely tied up from 6am until around 8pm working and paying lots of tax... lol I have read about the 6 and 3 rule and also a lot of posts revolving around this matter, I feel this is a loop hole at which all banks can refuse PPI on maybe 9 out of 10 requests, so is this PPI coming to an end and shafting the late claimers who have only heard about PPI reclaiming on the media ?. I feel let down by the FOS at the moment as if PPI is Fraudulently or secretly added is does not matter when it was? I have re submitted/escalated to the FOS stating I was not aware of the PPI until my first phone call to MBNA within the last 2 years and asked on the phone what is this payment for ? Has anyone else had this issue and had a resolve ? Thankyou
  14. Hello Everyone, First post and first time on a debt forum. So Hi! A bit of brief information about my problem... *MBNA Credit card taken out early 2005 *Mid 2007 I was in a financial mess and an arrangement was made with MBNA for payments of £13 per month until the balance was paid or circumstances changed. *Jump to January 2013 and I check my credit report to find MBNA has apparently changed to Idem. I check my bank statements and my regular MBNA payments have automatically changed to Idem (Nov and Dec 2012) *I called MBNA who stated the account was closed and IDEM now own it. MBNA refused to give my any other details as I no longer have an account with them. *I called Idem to confirm what was going on and they stated I should have received a letter outlining the account change (which I never received). I requested that letter a few times and it never arrived. I received a statements and lot's of demanding letters, but that's it. *I sent a CCA request (and the £1 fee) 10th January 2013 and it was signed for on the 11th. *I got no response other than generic demand letters so the account defaulted their end on January 24th. *I cancelled my DD for the 27th January as the account was legally in dispute. *I was slow and I sent the follow up letter 7th march 2013 which was signed for on the 8th. *Still had no response from the 2nd letter. But I believe they have until this Friday (22nd) to respond before I can take further action. To confirm, the initial letter template and follow up were found on here. I can't post the links as yet. Now my issue is that Idem have updated my credit report with two late payments, one in January which was updated on the 27th, three days after they defaulted on my CCA request and another on the 24th February. Both dates were when the account was legally in dispute if my research has served me correct. I was under the impression they couldn't do this and in fact they have to remove my account from my record until they provide me with a CCA. Can anyone confirm this? What do I do from here? Any advice is greatly appreciated. Thanks.
  15. skanker

    MBNA SAR Address?

    Hi Guys Im trying to be proactive regarding some letters im receiving from Cabot but i cannot find a recent SAR address for MBNA? Does this one look current? I found it on thread dated from 2007, thats my only concern. MBNA Europe Bank Ltd PO Box 1004 Chester Business Park Wrexham Road Chester CH4 9WW
  16. Hi, Last month I opened a Clear Score account to check up on my credit score and see how I was doing. Today was my update day, I logged in to find that I have a CCJ against me which was issued on the 16th of March 16. The web site doesn't give much information, case reference, address, amount and which court issued it: County Court Business Centre The problem is that the address they have used is over a year out of date so I have received no paperwork. I moved out of that address in February 15 and into my fathers address to help him look after my step mother who is seriously ill with MS and bed bound. Just last week I moved out of that address into my girlfriends, who is heavily pregnant and due any day. I am really worried that the bailiffs may turn up and I am not certain what debt it relates to or how to deal with it. I have dug through all my old paperwork I have two debts which are not being paid as I believe them to be statute barred. One is with Barclaycard and the other is with MBNA. The MBNA one is the closest matching, it is roughly £200 difference from the balance that I owe them. The Barclaycard is over £1000 difference. If it is MBNA, the earliest letter I still have from them is dated July 2011, stating that "Following previous correspondence, which confirmed the termination of your MBNA credit agreement".... we will be sending it to a DCA. I have various letters from DCA and then a notice of assignment to Arrow Global Guernsey Limited. I don't have the statements or the letter for when I defaulted but I am sure that it was in early 2010 as that is when I got divorced and had serious financial issues. 1) Is it worth me signing up for Credit Expert to see if the MBNA account appears on file (there is no record of it in Clear Score). And or to obtain more information about the CCJ? 2) Is there any other way to obtain information about the CCJ, the only place I have found is Trust Online and it's behind a pay wall so I'm not sure if it will tell me who submitted the claim. 3) Any suggestions on what I should do next? Many thanks for any advice.
  17. Hi, this is one of two claims I currently have going against me. Both of which are close to statute barred. This is my bigger worry of the two as this one is only statute barred if you go from the date the last payment was made, however it is not quite six years statute barred if it goes from the date the first payment was missed. Name of the Claimant ? Arrow Global Guernsey Limited Date of issue – 11/12/15 Date to submit defence = 12th Jan (33 days in total) - What is the claim for – The claimant claims payment of the overdue balance from the Defendant(s) and MBNA dated on or about October 06 2003 and assigned to the claimant on Dec 20 2001 Particulars a/c no. 444444444555555555 Date :18/11/2015 Item: Default Balance Value: £8200 Post Refrl Cr: Nil Total: £8200ish What is the value of the claim? £8200ish Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? before 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. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes , I received a notice dated 09th march 2010 Did you receive a Default Notice from the original creditor? yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I dont think so Why did you cease payments? Did a CCA request as I couldn't keep up with payments. I took nearly three months to receive a signature document so account was placed in dispute and payments ceased What was the date of your last payment? 02 december 09 Was there a dispute with the original creditor that remains unresolved? yes, following my CCA request I received a photocopy of a tear off slip with my name on and on the rear of the photocopy was a photocopy of terms and conditions, although they are the same size which makes it look as though they are from the same tear off slip I noticed they have different document reference numbers and dont believe the photocopy of the rear I received was the true rear. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
  18. Hi all. This is the first time I have posted here but am now at my wits end with LINK /IDR Finance. After a number of months struggling to deal with my credit card debts I decided to go on a debt management plan through CCCS ( now step change). LINK /IDR had accepted the amount that was aggreed ie a monthly payment of 43 pounds for a debt of £3,415.14. They didn't receive money because of mis-communication between cccs and link/idr. I wasn't aware of the problem until I recieved a letter saying that I have incurred a Litigation Charge of £102. I received a ccj claim form a day after. On speaking to cccs and link it turns out that because there was a discrepancy between them about the account number the payments were not recieved and after a couple of months of non payment they have now gone down the ccj route. I accept now that I will have to go through the ccj process(which I am gutted about . I began the debt management plan to avoid this in the first place!) but I am wondering would there be any point in trying to go down the route of a cca? Or is it too late for that? Any advice or help would be very much welcomed. Just to add briefly. I spoke to MBNA about the account they said that the account was sent to LINK/IDR for collection. I cannot remember if it had merely been transferred or sold to them. Seeing as the service dept department is closed weekends I will have to wait till Monday to pursue that.
  19. hi guys - please help with this one... I am based in Scotland... I had a credit card, 2 actually, with MBNA. Stopped paying them, and others, about 4 years ago - as I'd got involved with a company called Credit Issues, who deemed that all of my credit cards were unenforceable, and I didn't need to pay them. I knew it was going to screw up my credit rating, but wasn't too bothered about that - to be safe, I'd say Jan 2016 will actually see everything totally statute barred, so this gives you some idea of timescale, but I've not paid anything, nor had any contact with any DCA in the interim. One card in particular, MBNA = £9000 outstanding approx. was passed between various DCA and eventually ended up with ARROW GLOBAL, relatively recently. They wrote to me last week, although the envelope it came in was branded YUILL AND KYLE - stating they had passed the debt to YUILL AND KYLE, who would be handling this debt for them. SO why did it come in the YUILL AND KYLE envelope?? it was ignored, as per usual. However, YUILL AND KYLE have written today saying they will issue court papers (unsure of exact wording, as I do not have it to hand) if I do not pay within 5 days. Now, I've had LOADS of these letters, and ignore them, as they wording is 'MAY take legal action...' - but this time they say the will take legal action - and reading up on them, I see they're a right bunch, who try every trick in the book - including the mistiming of letters and so on. I've not acknowledged this debt in 4 years, I am sure I have been offered discounts on the debt from previous DCA, which always suggests to me the debt is a stinker and they cannot enforce it, so they're trying to get a few quid, which is better than nothing. Am I correct in this assumption? If this is correct, I'm taking the chance that they are just trying their hand in the strongest way possible. And I will NOT contact them, and will wait to see what they do next. So, question is this, if they do take the next step, what steps, in the right order, do I need to take next? I hear about CCA, prove it letters, SAR and so on, but is there a specific order to these, and to whom should they be addressed? MBNA, Arrow, YUILL AND KYLE...?? And does sending a CCA/prove it request stop any impending legal proceedings, for the time being? And also, does sending a SAR, CCA etc admit any liability for the debt whatsoever...? I'd dearly love to sit this out and for it to go away once it becomes statute barred, and drop off my credit file, so I can start rebuilding my credit rating again. Any help VERY MUCH gratefully received - many, many thanks in advance.
  20. Sent out CCA requests, starting arriving back slowly. Mostly original applications from circa 1996. Assume applications are not CCA, confirmation would be good.
  21. Just sent SAR off for some missing statements but I do have about 90% of them from 1998 to 2005 when the account was settled and closed. I cannot find anything on my agreement details with my signature agreeing to PPI as it was automatically added when I took out the card. My questions are, will I be able to reclaim from 1998 and what are the correct redress spreadsheets that I should be looking at in the meantime ? Is there one for all of statements and one for some missing statements ? Thanks for any assistance.
  22. Hi long time lurker. I have got into a situation where I have ran up some quite high debts with Mbna and Barclaycard and these are due to pop the interest rates very soon. I have been reading that sometimes a DMP is not the best way to get interest frozen and maybe to stop paying all together to get the debt moved to a DCA. I am a home owner with not much equity and owe roughly 15k to barclays and 10k to mbna all debts are 2 years old and fully paid no missed payments or chaerges on the account . thank you
  23. Hi all, MBNA have finally decided to respond to my CCA request, 12+2 days was up on 31st January BTW, and the letter makes no sense to me. Are they trying to confuse me and hope I'll go away? I've stopped paying them as they failed to respond to the CCA request until yesterday and they've still not sent the correct details TIA!!!
  24. Hi all. I was offered a short settlement on two mbna accounts. I was sent an email confirming this. I replied tothe email that i wanted the proposal in writing stating how my credit file would look ie full and final etc. This never arrived. In the email it stated that i could settle by 27aug for 800 or 25 sept for 900 giving me two options. I decided to go for the sept payment. The first week in sept i was horrified to recieve 2 default notices. I contacted the MBNA complaints dept and explained. I was met with arrogance stating that the defaults would stand as i hadnt paid in aug. I sent a copy of the original email.Letter back admitting the email was deceptive but no mention of the defaults being removed!! Also the figures on my original email were wrong by £60 in favour of mbna. I rang the complaints again and told them i wasnt paying untill things were sorted out. They said if i didnt settle the offer is null and void. I was also told the accounts were sold in early sept and have a letter dated the 23rd sept from a DCA. The latest letter is from restons solicitors threatening action but also stating that MBNA will offer a substantial discount for settlement. I cant understand what they are doing? They are obviously in breach of something. Advice please anyone! Thanks DS.:-?
  25. Long story - short. ... got myself into a financial pickle with various credit cards etc. Due to dwindling income over the last 12 months I have now crashed. I have received default notices on my CC's as I have not made any payments to them over the last 3/4 months. I was just about to contact them [along with some of my other creditors] to advise them of this change in finances etc; with a payment proposal of £1 and statement of Inc and Exp., as now no income. Additionally I was considering the querying the validity of the contracts with the CC companies as others on this forum have done. Concentrating on MBNAeurope for the present: today I have received a letter from AKTIC KAPITAL Portfolio AS, Zug Branch - stating that they have purchased my outstanding balance with MBNA - and they can help get my finances back on track it then goes on to say that they are Aktic Kapital UK Ltd who will be collecting the balance of £xxxx.xx that I owe on behalf of Aktic Kapital Portfolio AS, Zug Branch. they want me to cancel and DD/SO's [there are none; otherwise i wouldnt have gone into default!!] as paying mbna would cause a delay in them being able to reduce my balance. small print:... aktiv kapital uk ltd is part of the aktiv kapital ASA [norway] group of companies. CCA licence 510166. registered office, wells house, elmfield road, bromley, kent, br1 1lt. 'under the terms of this assignment and as defined in the data protection act 1998, Aktic Kapial portfolio AS, zug branch is now the data controller of your personal data...' so my questions are: do i acknowledge their letter? do i deal with mbna at all now? do i ask Aktiv Kapital for original contract/proof of debt? any other pointers would be great please [especially if any more letters 'assignments or purchases' of my other credit card debts start arriving]. thanks in advance.
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