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  1. Hello I received the attached letter from Shoosmiths relating to a mbna credit card from 2003. I defended a claim at Northampton CC in Sept 2016 they were unable to provide me with any information relating to the debt. I have received the following 1. A letter -copy attached 2. A signed agreement although I'm not sure which card it relates to as I had 3 mdna cards 3.income and expenditure form 4.default notice from IDEM 5.default notice from mbna 6.Assignment letter from arrow Not sure what to do next any advice would be much appreciated IMG_20180417_0001.pdf
  2. I am waiting for action against me with trepidation, I have complex mental health problems including memory loss which means I cannot recall all transactions related to matters over a year ago. Thus, the prospect of remembering the details of DISPUTE which were raised over three years ago. I sent many letters DISPUTING with original lender credit card, but don't have copies. They eventually sold to Arrow Global. They, in turn, have used a succession of collection companies , who I have ignored / returned letters unanswered. I now wonder if original lender/credit card will be able to provide ( or even kept) my letters of DISPUTE ? There are times when my cognitive process is greatly impaired, so I am unable to talk, write, take information in. At other times, like right now, I can compose a short email. Any guidance gratefully received . I think I destroyed my records last year in during a psychotic episode. I take anti psychotics, anxiolytics, mood stabilisers and anti depressants , all of which impair my cognitive function. Original agreement 1995 Last Payment 2011 (? needs verifying ) Default Notice possibly issued 2011 (? needs verifying )
  3. Hi, I'm a new member to this forum and earlier today I received a letter from Maddersons Solicitors telling me Arrow Global Guernsey had secured a charging order on my home. I wasn't aware Arrow Global had secured a charge on my property but I did know MBNA a few years ago put a charging order on my home in respect of my unsecured credit card debt with them. Now Maddersons Solicitors are attempting to get me to repay to Arrow the money owed and this is despite fact I have already made arrangements to repay £554 a month to Arrow Global in respect of another unsecured credit card debt. This letter from Maddersons solicitors didn't tell me anything about where the debt originates from and perhaps I need to ask for full details. All the debts I currently have are in respect of credit card debts and I took these credit cards out before 2007. I have a number of debts all of which I have made arrangements to make repayments monthly and since I'm unemployed and only receiving job seekers allowance I can't afford to make any more payments. I've thought of contacting Debt Advice Foundation for help and would like to know if Debt Advice Foundation are reliable. Any advice would be most helpful because I've found dealing with debt agencies to be a minefield and even finding a good solicitor to help me is proving to be impossible. I can claim legal aid but most solicitors don't accept legal aid.
  4. MBNA sold debts that belonged to both me and my husband. Idem bought mine, Moorcroft bought my husbands. I emailed Idem regarding reduced payments that I would make, and eventually they responded agreeing to my reduced amount. However, Moorcroft ignore emails (sent day after day) and they will not reply despite my husband requesting that they not call, but put in writing instead. They call anyway, and to whomever called, I asked them not to call, but to respond to my husband's emails - however, the chap then called my husband's mobile immediately! I got a statement from Idem, and in exactly the same marked envelope (same return address, same statement format) my husband had one from Moorcroft. Does anyone know if this is the same company??? It's really cheesing me off that Moorcroft ignore all the emails. Also, they're sneaky so-and-so's: they are based hundreds of miles away from us, and yet they call the landline using a local number that they must buy to use, to look like they're someone local calling us - idiots! It doesn't take long for me to recognise the number and ignore it. But, they're making me so mad!!! I think I'm wasting my time re-sending the same emails but at least it proves the point that they're ignoring us, dispite contacting them on a daily basis!
  5. Hello. This is my first post here, and I was hoping I could pick the brains of this forum for some help. To cut a long story short, I have in the region of £15k credit card debt from MBNA, which has been sold on to PRA, who have started getting in touch for payment. I don't/didn't have any sort of payment plan set up - I stopped paying anything last year because I simply couldn't afford to do that, while also having enough money to feed my family. I'll be honest, I tend to see these DCAs as parasites of human misery, and my main inclination is to pay them as little as I can possibly get away with - but I also don't want, 10 years form now, to have several grand worth of legally enforceable debt remaining round my neck and continuing to affect my health and my stress levels (as it has been doing). I suppose I would like to know what weapons are available to me to fight these people, and what I need to be doing. I know that I should ask for the CCA, and I will do this. If I spot a discrepancy or anomaly there, is my debt automatically unenforceable? Are there any other things I should be looking out for in this regard (either relating to CCAs or elsewhere)? I know that DCAs are likely to be less than fully honest in their correspondence in an attempt to squeeze blood from stone, but I'd really like to know how to spot idle threats and threats that need addressing - any advice on this would be much appreciated too. Finally, a conciliatory tack that I could take that may even be mutually acceptable, is to offer part payment as a final settlement. However, I likely couldn't offer more than 10% of the total debt in order to do this (and this would involve the generosity of family - it's not money I have lying around in my bank account) - can anyone give guidance on whether an offer of that sort of amount h as a chance of being accepted? (And if not, what sort of sum I should be aiming for.) Thanks in advance!
  6. Hi guys, My father has received a claim form Arrow Global Guernsey Limited - MBNA Credit Card debt on the 25th July 2016. See attachment. The debt is old from 2000, however he has offered £1 a month since last summer which he has been doing so. Prior to this he had a debt management company handling his debts. What steps should I take in order to defend him? Under the particulars of claim is states the contract is "dated on or about Feb 25 2000" Does this suggest they do not have the original contract and so there legal basis for the claim? I need to file the acknowledgement of service form soon, however I'm not sure whether I should be ticking the boxes for "I intend to defend all of this claim", "I intend to defend part of this claim" and "I intend to contest jurisdiction" Any help would be appreciated. Thank you Claim Form_Redacted.pdf
  7. Good evening, When i was a lot younger i ran up quite a bit of debt which became unmanageable once i had children and cost of living increased. paid into a DMP for a few months and then defaulted this was in April 2013. I have pretty much ignored all contact as no one was taking legal action. I have had some discussions with Restons over the phone about this debt as i tired to agree a repayment plan. but could not stick to it as it was un affordable to me. Today i have received a CCJ claim from the for a total of £5131.05. The debt is from an MNBA credit card which i took out sometime around 2005/06 i think. The POC on state that the original debt is from MBNA "dated on or about Feb 2007 and assigned to claimant on Dec 2011. It then list the following two items: 19/07/28 Default balance 5151.05 19/09/2018 Pos Refrl CR -20 That is all that is on there. I have done a lot of reading around and am thinking of defending this claim but my head is spinning a bit with all the different threads i've read. Am i right in thinking that they probably dont have the CCA? I don;t believe that they have followed pre-court protocols as i have not received a letter stating they were due to start legal proceedings. Do i need to now request this information under CPRs and then defend the case accordingly? Am i right that if they can not produce the cca they can't enforce the debt? Thank you in advance.
  8. Hi, i took out an mbna card in around 2002 (unsure of exact year) i was made redundant and ran up debts, on returning to employment i started to pay them off for many years, however the interest rates kept going up and eventually (aug 2012) i just stopped paying completely, initially i intended to enter into a debt arrangement scheme but mental health issues and anxiety/stress meant i just started to ignore it! I have ignored this situation for almost 5 years Recently found out that after 5 years its unenforceable. ive been praying that it would get to that point to relieve this stress Balance is sitting at around £8.5k I have always had PPI on this card I phoned broadies on receipt of the letter to request a CCA which they said they'd send. I have not received anything, does anyone have any advice, ive no idea what to do next? im scared they dont send any on for because it was done via phone, should i email them? just checked and my first month of not paying was august 2012, last recorded payment was july 2012
  9. Hi, Sent a CCA request to MBNA who i have been paying on a DMP with Stepchange 10 days ago, have just found my original welcome letter and it is with Bank Of America / Amazon. I have not had a reply as yet. Account opened in 2012. Wondering if i should have sent the request to BOA rather than MBNA Cheers
  10. I took out a Virgin Money/MBNA credit card in 2005 to take advantage of their 0% balance transfer offer. To cut a long story short, Virgin steadily upped the credit limit over the following three years, in late 2008 I wrote a credit card cheque for several thousand pounds to pay for a home extension. The global economy crashed the following week and I found myself without employment, my wife petitioned for divorce, I became homeless etc etc with, amongst other things, a credit card balance of over £13k After years of being grindingly poor I am now starting to regain and exert some control over my affairs. I recently used a CMC to establish whether or not I had PPI claims on any of my old accounts and MBNA came back "positive". I will NOT be using the CMC to reclaim. My MBNA account is one of only a couple for which I still have paperwork, including all but two statements. Unfortunately, the statements make no reference to PPI whatsoever, only interest and late payment charges. The original tear-off signature slip is obviously missing - the remaining part of the page shows two "SIGN HERE" arrows pointing to the missing slip, one for the account, and one for PPI. I cannot imagine I would have voluntarily requested PPI, as I never knowingly have. Also, for the last 20 years I have worked as a company director providing architectural services on temporary assignments - i.e. I am not eligible for PPI protection. The only reference I can find anywhere to PPI is an insurance booklet issued with the original pack, which states that PPI is charged at £0.72 per £100 of the monthly statement balance. The statement figures bear no apparent relationship to these figures however. In summary: 1)MBNA appear to have acknowledged that I have a PPI product. 2)I have no idea how much PPI was charged or when, as the statements do not show it. Do I: 1)Make a complaint to MBNA, take the cheque and then query their (possibly "interpretative") calculations? 2)Start from scratch with a CCA and SAR (bearing in mind the account was opened 11 years ago...)? Confused! I'm also going after them for charges, 6 year limitation notwithstanding - nothing ventured etc... Thanks in advance!
  11. Today I received a white county courtclaim form from northampton for the MBNA Credit card 2008 – now with PRA GROUP - £2723 – defaulted 2012. On 12th Nov PRA Group wrote to me in response to my returned PAP form where I stated I dispute the debt because I need more documents or information Specifically I wrote: I need a copy of (1) the Default Notice, (2) the Notice of Assignment, (3) a complete set of statements detailing exactly how the debt has accrued detailing: (a) All Transactions, (b) Any additional charges, be them by the original creditor or you PRA Group (UK) Limited, the debt purchaser or any predecessor, © Details of all contractual interest added by whom and on what date, (d) List of ALL Payments made toward the Agreement. The PRA group letter on the 12th said, that in response to my query (PAP form) please find enclosed copy of statement of account from MBNA and a copy of the credit agreement (was an online application 2008) plus statements from the MBNA credit card (virgin). The letter goes on to say that they will put the account on hold for 30 days until 12th December to allow sufficient time to receive the letter and contact them. Today I received the county court claim form. I don't know what to do now? Please advise. Should I try to a negotiate an offer with PRA or will I have to pay in full somehow! I don't want a CCJ registered.
  12. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  13. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant. 2 - The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 3 - The claimant claims the sum of £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  14. Hi, I'm new to the forum, but have been a long time lurker. First of all apologies for how long winded this is, but I hope I include all the relevant information. Alleged card debt from card taken out in 1998. Alleged debt approx £5k. Card sold to IDEM Capital Securities August 2012 Alleged Card default August 2013. Idem Capital Securities assigned alleged debt to Arrow Global November 2015 About three years ago I received multiple claims for alleged credit card debts, and with the help of this forum managed to get one claim dropped and ended, one victory in court and a few claims stayed, so thanks for the help there! Anyway, one of them doesn't appear to have gone away, and Shoosmiths appear to be applying to Northampton County Court to get a stay lifted and have my previous defence struck out pursuant to CPR 3.4 and obtain summary judgement pursuant to CPR 24.2 they claim I have no grounds for defending the claim. This was my original defence: So my defence was submitted, along with two other defences on the same date. Nothing further was received from Shoosmiths or the courts, and the claims were stayed. I should have asked to have them struck out, but I wasn't fully aware of the procedures, and couldn't afford to pay anything to the courts. So roll on two years and three months, and Shoosmiths start writing to me again, saying they did not receive my original CCA request or CPR18 letter in 2016 (funny how two more were received, and returned, and they were all sent in the same recorded delivery envelope!) They now claim they have provided all of the relevant information, and I still dispute this. Their alleged agreement is an application form for a card around the time I had allegedly taken out a few credit cards. Their "terms and conditions" is a reconstituted partial list, it even says for items X,Y,Z refer to your terms and conditions! They then have another set of terms including MBNA web address details, the web address didn't exist in 1998! Their letters also refer to one credit card number, then it changes to a new card number that they have assigned, which to me just points to multiple pieces of incorrect or fabricated information. I chose to ignore all of this further correspondence, as the claim was stayed. Then earlier this week, they have sent a further copy of this "information" along with a covering letter to me as follows: This covering letter includes a copy of their N244 Application Notice to lift the stay and all previously submitted information. Again, apologies for the long winded post, but I ask, how should I either try to stop this dead, or again defend? I am actually happy to attend court if it comes to that. I read on one of the other threads that this could be submitted. Would I be able to use it as a reply, as it has taken them over two years to get incorrect information that they think they can use in court? If anyone can reply, I'd like to say thanks now, and I will be extremely grateful. Will come back with the results.
  15. Hi, Im trying to unravel my late father's very complicated finances, as I'm his executor. I found a letter from Hoist Finance dated from last year stating they own the account, with an outstanding balance of £2131.92. When I phoned to say he'd died they told me it would be passed to 'Philips and Cohen' - this was mid-January and I've heard nothing (luckily). Having read these forums I then wrote to MBNA requesting all his account data but they replied stating the 'GDPR only applies to personal data relating to a living individual'. is this true?There's also a letter relating to another MBNA debt from Link Financial, so they have sold the two on. I need to know how old these are etc. Letters scanned and attached. The reason I'm confused is I've also written to Santander (using the same template letter) and have received all the loan info so they obviously have different rules! - I'm not willing to settle anything unless I know how old these debts are and what they relate to. We couldn't find any paperwork at my Father's house. Any advice as what to do next - I did send certified copy of probate certificate with my requests. Many thanks for reading! scan0041.pdf scan0040.pdf
  16. Please can anyone help with advancing this? I would be really grateful if a Default Notice 'Expert' could kindly offer me any advice. I have a long standing dispute with a Creditor on my DMP – MBNA/Moorgate (sold to IDEM post complaint Oct 2016). Original creditor MBNA on DMP May 2009, sold to Moorgate 2012, Default Notice from Moorgate Dec 2013 but binned by them (even though letter to terminate agreement thereafter also and no other monthly statements received), they didn't record the Default Notice with CRA either, I have (Moorgate) arrears markers from 2013 to current. I have thus far complained to MBNA (& Moorgate) to request a Default Notice to be issued and recorded from the start of my DMP May 2009 (when the arrears started – as comfirmed on all their MBNA statements I have and evidenced to all, as I defaulted on original T&C paying reduced monthly payment under DMP), MBNA refuse to add a Default Notice as ‘relationship continued’ and I entered into a payment arrangement with them’, Moorgate refuse more or less on same grounds and say their previous Default Notice was scrapped as they were contacted re payment continuation, so didn’t record. The Adjudicator at the FOS has come back to me, she says MBNA have ‘foggy’ evidenced that I continued to meet most of my monthly payments with them (??!!), she seems ‘Exacerbated’ of her telephone conversations with Moorgate, and has decided to not uphold my complaint altogether as she doesn’t think either have acted unfairly??? She has said I can ask an Ombudsman to take a look also… .but that they are ‘likely to agree with her’. I am quoting the ICO guidance version 3 2007 to FOS, however the Adjudicator has said ‘More recent ICO guidance states that there are exceptions and a Default Notice shouldn’t be added if a payment agreement has been entered into, such as a DMP.’ I have sent the Adjudicator absolutely everything so I am confused, am I barking up the wrong tree here, I don’t know what else to say to them other than the enormous evidence and several emails that have taken place …..please can anyone offer some advice (it will be on my CRF until 2026 ?) Moorgate have told the adjudicator, if I stop paying now for 3 months, they will re-place their original Default Notice of Dec 2013 as this pertains to the current arrears. Do I upgrade to an Ombudsman and stick with it for MBNA Default May 2009 or / stop paying 'now' IDEM and expect DN Dec 2013 reignition from Moorgate (?!) Thank you so much for reading in advance… Arrears with MBNA May 2009 until sale to Moorgate March 2012 (MBNA told Moorgate the account was up to date - this is totally untrue as was mounting arrears against T&C although of course MBNA don't record these) Plus x 3 seperate missed payments with MBNA Moorgate arrears from September 2012 4 seperate missed payments with Moorgate to date. Moorgate sold to IDEM in December 2016 after my complaint.Save Save
  17. Hi There, Been playing games with MBNA for months now on CCA etc and they passed onto PRA Group to chase, they have come back now and said the application was done digitally! Not sure where I stand now or what I can do? Thank you in advance for your help. Regards Steve H
  18. Had the following back from MBNA in response to a CCA request. 2 sets of T&C's, one current, and one supposedly from the time they card was taken out (not sure how I'd actually verify that) A summary statement showing current balance And a "copy executed agreement" Have uploaded the covering letter and the redacted "copy executed agreement". Basically, is this valid? This card was taken out in late 2014, and from what I've read it seems like it probably is a valid an enforceable response to my request, but would like to be sure before taking next step (MBNA bluntly rejected a recent full and final offer of around 60% of balance, claiming they never accept such offers. I should also mention that the debt is still with MBNA and no payments have been made for 3 months now. Current balance is a around £10.5k. Borrowing from family and selling a few things I reckon I could raise £8k tops. It doesn't seem like MBNA would accept this as a full and final, and all the while the interest mounts up.
  19. Hi everyone My first post here. I’m seeking advice on being asked by Cabot for an MBNA credit card debt of £2300, opened in Dec 2005 and defaulting in May 2011. They have history of most of my addresses and I received a letter from them recently to my current address. They say they have no documentation to clarify the amount owed nor are they able to request any from MBNA. Apparently the account is on hold for 30 days and then they want a direct debit arranges for repayment. Any advice welcomed thanks
  20. I was out of work 4 years ago and agreed a 5 year payment plan with MBNA for a credit card debt (14,000), they stopped the interest , I have been paying this for 4 years +3months never defaulted , I have now received a letter saying they have now sold my debt (1900.00) to The PRA Group … .yesterday I received 3 calls from them which i have not responded to....what happens now? the letter from MBNA says I don't need to do anything and PRA group will carry on the agreement so why are they calling me? any advice appreciated!
  21. Hi I've received my sar back from MBNA but it never included my payment history I called them and they say they no longer have them I was hoping to check if I had any ppi to come back they also my sold account onto arrow global who then obtained a ccj how can they do this if they have no record of my last payment on the old MBNA credit card as it could of been statute barred
  22. I have just had a reply from MBNA saying I am not eligible for any redress as I was declared bankrupt, this is not the case as I was in an I.V.A. which is now completed. Also the debt is now run by Max Recovery, what are the options?
  23. gI have also recently received a letter from MBNA regarding the same thing.g In this letter they say,.. " You could now receive some money back if we took a high level of commission on your PPI policy but did not tell you this when you bought it. A high level of commission typically means it was over half what you paid for the policy. Generally we do not tell PPI customers about our commission at the point of sale, as we were not required to ". Interestingly the reply address they give begins with........MBNA Plevin Proactive. Unlike Welcome they include a form to be completed.
  24. A friend has received payment from MBNA for a miss-sold PPI policy. The advice slip attached to the cheque invites a telephone call to their offices, should there be any queries. This in spite of a notification letter, received some weeks earlier, stating that “This is our final response to the complaint” and referring the recipient to the Ombudsman Service, should the refund not be deemed satisfactory. If MBNA are granting telephone queries, would they not similarly accept written queries? Secondly, I have attached MBNA’s calculations by which they arrived at their refund and would be grateful if someone, with more experience than I, would be kind enough to examine those and give us the benefit of their advice. The credit card was provided circa ten years ago and has been steadily operating with a constant debt just shy of £3000, since then, with only minimum payments being made, each month (if that helps). Thank you. MBNA_PPI-Responce1of2_EDIT.pdf MBNA_PPI-ChequeAdviceEDIT.pdf MBNA_PPI-Responce2of2_EDIT.pdf
  25. Hi everyone, I was wondering if anyone could advise on what I should do with regards to the following. Around 12 years ago due to various issues I found myself in debt for about 35K. I went on a DMP which for majority of creditors is still going, paying off regularly the agreed amount. About 4 years ago MBNA stopped taking the payment, I have now discovered that they sold the debt to Arrow Global. Over the past couple of weeks I have received some letters from Shoosmith on behalf of Arrow for the credit card etc. Would anyone be able to advise if I shoudl ask for a CCA on the debt (I genuinely do not know if MBNA was paid in full or not! but I am doubting even my name at the moment panic is back!) . What steps should I take? Any advice is welcome (sorry if the above does not make much sense but after 10 years of paying things back this has brought me back onto "put your head on the sand mode")....
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