Alf -v- A&L - MBNA - DEBT CLEAR - CABOT/RED - NOW CLARITY ON THE CASE

[alfwithhair]

well after 9 weeks of peace, Cabot on back on the case again this morning.

Balance increased again by a further £331.00 since their last letter 18th August.

The usual, account on hold you got 14 days stuff.

Is any reply required? Or just continue to ignore them.

[citizenB]

If I recall, there are several areas where they HAVENT resolved your dispute with them. Apart from which doesnt the Default Notice give them a few problems ?

 

If it were me, I would ignore it..however, only you can make that decision.

 

This is a letter I sent to DG solicitors in respect of a similar situation I have with HSBC

 

Dear

 

Your letter dated 28 October 2009 and posted 2nd class mail was received by me today.

I would refer you to my previous correspondence .

Yours faithfully,

[twofoot]

Ignore for sure.

[alfwithhair]

If I recall, there are several areas where they HAVENT resolved your dispute with them. Apart from which doesnt the Default Notice give them a few problems ?

 

If it were me, I would ignore it..however, only you can make that decision.

 

This is a letter I sent to DG solicitors in respect of a similar situation I have with HSBC

 

There are probably many areas of the dispute they have not resolved, a compliant executed agreement being one of them.

 

Also why is the balance increasing by £100's on every letter? I have had no notification that they can add anything to the original defaulted balance?

 

As for the DN with the wrong account number on it. I was told by trading standards that they would get away with this. The rest of the default notice is compliant, the account number had been changed prior to issuing the DN and although they didn't bother to tell me of this fact until I questioned it, TS reckon because they have acknowledged the account under this number acc number and the old one, I wouldn't have a leg to stand on using this angle in court.

 

Don't know if this is good information or bad, so am dubious about telling them anything at Cabot about this as the cock was MBNA's doing.

[Jameson78]

great thread

[citizenB]

There are probably many areas of the dispute they have not resolved, a compliant executed agreement being one of them.

 

Also why is the balance increasing by £100's on every letter? I have had no notification that they can add anything to the original defaulted balance?

 

As for the DN with the wrong account number on it. I was told by trading standards that they would get away with this. The rest of the default notice is compliant, the account number had been changed prior to issuing the DN and although they didn't bother to tell me of this fact until I questioned it, TS reckon because they have acknowledged the account under this number acc number and the old one, I wouldn't have a leg to stand on using this angle in court.

 

Don't know if this is good information or bad, so am dubious about telling them anything at Cabot about this as the cock was MBNA's doing.

 

TBH, I am not sure if TS is correct, if the account number is different to the account number on statements / card, etc.. then the DN has to have the same number, surely ?

[cashins]

Well, you would think so.

 

MBNA have a funny way with account numbers, my SAR came back with three.

 

When asked why, they were used to isolate some fraudulent transactions that appeared mostly coming from Aruba. As it was I could prove I had left there 3 months previously.

 

David

[alfwithhair]

Crapbot letter this morning same old crap.

 

This time they reckon 'they recently bought' the account held with MBNA?

Recently? According to comms log from MBNA was sold to them 07 Jan 09.

 

If you don't contact us we will move your account to the next stage of our collection process. How many desks down the office is it this time 2 or 3. Who does Crapbot usually farm their un-collectable accounts to? About someone new was on the case Crapbot are boring me now with their letters about nothing

 

Still showing the ref number of that on the DN. which was not my account number and balance increased again by £111.00 since their last letter 28 Oct 09.

[alfwithhair]

Crapbot letter this morning same old crap.

 

This time they reckon 'they recently bought' the account held with MBNA?

Recently? According to comms log from MBNA was sold to them 07 Jan 09.

 

If you don't contact us we will move your account to the next stage of our collection process. How many desks down the office is it this time 2 or 3. Who does Crapbot usually farm their un-collectable accounts to? About someone new was on the case Crapbot are boring me now with their letters about nothing

 

Still showing the ref number of that on the DN. which was not my account number and balance increased again by £111.00 since their last letter 28 Oct 09.

 

I have just noticed after checking back through all the paper work, this account has done a full circle!

We are back to the start again. The above letter received this morning is identical to their first contact letter dated 26th January 2009, apart from the balance, which has increased by £1394.58, even signed by same bloke, Peter Anderson, if he actually exists

Don't tell me they are going to go through their whole threat cycle again?

But at least I have the appropriate letter to reply with. Will just change the date LOL:D

Edited November 25, 2009 by alfwithhair

[The GodMother]

i would send them a prove it letter as the account numbers have changed

[alfwithhair]

i would send them a prove it letter as the account numbers have changed

 

Keep up Chrissy. LOL

The account number changed when MBNA issued the DN.

Both Debt Clear and Cabot has quoted this number since the default.

MBNA say it was changed when was transferred to the collection dept, but didn't bother to tell me.

 

I think they have had enough letters telling them MBNA are still in default of my CCA request, last time I told them this they sent them comm logs, they are just a nightmare to get any sense out of.

[alfwithhair]

Got my Xmas Card from Crapbot this morning.

No envelope, just sent through the post for all to share in my good cheer.

Has everybody else in their fan club received theirs yet?

 

Missed the deadlione for second class post now, so they will not be reciving one back LOL. Muppets.

[citizenB]

Alf, send a copy of it to the OFT. They are not permitted to do this.

[alfwithhair]

Will do just that first thing in the morning. Cheers CB

[Guest HeftyHippo]

As for the DN with the wrong account number on it. I was told by trading standards that they would get away with this. The rest of the default notice is compliant, the account number had been changed prior to issuing the DN and although they didn't bother to tell me of this fact until I questioned it, TS reckon because they have acknowledged the account under this number acc number and the old one, I wouldn't have a leg to stand on using this angle in court.

 

The relevant regulation dealing with Default Notices (SI 1983 1561) requires as specified in Schedule 2 paragraph 1 (for accounts in default) "A description of the agreement sufficient to identify it"

 

If the only info they give is an account number which is different from the number by which you know the account, then it doesn't satisfy that requirement. You may have several accounts issued by the same creditor - eg MBNA who issue credit cards on behalf of many others, and unless they add another description, eg your Gold Mastercard, your Virgin card, your British Airways card etc, there is no way you can identify the account. Even if they quote the kind of account eg virgin, gold etc when using the 'new' number, it doesn't allow you to identify the account as you don't know if the number or description is wrong, you just know that something is wrong.

 

IMHO it is unlikely they would succeed in court if they changed the account number without telling you and then starting using that new number. It is possible a judge may decide that as you only had one card with that creditor, then you must know who it is, but you 'knowing' 'working it out' 'having a hunch' etc is not the same as them telling you by virtue of providing "A description of the agreement sufficient to identify it". The legislation does not ask or advise the creditor to ensure you know which account they are talking about, it TELLS them to identify it to you.

 

Whatever they do AFTER the Default Notice is issued such as telling you they changed the number, cannot change the DN itself, or whether it complied with the regulation when issued. As such, giving you "A description of the agreement sufficient to identify it" after they issue the DN does not change the picture, unless they also issue a new Default Notice before they terminate.

 

That's my opinion. Of course, there are very few instance of these going to court so as with everything, its hard to know how much of the real world the judges live in.

 

In my situation, I've JUST realised, that the MBNA card I thought I was dealing with is actually another, because MBNA changed the number without telling me. It caused confusion for PayPlan also because they also thought they were dealing with 2 accounts. I don't know that for sure, I've had to write to MBNA for confirmation, and am waiting

[The GodMother]

u know u could always, at there cost, return it to sender.

[alfwithhair]

Well more Xmas drivel from Crapbot this morning.

 

Another £177.00 added to the balance since last month. How do they get off banging this interest on. £2000.00 more now than the DN, before they bought it and they still reckon they have resolved my dispute with MBNA by sending some system log print outs? They are off their trolley, what has some system log print outs, got to do with where's my CCA? They did come in very handy though, by giving away all MBNA's sneaky tricks, so thanks for the Cabot.

 

They may instruct an external collection agency to call. LOL

Is that because you are too bone idle to collect it yourself. LOL, or attempt to.

 

A solicitor may start legal action, Yeh, so, doesn't mean it will be successful. It could affect my ability to obtain credit? I think the OC, MBNA put paid to that a long while since.

 

Charging order? What on a rented house, get real.

 

Attachment of earnings? You have to have a job to be earning, numpties.

 

Order to obtain information? You'll be questions in court about your income, expences and financial assests. LOL, your having a laugh ain't you. Financial Assets, an old Ford Mondeo.

 

They never seem to amaze me this lot, the sooner the go to the wall the better.

 

[The GodMother]

write back to them advising that you have no job no assesets and no house if they want to put a charge on the landlords house then feel free.

 

I did with a dca last may and to date i am still waiting for them to take OH to court and even reply to the in dispute letter that was the first i sent back to them.

[alfwithhair]

Well another pile of steaming this morning from Crapbot.

Balance only increased by £55.00 this time, so that something I suppose.

 

 

If I don't pay now they are will either;

 

Forward it to an external Debt Collection Agency. (I thought thats what you were Ha Ha - things getting a bit desperate so you are farming your lemons out to some other mug daft enough to beleive they are enforceable)

 

or;

 

Commence legal action to recover this debt if your account meets our litigation criteria (Arrr..... If it meets your criteria, you mean if you can find any paperwork that you can hoodwick the judge with. Well you had now't Jan 09, so Jan 10, will be no different.)

 

I will of course decline their offer of a natter on the phone, but would rearly like to send them something, but they have had every letter in the template library LOL.

 

They never fail to make me laugh with their ramblings LOL

[cashins]

but they have had every letter in the template library LOL.

 

 

Looking at what they sent you Alf, they've got the same problem.

 

David

[spiritgirl59]

Hiya Alf:)

 

I would just file it along with the rest of the Jackson Pollocks that they have sent you

 

I'm in the same position with another DCA - they have had every letter in the template library too - and copies of my letters as well in case they lost my original (yeah, right LOL) - but they are still sending me their bovine droppings and totally ignoring the fact the account is in dispute ... so now I just file each one without replying, until they give up and pass me on to another low life!

 

Going by my own experience Alf, if they had the correct paperwork they would have had you in court faster than a greyhound leaves a trap!

 

Love SG x

[alfwithhair]

Hiya Alf:)

 

I would just file it along with the rest of the Jackson Pollocks that they have sent you

 

I'm in the same position with another DCA - they have had every letter in the template library too - and copies of my letters as well in case they lost my original (yeah, right LOL) - but they are still sending me their bovine droppings and totally ignoring the fact the account is in dispute ... so now I just file each one without replying, until they give up and pass me on to another low life!

 

Going by my own experience Alf, if they had the correct paperwork they would have had you in court faster than a greyhound leaves a trap!

 

Love SG x

 

I would be inclined to agree SG.

 

Hopefully they will up their act and I will receive a Van Gogh or Monet next time. I have mountains of pollocks from their gallery, so am running out of wall space to hang them.

[hellhasnofury]

Well another pile of steaming this morning from Crapbot.

Balance only increased by £55.00 this time, so that something I suppose.

 

 

If I don't pay now they are will either;

 

Forward it to an external Debt Collection Agency. (I thought thats what you were Ha Ha - things getting a bit desperate so you are farming your lemons out to some other mug daft enough to beleive they are enforceable)

 

or;

 

Commence legal action to recover this debt if your account meets our litigation criteria (Arrr..... If it meets your criteria, you mean if you can find any paperwork that you can hoodwick the judge with. Well you had now't Jan 09, so Jan 10, will be no different.)

 

I will of course decline their offer of a natter on the phone, but would rearly like to send them something, but they have had every letter in the template library LOL.

 

They never fail to make me laugh with their ramblings LOL

 

Hello Alf,

 

Yes they are extremely frustrating and its like a bit of a black comedy:eek:

 

They are attempting to wear you down:rolleyes: but I am sure you will stand firm with their unlawful course of action.

 

The next dca that will approach you I bet is Fire. Think they chose the name to send shivers down our spines. But they are not so hot, when you throw a bucket of water at them:lol:

 

Fire are part of cabot as Red is part of Lowells:grin: gits!!!!!!!!

[alfwithhair]

Hello Alf,

 

Yes they are extremely frustrating and its like a bit of a black comedy:eek:

 

They are attempting to wear you down:rolleyes: but I am sure you will stand firm with their unlawful course of action.

 

The next dca that will approach you I bet is Fire. Think they chose the name to send shivers down our spines. But they are not so hot, when you throw a bucket of water at them:lol:

 

Fire are part of cabot as Red is part of Lowells:grin: gits!!!!!!!!

 

Yes, I had half expected they would have FIRE'ed it off to someone else by now. Maybe they will actually keep to their word this time and DO SOMETHING other than send these coulourful A4 wall hangings produced by a monkey operated threat o gram machine. LOL

[brooooooooooce]

Hi. Can I just ask have you discussed with them a full & final settlement? Or are you unable to do this or will they not enter into discussion about one? Cheers