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

[alfwithhair]

Well didn't get 30 days to take up their once in a life time offer of 30% off, got 3 days.

 

Letters have now changed there tone again.

Cough up or else will be going to the next stage of our collections process, (What Again) been there, done that.

 

Contact us urgently, yeh right, go and swivel Cabot, starting to get on my nerves now. only time you will be getting any contact from me is when the court papers arrive. Bunch of incompetant idiots.

 

[miss muppet]

Yeah ditto Alf, OH is back with Fire again:-

 

Make us a reasonable offer, I'd like to give them a reply to that but I'm too much of a lady to do so!!!

[alfwithhair]

Yeah ditto Alf, OH is back with Fire again:-

 

Make us a reasonable offer, I'd like to give them a reply to that but I'm too much of a lady to do so!!!

 

They have not tried to burn me with FIRE yet, but I'm sure its in the pipeline.

[jamanji]

hi there, great thread,just aboot to go down the same line with mbna for a 16k debt on one card and a 5k debt on another card, so is it true they will get a charging order on property if its un-inforcable ? also how long from you stopped paying them till todate ? just so i can get a timescale on the doom

Keep up the good work alfwithhair

[alfwithhair]

hi there, great thread,just aboot to go down the same line with mbna for a 16k debt on one card and a 5k debt on another card, so is it true they will get a charging order on property if its un-inforcable ? also how long from you stopped paying them till todate ? just so i can get a timescale on the doom

Keep up the good work alfwithhair

 

Well they are welcome to go for a charging order, the landlord would be pleased I'm sure.

 

As for paying them, they have not had a bean out of me for nearly two and a half years and never will.

[Fred Bassett]

hi there, great thread,just aboot to go down the same line with mbna for a 16k debt on one card and a 5k debt on another card, so is it true they will get a charging order on property if its un-inforcable ? also how long from you stopped paying them till todate ? just so i can get a timescale on the doom

Keep up the good work alfwithhair

 

They can't get a charging order without first going to court and winning.

 

Fred

[Rhia]

Alf do watch them though as they will file court papers out of the blue. So be prepared for that eventuality. Cabot doesn't seem to have learnt anything from the various bloody noses they have been dealt by CAGers. Thier last annual accounts also showed up a massive £6million loss so they are pretty desperate for income and are prepared to run the gauntlet in court.

[citizenB]

If you have complaints about MBNA.. you might want to have a read of the following:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2889152.html

 

 

posted by Winged piglet

 

I think I may have the answer to your Default Notice and the reason why you can't find it for your account number.

 

MBNA serve a letter of intention as you've quite rightly said under the ridiculous guise of the Banking Code - why only MBNA knows as they issue agreements under the CCA 1974 and are Consumer Credit Licence holders. The reason why you can't find a copy of the DN is because if you don't respond to the letter of intention (which they unlawfully rely upon to register a default), they Charge Off the account (allegedly for tax purposes anyone!) and they change the account number - take a close look at any DN from MBNA anyone has received and you will find the No's do not match! They then serve their own peculiar version of a compliant DN i.e asking for the whole amount, not giving 'not less than 14 days' etc under Section 87 of the CCA where they state that they've already registered the default etc etc. Normally their ploy is before this 'default notice' expires they sell this 'newly numbered' debt to a DCA for more money! MBNA legal team are complete buffoons who do not seem to know their a*se from their elbows!

 

If you have experienced this cr:evil:p from MBNA - please contact Alison Nuttall who is the Chester Trading Standards Enforcement Officer who is responsible for MBNA's compliance. Apparently she is totally unaware (genuinely) that all of us out in the real world are having problems with MBNA and she would love to hear from you BUT she will take the issues and complaints seriously.She is literally looking in to these issues now - so please DO contact her now - the more evidence against MBNA the better the result!

 

You can e-mail her on:

 

alison.nuttall@cheshirewe st.gov.uk

 

remember that any gaps in the email address will need to be closed.

[jamanji]

thenks for the replies,

the reason i ask is because i do own my house and other assets(which im selling) work turned from good to really grim in a matter of 2 months,i was going to write to all my credit cards asking for a reduced payment plan ,around £40 per month untill things get better , if they ever do , I still await cca copies from all of the cards where 3 are now overdue, I am concerned that if i stopped paying them all they would obtain a charging order here in scotland in a matter of months as i dont know the timescale for court from when you stop paying them , my thoughts were if i offer and pay a minimum token amount im trying to ressolve as best as i can and if it went to court quick the judge would see that i at least tried (but maybe if there is no cca and the account is in dispute thats not the way to go), i was mis-sold PPI and have subject accesss requested 3 cards so this amount i hope would reduce the balances, can anyone advise how to go about in writing asking them to freeeze intrest and cherges for 6 months then a review ? or am i being stupid even asking them this ?

Any help would be greatly appreciated as i want to start sorting it out before they get ugly ,forearmed is best i think

many thanks to all

[alfwithhair]

thenks for the replies,

the reason i ask is because i do own my house and other assets(which im selling) work turned from good to really grim in a matter of 2 months,i was going to write to all my credit cards asking for a reduced payment plan ,around £40 per month untill things get better , if they ever do , I still await cca copies from all of the cards where 3 are now overdue, I am concerned that if i stopped paying them all they would obtain a charging order here in scotland in a matter of months as i dont know the timescale for court from when you stop paying them , my thoughts were if i offer and pay a minimum token amount im trying to ressolve as best as i can and if it went to court quick the judge would see that i at least tried (but maybe if there is no cca and the account is in dispute thats not the way to go), i was mis-sold PPI and have subject accesss requested 3 cards so this amount i hope would reduce the balances, can anyone advise how to go about in writing asking them to freeeze intrest and cherges for 6 months then a review ? or am i being stupid even asking them this ?

Any help would be greatly appreciated as i want to start sorting it out before they get ugly ,forearmed is best i think

many thanks to all

 

Just write to the card companies and offer what you can afford.

I did this with all mine.

MINT, CAPITAL ONE and MONUMENT all accepted without too much hassle, however BARCALYCARD refused to accept what was offered, so now get nothing and MBNA accepted my offer of payment and froze the interest and charges, then 4 months later said they didn't agree to it, (even though I have it in writing they did) and that the letter agreeing to it was sent out in error, so they also now get nothing and never will unless a judge orders it.

If creditors play ball with me they will get some form of payment, them that choose not to get nothing.

 

MBNA are slippery eels, be wary of anything they say, even if it is in writing.

[jamanji]

Thanks again Alfwithhair,

I will do this, just need to know how quick they can get byou to coart if they are going to do that after the last payment

can anybody give me a rough guide, it would begreatly appreciated

i salute your attitude alfwithhair, well done and keep going:)

[citizenB]

Thanks again Alfwithhair,

I will do this, just need to know how quick they can get byou to coart if they are going to do that after the last payment

can anybody give me a rough guide, it would begreatly appreciated

i salute your attitude alfwithhair, well done and keep going:)

 

If a creditor wishes to take you to court there is a lawful process they need to follow. Perhaps a few letters advising that they notice you arent paying, not paying sufficient. Then a Default Notice (must be provided in the correct manner to be valid), they must have a properly executed agreement with the prescribed terms (anything entered into after 2007 is deemed to be accurate).

 

Then they need to send you a termination notice, plus a Final demand for payment.

 

Some creditors phaff about passing you around a group of DCAs and in some instances assign (sell you on).

 

So there is no standard time from missing a first payment/ reducing the amount by way of a reduced plan, to actually having a claim issued against you.

 

A court would not look upon a creditor kindly if an offer was made and refused by the debtor.

[alfwithhair]

Well the usual monthly begging letter from Cabot arrived this morning.

Balance up another £121.26, so since they bought the debt in January 2009 the balance has incresed by £2271.43. What these charges are I have no idea, they have never said or sent any statements, as I believe they are required to do at least once a year.

 

Now they are on the 'Pre Litigation Department route, I think they have been taking advice from Moorcroft to see how many silly departments they can invent.

 

But I did tell them I will see you in court a while back so maybe they are taking the buscuit at long last, will have to wait and see.

[42man]

Just posting this link Alf for future reference - http://www.consumeractiongroup.co.uk/forum/legal-issues/162456-help-statute-barred-debt.html#post1744862

[alfwithhair]

Yet more twaddle form the West Malling Muppets this morning.

They have esculated my account to the 'pre-litigation department'

Whoop di do.

 

Reckon they will be applying for a string of enforcement actions once a judgement has been granted to them.

 

I think they are forgetting I would have to default on the terms of the said judgement before they could apply to use any of their threats.

 

Or there again we might just instruct an external collection agency.

OOOO, who might that be FIRE? or

A Legal Agency? Thats a new one. What the hell is a Legal Agency.

 

They rearly be get on my nerves with their constant threats that never materialise in to anything.

[citizenB]

They also appear rather confident that they WILL get a judgment..

[alfwithhair]

They also appear rather confident that they WILL get a judgment..

 

Well lets see what they get IF they try to get a judgement.

A good spanking by the Judge if I have my way.

[jamanji]

great thread , making me laugh. best of luck and keep it up,

[alfwithhair]

Well after months of threats of court action, legal agencies and external collectors visits, We're back to square one with the idiots.

 

Letter today is same computer generated tosh as the one sent 25th January 2010. So obvious they never read nothing they are sent.

 

So the merry go round starts again.

Oh what joy. LOL

 

See the balance has increased again

 

[alfwithhair]

Well Cabot must be fed up of being ignored, they are trying to burn me with FIRE now.

Notification to Collect ?

Yeh right, Why do they think I am going to pay the FIRE bombers, when their so called 'client' on the next desk never managed to obtain a brass button.

What a waste of paper and the postmans shoe leather

[citizenB]

Dear Sir,

 

References

 

Your letter dated 20th August 2010, mailed 2nd class post, was received by me today.

 

I must advise you that this account is in dispute with the original creditor and I would suggest that you return it to them for resolution of that dispute.

 

You should be aware that once you have been advised that there is a dispute on an account, then you are obliged to return it to your client.

 

Should you continue with threats in the manner you have implied in your rather intimidatory letter, you would be breaching OFT Debt Collection Guidelines. You can obtain a copy of those from the OFT website.

 

Your letter will also be passed to the OFT for their attention.

 

Yours etc, etc

Edited August 25, 2010 by citizenB

[alfwithhair]

Is the above letter still applicable even though MBNA sold the account to CABOT CB?

[citizenB]

So the chain is that whilst the account was in dispute, it was assigned to Cabot, then Cabot has been farming it out to all and sundry yes ?

 

I would say yes, the letter is still valid.. if it was in dispute with MBNA then I would assume that Cabot took over the responsibility for that dispute.. One or the other of them needs to sort it out. Let them fight it out amongst themselves lol

[alfwithhair]

So the chain is that whilst the account was in dispute, it was assigned to Cabot, then Cabot has been farming it out to all and sundry yes ?

 

I would say yes, the letter is still valid.. if it was in dispute with MBNA then I would assume that Cabot took over the responsibility for that dispute.. One or the other of them needs to sort it out. Let them fight it out amongst themselves lol

 

Quick outline to the story is,

This was an A&L card from 1998, MBNA took over the management of the account around 2002.

MBNA failed to supply a valid CCA, send A&L application form, with MBNA terms and issued a default with an incorrect acc number, which they changed prior but failed to notify me.

They then instructed Debt Clear Recovies to collect, which I believe is owned by MBNA.

MBNA sold the account to CABOT (NOA can from CABOT not MBNA)

CABOT have continued to chase and add interest since they allegidly bought it, told them it was in dispute with MBNA as no CCA, CABOT sent some system notes, still no CCA.

CABOT have not farmed it out to anybody else other than FIRE.

Hope this helps

[citizenB]

I have edited the letter I posted for you earlier to remove mention of other DCAs. IMHO, having purchased the account then Cabot are responsible for resolving any issues.

 

Did you ever receive a proper Notice of Assignment ?