Virgin Card - Mbna Cca Is It Valid??

[citizenB]

Received an offer to settle from Con naught today for 50% of total debt, MBNA offered to settle for around 35%.

 

This sounds to me like they are not so sure they stand a chance of winning should they follow the legal action path as threatened.

 

[toto003]

HI Bozalt,

 

you have probably read enough threads to know about all this "Partial Settlement" etc garbage that MBNA and friend's try on.

 

IF you do decide to make a deal, please make sure it is Full & Final, in writing. - and that they agree to remove any negaative credit reference info.

 

otherwise.

 

well done!

[bozalt]

Hi Toto and CB

 

It is certainly a step in the right direction, I will certainly make sure that any settlement figure is confirmed as full and final in writing by a 'real' person employed by them and that they remove any negative credit info before I transfer any funds!!

 

Its a long way off until I have enough cash to settle though, MBNA's offer was for less and payable over six months albiet only as partially settled. If a can get Con to agree similar but F&F I will be very happy.

 

Thanks once again for advice.

 

Best

 

B

[sunflower99]

Hi Bozalt

Just popped on to see how you doing ,I have had a rather hectic time as i am afraid Restons/MBNA are determined to drag me inot court and have issued a Summary judgement aginst me thus trying to deny me a proper hearing:mad: But i am fighting back!

Hope you are successful in getting a full and final settlemnt with MBNA,But me careful these DCAS can be very crafty.But if you do make it a proper final settlement and get it all in writinfg i suppose it will be a relief for you to get them off your back'

[bozalt]

Hi Sunflower

 

Thanks for your message, I have been follwoing your thread avidly, sorry they are being difficult with you I hope you get the result you wish.

 

I will be double checking any agreements that are made regards settlement although I dont think I am in a position at the moment to make a counter offer.

 

Until I can I dont think I will even bother to acknowledge their letter.

 

Good luck and Best regards

 

B

[bozalt]

According to credit today MBNA collection agency 1st credit are having a tough time;

 

1st Credit Debt purchase and collections agency 1st Credit has reported a loss of £5.2m after tax from a profit of £7.6m in 2007.

 

Credit Today online

Edited October 2, 2009 by bozalt

[bozalt]

Hi All

 

I hope you are well and taking heart from Sunflowers recent success, I am pleased that things are going the right way for her and am sure it inspires us all.

 

I am once again asking for advice and opinions on my next course of action. I today received a letter from Con naught (Copy attached) in response to a letter I sent in June along the lines of CB's post 116 quoting OFT guidelines in relation to deceptive and unfair methods and also requesting a statement of account showing all payments interest and charges for the last eighteen months.

 

Connaught have sent back a copy of the defective CCA together with statements from MBNA showing the debt was sold to 1st Crudit in Oct 2008. No details of where my payments have gone since then or details of any further charges etc.

 

I would be grateful for any advice as to how I should respond to Con naught? Should I re-iterate the dispute is due to defective CCA and ask for the statement requested earlier?

 

Also should I instigate a claim for unfair charges against MBNA? They were adding around £24-36 charges + £168-190 interest to the account for around 8 months before selling to 1st Crudit!

 

Once again all advice is very much appreciated and I promise to stop hassling for advice as I learn more and gain more confidence!!

 

Many thanks and best regards

 

B

 

Connaught.pdf

[alimehmet]

I must admit I have been pretty stupid, by burying my head in the sand on this issue, as I have a bit of a problem also with MBNA - I requested several times already that I wish to put my account in to dispute, I have not ye started any proceedings against them, simply because I was hoping to reach an agreement with them about charges etc. My debt has now been sold to another company called Experto Credite, with a huge charge on top. I guess I should start proceedings against them.

[bozalt]

Hi Ali

 

Thats kind of the question I am asking, I am not sure whether to instigate a claim for unfair charges before the issue regarding the card balance is settled or at all. I have read on some threads that the claims for unfair charges should only commence after the balance has been settled or the debt resolved.

 

The main thing I am looking for though is how to advice as to how to respond to connaught, I was thinking that I should write a letter stating the account is in dispute, outlining the defective CCA and ask for an up to date statement again. Should I stop making payments of any kind now so that I cease to acknowledger the debt?

 

Once again thanks for any advice given!

 

B

[citizenB]

Hi All

 

I hope you are well and taking heart from Sunflowers recent success, I am pleased that things are going the right way for her and am sure it inspires us all.

 

I am once again asking for advice and opinions on my next course of action. I today received a letter from Con naught (Copy attached) in response to a letter I sent in June along the lines of CB's post 116 quoting OFT guidelines in relation to deceptive and unfair methods and also requesting a statement of account showing all payments interest and charges for the last eighteen months.

 

Connaught have sent back a copy of the defective CCA together with statements from MBNA showing the debt was sold to 1st Crudit in Oct 2008. No details of where my payments have gone since then or details of any further charges etc.

 

I would be grateful for any advice as to how I should respond to Con naught? Should I re-iterate the dispute is due to defective CCA and ask for the statement requested earlier?

 

Also should I instigate a claim for unfair charges against MBNA? They were adding around £24-36 charges + £168-190 interest to the account for around 8 months before selling to 1st Crudit!

 

Once again all advice is very much appreciated and I promise to stop hassling for advice as I learn more and gain more confidence!!

 

Many thanks and best regards

 

B

 

[ATTACH]12978[/ATTACH]

 

bosalt, I am not quite sure of the question.

 

If you have a defective CCA, then you can continue to request a compliant copy. Although with MBNA, I am not sure that will get you very far.

 

Only you can decide if you want to stop payments.

 

Have you received a notice of assignment to 1st Credit ? Are you saying that although you have been making payments toward the account, those payments are not showing up anywhere ?

 

Yes, you can head any correspondence to them, Account in Dispute. But also make it an official complaint.

[bozalt]

Hi Cb

 

Thanks for looking in on my thread.

 

I was just wondering if I should reply to Connaughts latest letter, all they have sent is a copy of the original defective CCA and copies of MBNA statements. I guess that unless they start proceedings there is little more they can do without a valid CCA Connaughts letter indicates they are looking to take further action and just wondered if this warrants a response?

 

I have received no notice of assignment however MBNA statments provided by Connaugh show the debt as being sold and on my credit file it appears that information is being recorded by 1st credit.

 

I have been making nominal payments to MBNA but no record of this has been shown on documents provided by Connaught which does mean the balance is incorrect.

 

I was going to send a letter stating the account is in dispute detailing the reason for dispute and also request an up to date statement. I guess that I havent been notified of assignment and MBNA have not notified or passed on payment to 1st Credit.

 

Best regards

 

B

[underdog13]

Hi Bozalt, bear in mind that most MBNA agreements refer to other terms in the T&Cs; if so and they don't provide the original T&Cs they have not supplied the full agreement:)

[alimehmet]

i believe the question Bozalt is asking is whether he should continue to try and settle with MBNA rather than go the legal route. My only suggestion would be, and this is coming from many months of trying to resolve this directly all to no avail, is to go the legal route. That I think is my only real option now. I am going to put my account formally in to dispute direct with MBNA, while sending an assigned letter to Experto Credite

[citizenB]

Sorry bozalt, I missed the letter at the bottom of your original post:rolleyes:

 

Well that letter looks suspiciously like a Formal demand to me, in that they are demanding payment in full within 7 days.

 

Have they sent you a Default Notice at some time ?

 

If the cca they have enclosed is the same as the other copies they have sent and which are apparently questionable.. then they still havent complied.

 

I am just going to pop back over your thread. BRB

[citizenB]

bozalt, in between mini powercuts:mad: I have had a look back over your thread. I dont see..

 

a proper notice of assignment from anyone to anyone

 

a Default notice, yet this latest letter from Connaughts appears to be a Final demand (although not formally headed as such).

 

If a DN was sent to you, was it valid ? In whose name was it issued ?

 

the documents you have received are illegible and from what can be seen there are no prescirbed terms.

 

Payments you have been making appear to be missing on their records. Do you have records of these payments ? ie paying in slips that have been stamped, bank statements if you are doing online transfer, cheque stubs, postal order receipts ?

 

The letter they sent above, how was it posted (you are keeping envelopes arent you) ? As you will see, the letter is dated 28th September and asks for payment within 7 days..!!

 

Bearing mind there is a postal dispute and millions of letters are reported to be piliing up in sorting offices all over the country. Chances are you might not have received this letter at all ?

[bozalt]

Hi CB

 

No worries, its great that your spending the time looking at this for me and it is appreciated. I hope the power cuts ease up for you otherwise you are in for a frustrating day!

 

I have not received any notice of assignment at any stage, I think I have had a Default Notice, I will look back at my records tonight and scan a copy up I am guessing this will be in the name of MBNA. You are spot on the documents are illegible and do not contain prescribed terms which has formed part of my dispute.

 

I have been making payment by standing order and have copies of all my bank statements so am able to prove these so am unable to understand why they didnt provide a statement detailing these???

 

The letter was sent franked mail and was received on 2 October so not much chance of a realistic time to respond. I am keeping all envelopes now but if any default was sent I hadnt been keeping envelopes at that point, I see what you mean about the post how can they be sure it arrived???

 

Its possible this is just another threatogram. I will post up the DN tonight hopefully this will also be defective, would you mind checking in later to advise me further regarding my next course of action?

 

 

Many thanks again for your help!

 

B

 

Hi Bozalt, bear in mind that most MBNA agreements refer to other terms in the T&Cs; if so and they don't provide the original T&Cs they have not supplied the full agreement:)

 

 

Thanks Underdog, its easy to lose sight of the finder points when dealing with these people!

[citizenB]

Hi CB

 

No worries, its great that your spending the time looking at this for me and it is appreciated. I hope the power cuts ease up for you otherwise you are in for a frustrating day!

 

I have not received any notice of assignment at any stage, I think I have had a Default Notice, I will look back at my records tonight and scan a copy up I am guessing this will be in the name of MBNA. You are spot on the documents are illegible and do not contain prescribed terms which has formed part of my dispute.

 

RIght, then you dont know for sure that it HAS actually been passed over to another company and at some stage you will want proof of this.

 

I have been making payment by standing order and have copies of all my bank statements so am able to prove these so am unable to understand why they didnt provide a statement detailing these???

 

That is good news to hear.

 

The letter was sent franked mail and was received on 2 October so not much chance of a realistic time to respond. I am keeping all envelopes now but if any default was sent I hadnt been keeping envelopes at that point, I see what you mean about the post how can they be sure it arrived???

 

Never mind - it still took 4 days to reach you and the 2nd was a Friday so that only left you today to do something. Hmmm, certainly not enough time to write to them.. but a phone call would have really made their day, wouldnt it ??

 

Its possible this is just another threatogram. I will post up the DN tonight hopefully this will also be defective, would you mind checking in later to advise me further regarding my next course of action?

 

No possible about it.. it is a definite threatogram

 

 

Many thanks again for your help!

 

B

 

 

Yep, I shall be lurking around later on..

[the_shadow]

It also appears very shoddy that they cant even get the name of the company correct at the top, Copinaught? who are they then?

 

 

S.

[citizenB]

It also appears very shoddy that they cant even get the name of the company correct at the top, Copinaught? who are they then?

 

 

S.

 

Well spotted shadow. I just popped that heading into Google and of course came up with Connaught.. but have a looksee what they consider themselves to be .

 

 

"an intelligent approach to debt collection "

[the_shadow]

Well spotted shadow. I just popped that heading into Google and of course came up with Connaught

 

Hmm my Google finds nothing?

 

.. but have a look see what they consider themselves to be .

 

"an intelligent approach to debt collection "

 

Oh the irony

 

S.

[bozalt]

Just found this I had noticed the address was similar;

 

Connaught Collections UK, Ltd. provides credit management and debt collection services. It also offers litigation and insolvency services. The company was founded in 1993 and is based in Croydon, the United Kingdom. As of December 23, 2005 Connaught Collections UK, Ltd. is a subsidiary of 1st Credit, Ltd.

 

Hi CB

 

I have just been through all my records and have located the default notice dated 7 November 2008, which looks to be in order a copy is attached.

 

Checking through my records I did receive a letter from 1st Credit introducing their company and stating the debt had been assigned to them on 12 December 2009, so I guess that is the notice of assignment?

 

I just checked the threatogram and it was dated 28 September but franked on the 1st October!!!!

 

Grateful for your input on this and any advice you have to offer.

 

Cheers

 

B

 

Hi CB

 

I have just been through all my records and have located the default notice dated 7 November 2008, which looks to be in order a copy is attached.

 

Checking through my records I did receive a letter from 1st Credit introducing their company and stating the debt had been assigned to them on 12 December 2009, so I guess that is the notice of assignment?

 

I just checked the threatogram and it was dated 28 September but franked on the 1st October!!!!

 

Grateful for your input on this and any advice you have to offer.

 

Cheers

 

B

 

And here is the default notice...........

 

I would forget my head if it wasnt screwed on.

MBNA Default.pdf

[citizenB]

Hi CB

 

I have just been through all my records and have located the default notice dated 7 November 2008, which looks to be in order a copy is attached.

 

Checking through my records I did receive a letter from 1st Credit introducing their company and stating the debt had been assigned to them on 12 December 2009, so I guess that is the notice of assignment?

 

I just checked the threatogram and it was dated 28 September but franked on the 1st October!!!!

 

Grateful for your input on this and any advice you have to offer.

 

Cheers

 

B

 

 

Umm, no it isnt The case of the missing Default Notice

 

The assignment has to be accurate in every detail.. is it ?

 

Do keep that envelope safe.. naughty of them to predate the letter.

[citizenB]

That is an appalling copy of a Default Notice

 

7th November 2008 was a Friday, so the earliest you could have received it

 

if sent by 1st class post = Tuesday, 11th of November

if sent by 2nd class post - Thursday, 13th of November

 

remedy date given in notice is 24th November so.. either way you werent given sufficient time accordign to the regulations.

 

[bozalt]

quote=citizenB;2479736]That is an appalling copy of a Default Notice

 

7th November 2008 was a Friday, so the earliest you could have received it

 

if sent by 1st class post = Tuesday, 11th of November

if sent by 2nd class post - Thursday, 13th of November

 

remedy date given in notice is 24th November so.. either way you werent given sufficient time accordign to the regulations.

 

 

 

Hi CB

 

You are a bearer of good news, my other thread has just the dodgy DN as a defence so this is all extra ammo against MBNA and their cronies.

 

This time I have attached (I hope) a copy of the letter of assignment! I am not at all sure what should be looking for on this so once again I am grateful for your wisdom.

 

That is naughty not sending the letter for three days when they expect a reply within seven, how is that fair! Particularly with all these postal strikes!

 

 

B

 

quote=citizenB;2479736]That is an appalling copy of a Default Notice

 

7th November 2008 was a Friday, so the earliest you could have received it

 

if sent by 1st class post = Tuesday, 11th of November

if sent by 2nd class post - Thursday, 13th of November

 

remedy date given in notice is 24th November so.. either way you werent given sufficient time accordign to the regulations.

 

 

 

Hi CB

 

You are a bearer of good news, my other thread has just the dodgy DN as a defence so this is all extra ammo against MBNA and their cronies.

 

This time I have attached (I hope) a copy of the letter of assignment! I am not at all sure what should be looking for on this so once again I am grateful for your wisdom.

 

That is naughty not sending the letter for three days when they expect a reply within seven, how is that fair! Particularly with all these postal strikes!

 

 

B

 

 

Sorry had to remove assignment letter because it still had personal details showing !!

 

Here it is with personal details removed.

MBNA 1st Credit Assignment (1).pdf

[underdog13]

 

"an intelligent approach to debt collection "

 

Surely that's an oxymoron:D