Virgin Card - Mbna Cca Is It Valid??

[bozalt]

Hi

 

I just thought I would update the thread.

 

I have heard no more from 1st Credit and still have not received my SAR from MBNA despite clearing security almost a month ago.

 

As per CB's advice I have also made a complaint to the OFT regarding the threats made by 1st Credit to apply for a charging order etc. Which will hopefully be taken into the consideration when the requirements imposed are reviewed.

 

So once again thanks for everyone's support and advice and good luck with your own endevours!

[citizenB]

Hi

 

I just thought I would update the thread.

 

I have heard no more from 1st Credit and still have not received my SAR from MBNA despite clearing security almost a month ago.

 

As per CB's advice I have also made a complaint to the OFT regarding the threats made by 1st Credit to apply for a charging order etc. Which will hopefully be taken into the consideration when the requirements imposed are reviewed.

 

So once again thanks for everyone's support and advice and good luck with your own endevours!

 

 

Sounds as though you have everything pretty much under control.

[bozalt]

Hi All

 

Hope your enjoying the summer, hopefully its going to be a scorcher.

 

I have today received my SARS back from MBNA, it contains the same faulty contract and a few notes about the 000's of times MBNA harrassed me. It also has notes regarding the partial settlement offers made to me but nothing regarding the letters I sent stating I would pay the reduced value only as f+f settlement as well as notes stating I had moved address to avoid payment which is not accurate.

 

One curious thing is that 1st Credit have always stated that the debt has been assigned to them and they are acting on behalf of MBNA however the SARS would indicate that the debt was sold to 1st Credit well over six months ago.

 

I assume 'assigned' means purchased, no notification was in the SARS and that 1st Credit were just playing silly buggers by saying they were acting on behalf of MBNA. I wonder if any of you guys can give an opinion regarding the likelyhood of 1st Credit taking action and also if they are bound to accept the earlier settlement offer made by MBNA?

 

As always any advice offered is much appreciated, I havent heard from 1st Credit for a while!!!

 

Many thanks

 

B

[the_shadow]

Hi All

 

I assume 'assigned' means purchased, no notification was in the SARS and that 1st Credit were just playing silly buggers by saying they were acting on behalf of MBNA. I wonder if any of you guys can give an opinion regarding the likelyhood of 1st Credit taking action and also if they are bound to accept the earlier settlement offer made by MBNA?

B

 

Hi Bozalt,

 

No assign doesnt always mean sold.... there are two different types of assignment, equitable and legal.

 

As I understand if Equitable is assigning the benefits of the contract.. i.e. your payments to go to them instead of the original debt owner who still actually owns the debt. They cant progress with legal action without the original debt owner co/claiming.

 

....and legal assignment which basically is the sale of the debt.

 

Prepared to be shot down in flames if this is wrong

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

[bozalt]

Hi Bozalt,

 

No assign doesnt always mean sold.... there are two different types of assignment, equitable and legal.

 

As I understand if Equitable is assigning the benefits of the contract.. i.e. your payments to go to them instead of the original debt owner who still actually owns the debt. They cant progress with legal action without the original debt owner co/claiming.

 

....and legal assignment which basically is the sale of the debt.

 

Prepared to be shot down in flames if this is wrong

 

S.

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinions. These opinions are based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal or debt related training.

 

Thanks Shadow

 

Thats interesting, I wonder why they pretended that the debt still belonged to MBNA for so long? I also noticed that the nominal payment of £1 a month has not been credited to my account and there is no copy of any notice of assignment in my SAR information.

 

Cheers B

[bozalt]

Hey hey hey

 

Today a new development a letter arrived from Connaught giving 7 days etc, I understand that Connaught are part of 1st Credit.

 

The letter states that they are not aware of any reason for non payment etc, the question is should I reply? As alaways any advice is greatly appreciated!

 

Cheers

 

B

[citizenB]

Thanks Shadow

 

Thats interesting, I wonder why they pretended that the debt still belonged to MBNA for so long? I also noticed that the nominal payment of £1 a month has not been credited to my account and there is no copy of any notice of assignment in my SAR information.

 

Cheers B

 

You should ask for a statement of account that shows those payments:)

 

Hey hey hey

 

Today a new development a letter arrived from Connaught giving 7 days etc, I understand that Connaught are part of 1st Credit.

 

The letter states that they are not aware of any reason for non payment etc, the question is should I reply? As alaways any advice is greatly appreciated!

 

Cheers

 

B

 

Hmmm, well why arent they aware of reason for non payment. Ooops, perhaps MBNA/1st credit havent advised them of this.

 

Just write back quoting the bit below

the OFT guideline clearly state.

 

 

Deceptive and/or unfair methods

2.6

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different parties.

e. not informing the debtor when their case has been passed on to a different debt collector.

 

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

HTH

[bozalt]

You should ask for a statement of account that shows those payments:)

 

 

 

Hmmm, well why arent they aware of reason for non payment. Ooops, perhaps MBNA/1st credit havent advised them of this.

 

 

Just write back quoting the bit below

the OFT guideline clearly state.

 

 

Deceptive and/or unfair methods

 

2.6

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different parties.

e. not informing the debtor when their case has been passed on to a different debt collector.

 

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

HTH

 

 

Thanks for you advice CB, I will do that tomorrow, its always a reassurance to know you are looking out for others.

 

Strangely I received another letter from Connaught today along similar lines although it threatens legal action and is dated 3 days later than the inital one.

 

I notice the letters are send 2nd class, if they are so urgent you would think they would send them 1st class!!!

 

Regards

 

B

[underdog13]

Thanks for you advice CB, I will do that tomorrow, its always a reassurance to know you are looking out for others.

 

Strangely I received another letter from Connaught today along similar lines although it threatens legal action and is dated 3 days later than the inital one.

 

I notice the letters are send 2nd class, if they are so urgent you would think they would send them 1st class!!!

 

Regards

 

B

 

Mine are the same - think they do it deliberately to give you less time to respond in the hope of panicing you into making a mistake.

[bozalt]

Hi Underdog

 

I think you are right, I probably would be panicking and making lots of mistakes if it wasnt for all the help I receive here. How are you getting on with your situation now??

 

I have sent the letter off this morning, so will await to see what news the postie brings in a week or so time!

 

Cheers

 

B

:D:D

[underdog13]

Hi Bozalt,

I'm currently waiting for the bomb to drop, so to speak;)

[citizenB]

Have a read of the OFT Guidance on Debt Collection leaflet, which is

 

here

 

It is worth printing out and keeping.

 

It is a common tactic within the DCA industry to "panic" a debtor either by sending letters that dont allow time for you to get informed opinions or information on your situation. The idea is to get you on the phone, this way they can manipulate the conversation and exploit either the naivite of the person or get them to make an arrangement that they will be unable to fulfill.

 

So yes, it is agreed. If these letters were that URGENT, then they should send them at the very least by 1st class post. To ensure they are received however, I would suggest that Recorded would be better.

[bozalt]

Hi Bozalt,

I'm currently waiting for the bomb to drop, so to speak;)

 

 

Fingers crossed for you that its a bomb that doesnt drop, I guess they will try every scare tactic possible before they risk legal action.

[bozalt]

Have a read of the OFT Guidance on Debt Collection leaflet, which is

 

here

 

It is worth printing out and keeping.

 

It is a common tactic within the DCA industry to "panic" a debtor either by sending letters that dont allow time for you to get informed opinions or information on your situation. The idea is to get you on the phone, this way they can manipulate the conversation and exploit either the naivite of the person or get them to make an arrangement that they will be unable to fulfill.

 

So yes, it is agreed. If these letters were that URGENT, then they should send them at the very least by 1st class post. To ensure they are received however, I would suggest that Recorded would be better.

 

 

Thanks CB thats a very useful document to keep by the phone! I never return calls to DCA's anymore after reading the advice you have given to others. Any correspondence is always by recorded delivery now.

 

Have a great weekend.

 

Thanks

 

B

[bozalt]

I received a letter today from Connaught advising they have requested info from 1st credit - MBNA!!

[citizenB]

I received a letter today from Connaught advising they have requested info from 1st credit - MBNA!!

 

And they reckon they will be more successful in obtaining that information than the last person requesting it .... because ???

[bozalt]

And they reckon they will be more successful in obtaining that information than the last person requesting it .... because ???

 

 

Ha, god knows what they are going to come back to me with, all they ever appear to imply is that they are right and I am wrong!!!!

[citizenB]

Ha, god knows what they are going to come back to me with, all they ever appear to imply is that they are right and I am wrong!!!!

 

Join the club... sigh....

[bozalt]

Not sure if anyone has seen this in the news today;

 

 

News

 

Dispatches to air debt collection exposé - 10/07/2009

 

A Channel 4 Dispatches reporter has gone undercover in a debt collection agency for a programme that will air on 20 July, Credit Today has learned.

 

Presented by Jane Moore, Channel 4 said the programme reveals "some of the tactics deployed to get debtors to pay up, and talks to those unfortunate enough to be on the receiving end of this treatment". Earlier this year, Dispatches reporter Tom Randall got a job as a debt collector inside "one of the UK’s fastest growing agencies".

 

The programme is understood to also focus on the sale of debt portfolios. "Some of the biggest high street businesses are cutting their losses and selling on their bad debts to agencies for as little as sixteen pence in the pound," it said. "Agencies who buy up these debts are entitled to pursue debtors for the full amount. In this multi billion pound industry the stakes are high, and Dispatches reveals the lengths collectors will go to, to recover their debts."

 

Kurt Obermaier, executive director of the Credit Services Association, confirmed that a CSA member had made the trade body aware of the situation. He said the company had the correct policies in place for collections but individual employees may have deviated from them. He was not able to reveal the identity of the agency.

 

Credit Today understands that allegations include collection professionals putting undue pressure on vulnerable debtors, making premature threats of bankruptcy and chasing third parties and statue barred debts.

[sunflower99]

I will have to look out for that proramme! sounds interesting!

[underdog13]

That's one to watch! Thanks, Bozalt:)

[citizenB]

I have marked that one on the calendar. Thanks bozalt:D

[bozalt]

That's one to watch! Thanks, Bozalt:)

 

 

Hi All

 

Fingers crossed it contains some revealing information and shame some of the oppresive agencies and creditors. I also read that a new white paper has been drafted with regards debt and that statory DMP's are in the offing.

 

I have found that Credit Today is a good source of information.

 

Best regards

[bozalt]

I received a letter today from Connaught advising they have requested info from 1st credit - MBNA!!

 

Hi All

 

As they say no news is good news and I dont want to tempt fate but I have not heard anything since my letter to Con naught in June.

 

I do wonder what is going on???

 

I am however struggling on my other thread if anyone would care to offer advice http://www.consumeractiongroup.co.uk/forum/legal-issues/204167-alliance-leicester-unsecured-loan-3.html#post2385260.

 

 

B

[bozalt]

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.