Have MBNA/Link Mucked Up???

[joemay]

Well said Duffy ill second every word too maybe an idea to monitor my thread to as im back in court on the 12th may and boy have they (MBNA) messed up not only does the DN not comply (dated 4th April 08 with a remedy date of 18th April 08) they have produced an altered forgery to the court and put the forgery in the court bundle.

 

My thread is here it gets interesting from page 20

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-20.html

 

Regards

 

PF

pompeyfaith - OMG just finished reading your thread:shock: have sub'd so will be following with interest. I may call on you for advise in the future as you seem to be a hell of an expert. Keep up the good fight, but more importantly take care of yourself.

[joemay]

Update- Rec'd letter from link dated 14/4 re: cca request, they don't have it but have requested from OC, they say can take upto 30 days to provide, so I guess the account is in dispute now, and we'll just be playing the waiting game.

[diamondgirl]

This is typical of the plonkers trying to buy more time for themselves. Well the judge didn't even hold a hearing on mine and just struck it out so they get extra days to come up with the goods just because they haven't provided the information that had been requested. They just tell lies and it keeps coming to light what the plonkers are like, I bet they're spitting their dummies out over mine and probably the same over yours. You do realise you're not supposed to have a clue how defend anything - well they realise now that you know something.

Keep up the good work for everyone.

DG

[joemay]

This is typical of the plonkers trying to buy more time for themselves. Well the judge didn't even hold a hearing on mine and just struck it out so they get extra days to come up with the goods just because they haven't provided the information that had been requested. They just tell lies and it keeps coming to light what the plonkers are like, I bet they're spitting their dummies out over mine and probably the same over yours. You do realise you're not supposed to have a clue how defend anything - well they realise now that you know something.

Keep up the good work for everyone.

DG

 

I intend to DG. By the way I maybe calling on you in the future, with all the great knowledge you have of this plonkers;-)

[diamondgirl]

Feel free to, everything I've learnt has come from the great people on this forum without them I would never have got this far.

My thread is : Link Financial - GE Money loads of advice on there if you need it.

DG:)

[joemay]

Hi everyone,

 

I have another question. How do you work out the areas amount on the DN. I'm trying to find out if there are any charges included in this amount as I believe there shouldn't be:confused:

 

Sorry if its a dump question but this is all soo new to me

[citizenB]

Hi everyone,

 

I have another question. How do you work out the areas amount on the DN. I'm trying to find out if there are any charges included in this amount as I believe there shouldn't be:confused:

 

Sorry if its a dump question but this is all soo new to me

 

You should be able to tell from your statements. If they have been adding charges/late payment fees then these should be itemised on your statements. Check the figures on the DN to see if they appear on the statement balance at the point you received it.

[joemay]

Thanks CitiB. What I need to know is how do they work out the amount on the DN in order to remedy the breach. Is it the amount of minimum payments not received or areas? OH has rec'd one notice of sums in areas. It shows total not paid, then total areas (which is different to total not paid), sorry but this is as clear as mud. I have looked at the statements taken off defaul amount and it's not what's on the DN??? I'm completely stupped on this and have come to the conclusion I'm thick Help:D

[citizenB]

Hi Joe, sorry my fault.

 

In the Default notice, I believe they can only ask for the arears ie what hasnt been paid up to the date the DN was issued. They cant ask for the full outstanding balance because that isnt due yet.

[joemay]

Hi Joe, sorry my fault.

 

In the Default notice, I believe they can only ask for the arears ie what hasnt been paid up to the date the DN was issued. They cant ask for the full outstanding balance because that isnt due yet.

 

OK got it, thanks CitizenB you're a star!

[joemay]

Looks as if there is a late payment fee included in the DN amount. The DN amount should be the the minimum payment amt on statement, minus any payments rec'd, then minus the late default charges, if i'm right then they are WRONG and I definately have a dodgy DN in my hands:p

[joemay]

Sorry I need to clarify something. In october a late payment fee was added to the account. Minimum payments are calculated at a % of the total amount, therefore the exact amount of £12 late fee is not on the DN that was issued in March for the areas, but a % of it is, does this then make the DN notice invalid or not:confused:

 

I hope someone can clairify this for me.

Thanks

[citizenB]

The idea is to throw as much confusion toward ANY document you are sent.

 

Ie.. date of remedy from date of issue

 

Are there any charges.. yes apparently.. doesnt matter how much at this stage.. there are some

 

Assignment this to me is the best error they have made.. By assigning over the account to Link before the remedy date they took away 3 days. Plus they shouldnt have done it in the first place.

 

Until you receive a copy of the Agreement/application form and historic t&cs, then you do not know if the clause they have defaulted you on (8) is actually correct. If that darned "cool" smiley appears again.. the figure in brackets should read "8"

 

Meanwhile, pray that MBNA or Link terminates the account as well.. That would really put the icing on the cake

Edited April 20, 2009 by citizenB

[joemay]

Thanks CitiB, Can always rely on you.

 

I was of the impression that the account had been terminated as they have sold the debt to link, is that not the case:confused: OH hasn't rec'd letter from MBNA terminating account, should he have done??

[citizenB]

TBH, Joe, I am not sure you can safely assume the account has been terminated unless they have actually stated that. But yes, one would think that as they had assigned the account that is has in fact been terminated.

[joemay]

TBH, Joe, I am not sure you can safely assume the account has been terminated unless they have actually stated that. But yes, one would think that as they had assigned the account that is has in fact been terminated.

 

After reading some of the threads on here, even if you had a termination letter, you couldn't safely assume, because if they realised they had mucked up they may try and back track to rectify anything:eek:

Thanks again citib

[joemay]

OH never received a termination notice from OC or DCA, only DN and NOA.

 

My question is: Should a termination notice be issued and if so when?

[Massamum]

I didn't either Joemay. But it does say in my default notice "that on or after the date shown, your account will be closed and the credit agreement terminated". Don't know if that would stand up in court as a termination or not. Perhaps its just another of MBNA's cock-ups

[Gazza112]

Hi All

 

Yes, same happened to me DN then NOA, But the NOA came before the remedy of the DN. Another C..k up with MBNA.

 

Gaz

[joemay]

The idea is to throw as much confusion toward ANY document you are sent.

 

Ie.. date of remedy from date of issue

 

Are there any charges.. yes apparently.. doesnt matter how much at this stage.. there are some

 

Assignment this to me is the best error they have made.. By assigning over the account to Link before the remedy date they took away 3 days. Plus they shouldnt have done it in the first place.

 

Until you receive a copy of the Agreement/application form and historic t&cs, then you do not know if the clause they have defaulted you on (8) is actually correct. If that darned "cool" smiley appears again.. the figure in brackets should read "8"

 

Meanwhile, pray that MBNA or Link terminates the account as well.. That would really put the icing on the cake

 

Hi Citib - Thanks for that, have been re-reading your post & I have just realised something and wanted to pick your brain. MBNA was never the original creditor, the account was sold from one bank to another. OH didn't receive letter/notice informing him of this and certainly didn't sign an agreement with MBNA, so my question is......

 

Would he had to have signed an agreement with MBNA, if not then wouldn't the original T&C's(from OC) still be in force, bearing in mind that OH never used the MBNA card. There is, is there not, a possibility the the clause (8) on orig T&C's is not the same as MBNA's.

 

Anyone out there with knowledge of this type of situation, advise would be gratefully appreciated:)

Edited April 30, 2009 by joemay

[joemay]

 

Would OH had to have signed an agreement with MBNA, if not then wouldn't the original T&C's(from OC) still be in force, bearing in mind that OH never used the MBNA card. There is, is there not, a possibility the the clause ("8" on original T&C's is not the same as MBNA's.)

 

Anyone out there with knowledge of this type of situation, advise would be gratefully appreciated:)

 

Anone?

[citizenB]

Hi Citib - Thanks for that, have been re-reading your post & I have just realised something and wanted to pick your brain. MBNA was never the original creditor, the account was sold from one bank to another. OH didn't receive letter/notice informing him of this and certainly didn't sign an agreement with MBNA, so my question is......

 

Would he had to have signed an agreement with MBNA, if not then wouldn't the original T&C's(from OC) still be in force, bearing in mind that OH never used the MBNA card. There is, is there not, a possibility the the clause (8) on orig T&C's is not the same as MBNA's.

 

Anyone out there with knowledge of this type of situation, advise would be gratefully appreciated:)

 

 

Hahaha.. if you find any brain whilst you are picking away... let me know Joe. I will immediately get a conservation order out on it

 

Aha, if the account was originally with another bank then no.. I doubt MBNA will have any signature on documents with their name on? Which bank was it originally ?

[joemay]

No you mustn't put a conservation order on it because I might be fined if anyone finds our I'm picking it:D

 

Marbles, which I think is/was HFC?

[joemay]

Hi CitiB, Marbles(HFC) was the original creditor - does that help OH?

[citizenB]

Hi CitiB, Marbles(HFC) was the original creditor - does that help OH?

 

TBH, I dont know whether it does or not Joe. However, I would think it would have been necessary for HFC to pass on all the original paperwork when they passed all the accounts over to MBNA ! Perhaps, if you do an SAR then you would discover when the account was taken over by MBNA.

 

One thing I am noticing with accounts that MBNA took over from Abbey/Virgin/BOS is that the signature for the company (which appears to be a stamp) is the same squiggle as that on accounts originating with MBNA. How can be ?

Edited May 4, 2009 by citizenB