MBNA Termination

[Dinkjames]

Hi there. Hopefully someone can answer a question for me.

 

I received a letter from MBNA in May 2008. It stated as follows: 'You decision not to pay the arrears, despite reminderd...., has forced MBNA to withdraw your credit line and inform CRA's. I received the same letter a month later in June 08.

 

Does this mean that they have terminated the agreement? I have been making goodwill payments on the account since December 08.

 

They issued a DN on 07 April 09.

[Dinkjames]

I have uploaded the first letter and the DN is someone could have a look for me.

 

DN http://i42.tinypic.com/2pzgrxv.jpg

Letter http://i39.tinypic.com/2954spv.jpg

 

I have CCA'd MBNA and they have until 01/06/09 to respond and I have also sent them a SAR

Edited May 26, 2009 by Dinkjames
Images too large

[the_shadow]

The removal of credit line letter isnt a termination, its just advising you you can no longer use the card. I've had one of these....

 

Strange that the default notice came prior to this tho and the rectify date was before this letter :confused::confused:

 

Bizarrly the letter states non-payment may lead to a default notice being issued... err you sent that the month before ;-) This company is confused!

 

S.

Edited May 26, 2009 by the_shadow

[Dinkjames]

The letter was 2008 and the DN 2009.

[the_shadow]

The letter was 2008 and the DN 2009.

 

So it was :| Sorry!

 

Well the default looks kosher, it has the prescribed format of words and the dates work out to allow you 3 days of postal service... how did the letter get to you? first class or business post/tntmail ?

 

S.

[Dinkjames]

Thanks Shadow

 

No idea about the type of postage. I wasn't in the habit of keeping the envelopes back then.

 

Hopefully I will learn more when I get my SAR back.

[the_shadow]

Thanks Shadow

 

No idea about the type of postage. I wasn't in the habit of keeping the envelopes back then.

 

Hopefully I will learn more when I get my SAR back.

 

I meant the postage of the default notice, its key.

 

S.

[Dinkjames]

I meant the postage of the default notice, its key.

 

S.

 

I don't know what service they used for the DN. I didn't keep the envelope in April, as I hadn't found this site yet.

 

Hopefully there will be proof of postage in the SAR request, and I can check there.

[the_shadow]

I don't know what service they used for the DN. I didn't keep the envelope in April, as I hadn't found this site yet.

 

Hopefully there will be proof of postage in the SAR request, and I can check there.

 

Ah right ok. Fingers crossed their records show something.

 

S.

[Dinkjames]

Another twist in the plot. I have been paying MBNA a goodwill monthly payment £3 short of what they demanded I pay every month. This has been paid by standing order every month.

 

I CCA'd them and they have until 1 June 2009 to reply. I have also done a SAR.

 

Today I get a letter of introduction from Link Financial, stating that they are the current owners of the debt and that I should no longer pay MBNA but them.

 

Do I send a 'bemused' letter or do I send a 'Prove it' letter? Or do I sit tight and wait for the CCA request to expire and then fire off an 'In dispute' letter? I have not heard a thing from MNBA other than 1 phone call, which I ignored. My credit file has also been updated to Link Financial MBNA

[Dinkjames]

Anyone?

 

I had a call from Link today. Told them that MBNA still had not complied with my request for the CCA and told them to go away.

 

What is the best letter to send to Link? I have seen a letter requesting the CCA again along with the Deed of Assignment and Section 10 of the DPA. Is that the right letter to send?

[IdaInFife]

the bemused letter:

 

easy ref:

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened. As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

 

Idax

[Dinkjames]

Thanks Ida. I looked at the 'bemused' letter, but as the deadline hasn't expired with regards to the CCA request and the fact that I haven't put the account in dispute yet, I thought it wasn't appropriate to send it.

 

I believe the only reason MBNA have sold the debt, is because of my request for a CCA.

[IdaInFife]

just edit it:

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the MBNA . Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As you are aware while my Consumer Credit Act request remains enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the MBNA for resolution of these defaults and breaches, as Link cannot lawfully pursue any enforcement activities.

If Link chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

Yours faithfully,

 

gives you some breathing anyway and give link something to learn to read with

 

Ida x

[Dinkjames]

You are a sweetheart.

 

I tipped your scales. Please apologise to your husband

[IdaInFife]

he says thanks cause he fell asleep during the footie and now can watch the rest of it

 

 

edited 3 minutes later: he's fell asleep again !

 

ida x

[Dinkjames]

fell asleep again !

 

He'd be happy he did if he is a Manchester fan:)