experto claimform - Mbna- Virgin Card ***Claim Discontinued***

[haggis1984]

Hi Thanks Vint & Haggis,

 

Not going to be around much today got hospital appointments so will have alook later.

 

 

Make sure they get you fighting fit - need all our soldiers war ready on CAG!

[Dotty50]

Here is the letter, as promised.

 

Going to do some more reading tonight.

A1 - 26TH JAN 10 - with deletions.pdf

[rev.ian]

Now as I understand it, MBNA are the ones who must inform you they have assigned the debt to the DCA not the other way round.

OFT Debt collection guidance

2.6

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

different debt collector.

My response would be; MBNA have not informed me you are dealing with the above account quote the above and suggest the account is sent back to MBNA for rectification.

[Dotty50]

Hi thanks for all the posts, not had chance to do anything, was going to get on the case this weekend.

 

Had a reply to my complaint today, not really an easy one to put on here due to recognition but it basically says that they could not comment on the handling of the telephone call I made as they do not record all their calls, their specialists are educated to a high level to ensure calls handled professionally, they agreed that they had failed on this occasion and apologised. No mention of F & F so guess not interested!

 

They have 'sold' to Direct Legal and I can contact them to arrange payment.

 

They deny receiving the CCA request and asked me to send a 'cheque' for £1 and they will reply asap.

 

They do not regard the account in dispute, final response etc.

 

I have signed proof from the Royal Mail website for CCA request and Account in Dispute letter and for Account in Dispute to RMA.

 

The copies of correspondence I sent in August is showing delivered by Royal Mail but there is not the signature screen to print, not that I would have thought that would matter.

 

So, I have now a few letters to get done

 

1- Unlawful Rescission to MBNA (once I have read up on exactly what this means, although I have a fair idea)

2 - Reply to this letter advising that I have proof of delivery etc?/and advising that FOS complaint to go in?

3 - Letter to Direct Legal advising, dispute/unlawful rescission etc?

 

Haven't done SAR yet, should I put that in now as well? To both MBNA and DL?

 

Sorry for long post, but it has been a long wait!

[haggis1984]

Im same position as you Dots, did letter to MBNA accepting recission and letter to DCA explaining my position (unlawful recission and no CCA).

 

I complained to FOS ages ago, took them 4 months to tell me that 'issues of enforceabillity are for a court to decide.'

[Dotty50]

Hi Haggis,

 

I had seen posts advising the length of time the FOS take, not surprising really with the amount of complaints I expect they are receiving. So maybe that one will wait, although they get fined, don't they for any complaints received?

 

Oh and forgot about a letter regarding loss of my personal data!

[haggis1984]

Im pretty sure they only have to pay for complaints that are upheld

 

With the loss of personal data perhaps give the ICO a call? The letter says MBNA have already been in touch with the ICO so they may be able to update you.

[vint1954]

Now as I understand it, MBNA are the ones who must inform you they have assigned the debt to the DCA not the other way round.

OFT Debt collection guidance

2.6

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

different debt collector.

This is only when they change DCA's that will chase the debt on their behalf. Assignment is basically the sale of the debt to a third party. That comes under the LPA 1925. Two different situations.

 

My response would be; MBNA have not informed me you are dealing with the above account quote the above and suggest the account is sent back to MBNA for rectification.

Depends if they are chasing on behalf of the OC or have purchased the debt.

[brooooooooooce]

With regard to the FOS and its charges - the firm complained about is charged around £500 by the FOS regardless of outcome (I know from personal bitter experience!). Some people and firms use it as a bargaining chip to try and resolve disputes without using the FOS. When I was an IFA we were encouraged to resolve minor disputes by offering a couple of hundred quid.

[Series3]

if your DN is in the same envelope as mine it will be franked 0036 (mine being from MBNA)

this is first class post not second class.

making DN correct.

[vint1954]

036 will only be on royal mail. MBNA mostly use ukmail second class

[Series3]

yes

mine is still in the envelope and is 0036 franked..

has the orange bar codes

0025 is second class

0036 is first class

saving them 3p a letter...lol

[Dotty50]

Hi

 

Series 3, my DN was only 2nd class, so it's a day short to comply. Although, they sold it on 19th January, 9 days before the remedy date!

 

Had a thought about the £1 P/O I sent for the CCA, I have the receipt so will see if it has been cashed. I know I have seen a link posted on some threads, does anyone know it please?

 

If it has been cashed, that's a little more against them as they have written denying any knowledge of my letter/s

 

I think SAR is definitely something to get sent off asap, I can see now why some Caggers advise to leave this request till the account has been terminated, do I send it to MBNA or DLC or both?

 

Perhaps Vint can answer the above question, this CC has been sold, according to both MBNA's & DLC's letters.

Edited February 1, 2010 by Dotty50

[citizenB]

Dotty, if you telephone 01246 542091 the post office will tell you when it was cashed. Ask them if they will write and confirm that for you. They are very helpful. Number above is a direct line so no queuing

[Dotty50]

Thanks for that CB, will call in the morning

[vint1954]

Hi

 

Series 3, my DN was only 2nd class, so it's a day short to comply. Although, they sold it on 19th January, 9 days before the remedy date!

 

Had a thought about the £1 P/O I sent for the CCA, I have the receipt so will see if it has been cashed. I know I have seen a link posted on some threads, does anyone know it please?

 

If it has been cashed, that's a little more against them as they have written denying any knowledge of my letter/s

 

I think SAR is definitely something to get sent off asap, I can see now why some Caggers advise to leave this request till the account has been terminated, do I send it to MBNA or DLC or both?

 

Perhaps Vint can answer the above question, this CC has been sold, according to both MBNA's & DLC's letters.

Hi Dotty,

 

CB has given you the number, however I think that there are 2 numbers you can now phone to check if they have been cashed:

 

01246 542091

 

01246 542500

 

Best to try CB's first.

 

Your SAR needs to go to MBNA. They do not tend to issue termination notices, but your SAR will tell you if they have.

 

Use the forum template and make sure that you ask for everything that you need, especially the comms log.

[Dotty50]

Hi Vint,

 

You are such a great help, thankyou.

 

Just one more question, if I may, should I also send the Unlawful Rescission letter as well?

[vint1954]

Hi Vint,

 

You are such a great help, thankyou.

 

Just one more question, if I may, should I also send the Unlawful Rescission letter as well?

Yes,, once you have confirmed that they have terminated, which they have by selling it on or demanding the ballance in full.

 

Get that off to MBNA, head office address.

[Dotty50]

Thank you.

 

You're a star!

[Dotty50]

Hi, Thanks to CB and Vint, used the first number and very quick to reply. (guess not too many use this facility ....... yet!)

 

It seems that once 90 days have elapsed, all the information is archived, they did say that archiving usually means that the order has been encashed. An investigation for further confirmation can be done but only if it is considered that they have been fraudulently encashed.

 

I honestly can't remember if I made it payable to MBNA in which case, anyone could have cashed it! But I will not say this to MBNA, only that my investigations show that it has been cashed, but due to there inability to reply to my letters (which I have signed proof of delivery) sooner, I am unable to confirm the date of encashment.

[Dotty50]

Hi, SAR prepared.

 

Is there anything I have missed that anyone can think of on this list?

 

I need to check the address as well although it should be passed to the data controller as per the letter.

SUBJECT ACCESS REQUEST LIST OF REQUIREMENTS.doc

[haggis1984]

Hi, SAR prepared.

 

Is there anything I have missed that anyone can think of on this list?

 

I need to check the address as well although it should be passed to the data controller as per the letter.

 

You could include 'copies of all correspondence sent from MBNA to me and to any third parties in realtion to this account.'

[Dotty50]

Thanks Haggis,

 

Added that and it is now in the post. Photocopied postal order and will ensure that I check for encashment before 90 days are up!

[Dotty50]

Hi,

 

Prepared the Unlawful Rescission letter, made a few adjustments, so that MBNA don't get too bored reading the same letters as I expect they will be getting a few this week!

 

Have also done this one to go to dlc. Any advice or opinions before I send it?

 

I was wondering whether to ask them for a copy of the assignment!

 

Or whether they had obtained my information from a laptop that had recently been stolen from MBNA!

 

Should I ask for their written confirmation that they have passed it back to MBNA?

Response to DLC.doc

[vint1954]

Maybe just a couple of changes Dotty.

 

I am in receipt of your letter dated XXXXX January 2010 advising that the above, alleged debt has been assigned to Hillesden Securities Ltd, trading as direct legal & collections (dlc).

Please note that, this alleged balance has been in serious dispute with MBNA and has been since XX May 2009. I have signed evidence of receipt of this dispute at MBNA and would therefore request that you make no further contact with me and refer this back to MBNA immediately.

Further, unless you can prove to the contrary, I believe that you do not hold any signed authority to report any information concerning myself to credit reference agencies. I would therefore advise you, that if any unlawful entries are made on my credit file, I will immediately issue a complaint in to the Information Commissioners Office and the Financial Ombudsman Service.

I would also advise, that MBNA have unlawfully rescinded the above agreement, an act that I have accepted in writing to MBNA

I would advise that this is my final response to your company.