AK Claimform - MBNA card 'debt'

[Capricorn1601]

just the template one to solicitors explaiing that the account is in dispute with the OC

[MeeBroke]

Had a missed call last night. Checked it on the internet and low and behold-it was from Fairfax.

 

Letters going in post today.

[Dotty50]

Yes I have ahad a couple of calls as well and one to where I work (it's seems to be on autodialler)!

[MeeBroke]

Letter from Experto today, sort of trying to be an NOA but failing miserably.

[Capricorn1601]

And all I got was an arrears notice

[MeeBroke]

Letter from Fairfax today, acknowledging my letter and informing me the situation is now 'on hold'.

[ltc1607]

An update I have not heard from MBNA since the sale to Experto until today I received a cheque for over 200.00 saying they found an error in the way credits were added to my account and I was due a refund I do not have to do anything as the account is closed. Whats that all about

[Capricorn1601]

meeBrooke

 

Which letter did you send them?

 

 

LTC - I could do with some of your luck

[MeeBroke]

meeBrooke

 

Which letter did you send them?

 

 

LTC - I could do with some of your luck

 

 

I composed one myself along the lines of an NOA request.

[Capricorn1601]

Letter from Fairfax today, acknowledging my letter and informing me the situation is now 'on hold'.

 

Me too Ive got that letter

[MeeBroke]

And all of sudden I get a letter from someone called AKTIV KAPTAL of Norway who claim they have purchased my 'debt' from the 'original company' Varde.

 

Oddly, although they are a Norwegian company, and apparently have UK offices in Kent, their return address is a PO box in Chester.

[Basil Fawlty]

And all of sudden I get a letter from someone called AKTIV KAPTAL of Norway who claim they have purchased my 'debt' from the 'original company' Varde.

 

Oddly, although they are a Norwegian company, and apparently have UK offices in Kent, their return address is a PO box in Chester.

 

Me too.....

 

BF

[victoria_siempre]

Hi MB

 

Chester is a strangely off balance sheet place; however:

 

"16. ASSIGNMENT OF RIGHTS

16.1 W

here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

16.2 I

t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

16.3 N

otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

16.4 W

here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

16.5 T

he definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

43 Regulation 36 of the EU Directive Regulations.:

 

x

 

v

[MeeBroke]

Thanks VS

 

Remind me of what part of that is relevant to me? Is it the first paragraph?

 

All mention of the original account (still in dispute) has disappeared, as has any mention of MBNA. Nothing at all from Varde (whoever they are/were) since they told me they were placing things 'on hold'.

[citizenB]

For those of you who want to obtain absolute proof that the debt has been assigned.. you could send the letter below. You just need to add the names of the original creditor and the new owner.

 

Draft request for assignment - Amended Draft.pdf

[Dotty50]

Any chance of that letter in a Word doc citizenB please.

 

Don't worry, just changed it to text so that you can cut and paste into word!

[Capricorn1601]

I suppose mine will be on its way.

 

Ground hog day again

[citizenB]

Any chance of that letter in a Word doc citizenB please.

 

Don't worry, just changed it to text so that you can cut and paste into word!

 

Here you go.. just in case anyone has problems converting.

 

Draft request for assignment - Amended Draft.doc

[Dotty50]

Thank you for that, CB

[citizenB]

[victoria_siempre]

Hi MB (not NA)

 

 

For me it’s usually:

 

“16.5 The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

43 Regulation 36 of the EU Directive Regulations.”

 

I don’t bovver with legal stuff because the EU also says:

 

 

 

To be serious, I find I simple request that they are the creditor (as above) plus a further document usually suffices; Yanks are not conversant with EU law.

 

x

 

v

[MeeBroke]

Well Aktiv are very clever.

 

They rang me today from 4 different numbers, two mobile numbers, one London number and one number that appeared to be local to where I live-how did they do that? They must have some sophisticated masking software!

 

I haven't had that level of harassment in almost 3 years!

[Michelangelo48]

Malicous Comms Act 1998. Protection From harassment act 1997. Communications act 2003 and CCA Amends.2006 all expressly prohibit this kind of harrassing treatment. It is a criminal offence! If proved- it can lead to imprisonment! Tell them your all your calsl are recorded- n watch them run! M.

[Michelangelo48]

P.S. Is an NOA request "NOTICE OF ASSIGNMENT" I would like to send one! IS THERE A TEMPLATE! M

[Michelangelo48]

Yes Vic Very clever of MBNA(666) to come into a country, manipulate a debt situation and then leave without trace-leaving chaos in their wake(EXIT STAGE RIGHT)! When are they leaving-enter Virgin and Barclays!