AK Claimform - MBNA card 'debt'

[Michelangelo48]

Sorry silly me on mobile- thanks V. See the template!MA

[Dotty50]

The assignment template is in post 328

[MeeBroke]

Wow, these guys are pursuing me more aggressively than any of the previous cowboys. Sometimes up to 8 calls a day, including weekends.

 

I sent them an NOA request (1st Recorded, as always).

 

In the mean time they have written to offer to settle for 50% of the balance. This is the first time anyone in the long line of people that have written to me have ever suggested 'settling'. Of course, I have no intention of doing so.

[victoria_siempre]

Hi MB

 

50%; you're half way there.

 

I sometimes track down a normal landline # and call them 100 times (sometimes I get confused and dial their fax # in error). Their calls then cease; I had a call from Arden the other day complaining that someone kept calling from my number; O what irony.

 

x

 

v

[MeeBroke]

Just to update on the trail of madness that my original account has traveled, here it is:

 

Virgin

MBNA

Global Advantage

Optima Legal

Aegis

Experto Credite

HL Legal

Fairfax

Aktive Kapital

[victoria_siempre]

Hi MB

 

That's very good.

 

What does your CRF give the current status as?

 

x

 

v

[MeeBroke]

Haven't checked in about a year but need to as this is now blocking us from a house move. It remains the only mark on my credit score, ever.

[victoria_siempre]

Hi MB

 

Don't mourn, organise.

 

x

 

v

[Capricorn1601]

Hi MB

 

50%; you're half way there.

 

I sometimes track down a normal landline # and call them 100 times (sometimes I get confused and dial their fax # in error). Their calls then cease; I had a call from Arden the other day complaining that someone kept calling from my number; O what irony.

 

x

 

v

 

Love it

[MeeBroke]

Well, they'll definitely have received my letter and, as if by magic, the calls stopped. Not one call thus far today.

[Capricorn1601]

victory

[MeeBroke]

Letter received from Aktiv Kapital:

 

Please find enclosed a copy of the Notice of Assignment and our complaint procedure.

 

This letter serves to acknowledge your concerns and to confirm to you the matters raised are being reviewed and investigated and a full response will be issued to you in due course.

 

I can confirm that we have contacted the original creditor in order to query your dispute, once we receive a response from them, we will contact you with the same.

 

Please find our consumer credit license number at the bottom of the page. I can confirm that Aktiv Kaptital is not governed by the FSA therefore I am unable to provide you with the details requested.

 

----------------------

 

What they have sent is the copy of the first letter that they sent me, which is a letter from them telling me that they have 'recently purchased your outstanding balance from Varde Investments'.

 

Never had I had any correspondence from Varde to say they had purchased my 'balance' nor have I ever had anything from MBNA to say they've sold on to anyone. Surely this isn't an NOA?

 

There is not one word anywhere in what I've been sent about a complaints procedure.

 

Also never did I mention to AK that there was any 'dispute'.

 

Not sure how to respond to this.

[victoria_siempre]

Hi Mebroke

 

43 Regulation 36 of the EU Directive Regulations.

16. ASSIGNMENT OF RIGHTS

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.

 

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.

 

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.

 

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.

 

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.

 

71

x

 

v

[MeeBroke]

Update:

 

I had a letter from them about a month ago letting me know they were still investigating. Nothing since then.

[Michelangelo48]

my account has travelled a similar route Santander/MBNA/Global Vantedge (new,delhi)/MBNA/Aegis Ltd.(Mumbai)/MBNA/Idem/Arden Credit Management. I have just cca'd Arden at Solihull.this seems to be a deliberate scheme by MBNA to try and confuse people and vary the harassment. coercion and undue pressure s expressly and totally outlawed by the OFT in the CPUTR 2008 Regs! all very unfair and I think the more we share data the more we see through their underhand schemes and beat them at their own game! well done!!! M.

[victoria_siempre]

Hi M

 

Let us know how the Arden CCA progresses. I haven't bothered to yet since they decline to provide a Final Response to my complaints from the three 'entities' (maybe emetics) that have threatened me so far although I have invited said response...

 

love

 

vic

[Michelangelo48]

Hi Vic and M will do on the CCA.

[MeeBroke]

Enormously fat envelope arrived today from Aktive Kapital containing same old grainy photocopy of tear off portion of application, photocopies of 'T&Cs' from various eras, and what appears to be a copy of many years' worth of statements.

 

No sign of MBNA faulty DN or comms log proving unlawful rescission. In fact, although I've referred to the UR in all correspondence, AK has ignored it and not mentioned it.

 

How to respond?

Edited May 29, 2012 by MeeBroke

[vint1954]

Have you looked out Harrison v Link

 

Don't make the mistake that I did in my initial defence.

 

Go for s78 non complience and the DN being faulty.

 

Bring this up forcefully now and going forward and it may just put them off.

 

Vint

[vint1954]

Enormously fat envelope arrived today from Aktive Kapital containing same old grainy photocopy of tear off portion of application, photocopies of 'T&Cs' from various eras, and what appears to be a copy of many years' worth of statements.

 

No sign of MBNA faulty DN or comms log proving unlawful rescission. In fact, although I've referred to the UR in all correspondence, AK has ignored it and not mentioned it.

 

How to respond?

 

When they reconstruct the DN, they get it wrong. Keep the original DN. Was it faulty on dates and demanding the full ballance?

 

Vint

[vint1954]

Have you looked out Harrison v Link

 

Go for s78 non complience and the DN being faulty.

 

 

That's the original CCA request s78 sent to MBNA

[MeeBroke]

When they reconstruct the DN, they get it wrong. Keep the original DN. Was it faulty on dates and demanding the full ballance?

 

Vint

 

Thanks Vint

 

Both. Comms log shows they sold on during notice period as well. Have both faulty DN and envelope neatly filed.

[MeeBroke]

Well, on the same day I received a letter from AK's legal chaser giving me 14 days to respond and also a letter from AK asking me for a copy of the defective DN.

 

Now, shouldn't they have a copy of this doc already? Should I be weary of supplying them with one, seeing as that everyone involved in this situation thus far have shown a perchance for dishonesty and deception-including fabricating documents etc.

 

Or should I write to them telling them to take it up with MBNA?

[Old Cogger]

do not give them DN at this stage, it is up to them to supply their own.

 

tell them to take up with MBNA direct.

[Old Cogger]

in court I had a copy of DN the other sides solicitor did not due to the OC had not passed latest info to him, I was using the latest court case published regarding faulty DN not being Deminus I had to give him my copy (only at this stage - he did not have time to study -great) wish I had got it back from him but slipped my memory as the case is on going.