AK Claimform - MBNA card 'debt'

[blueotter]

Still quiet with me but i don't own anything,can't afford to pay anything,have a defective default notice and an improperly executed cca.

 

If i were them i wouldn't bother with me either.

[MeeBroke]

Same here MeeBroke,

 

I have however just this minute had a call on my mobile from what appears to be an international number wonder if it's them?

 

 

I thought they were in Reading?

[MeeBroke]

Just popping in for a quick update. I have not not heard a word, letter, phonecall in almost 10 months. MB

[MeeBroke]

Unbelievably, I have heard from MBNA, not Exp Cred!!! Read on to find out more!!!

 

It's been the better part of two years since this all started-when I simply requested a copy of my agreement so I could see where it allowed MBNA to ramp my interest rate up to 30% for no reason. They have still not complied.

 

It has been one year since they defaulted me after unlawfully rescinding. I have not heard from anyone since early 2010.

 

Then, as if by magic, a letter from Gail Powell arrives dated 17 October 2010. It has been franked upside down so the 'stamp' is upside down on the bottom of the envelope. Inside the short letter reads something to the effect of 'I understand you have been in touch with your local Trading Standards' office...' It goes on to say that after a 'review' of my account in 2007, they decided to more than double the rate of interest on my account'. That's all it says.

 

Remember, I had never missed or been late on a payment-ever. The last time I spoke to Trading Standards was at least a year ago.

 

Why would MBNA still be writing to me if they've sold on to Exp Cred?

[Basil Fawlty]

There are some very strange goings on at MBNA. I made a CCA request some 18 months ago, then MBNA sold the account to Varde/Experto Credite last year, but then last week I receive a letter from MBNA saying that they cant find the original agreement and wont pursue this in court! Why would they do this and not EC who now own the account? And how do I stand with EC doing the chasing now? I find it a bit confusing.

 

BF

[Dotty50]

It would have been nice to see an explanation of the hike in the rate, like you, mine was always paid on time.

 

I have had one of the letters that Basil describes above, perhaps you will too Meebroke

[MeeBroke]

It would be great if we did but I'm guessing that's unlikely if they sent this letter first. I do find it incredibly odd that I haven't heard from a soul since I sent them the Unlawful Resc. letter. I think it's been close to 10 months since then. No calls, no letters and then suddenly this from MBNA.

 

Very keen to get the default off of my squeaky clean credit score though. It's now been there for an entire year .

[MeeBroke]

Just jumping on quick to say I have now not heard a single word from Exp Cred for over a year. No calls, letters, texts-nothing at all. Default still showing on my CR though.

[Old Cogger]

non-court proceedings good, but default will stay on your file 6 yrs.

[MeeBroke]

non-court proceedings good, but default will stay on your file 6 yrs.

 

 

Yes, sadly I'm well aware of this. I wouldn't even care if it wasn't for the fact we'll be looking to remortgage soon should interest shoot up like they're now starting to suggest it will in the coming months.

 

Absolutely no idea how to progress the situation.

[Capricorn1601]

keep your head down. EC are trying it on with a few of the ex mbna crowd with court papers

[MeeBroke]

Oh no! just had a missed call on my mobile and it was Experto!!! It's about 18 months since I had any contact from them at all.

 

Almost exactly 2 years to the day since I requested my CCA-which was never given.

[Capricorn1601]

If they ring back tell them they have the wrong number

[MeeBroke]

Hmm, after no contact from them in over a year they are now ringing me a couple times a day. Why would they suddenly start to pursue me, and aggressively? I haven't moved or changed my number in all of this time.

 

The last correspondence was my letter to MBNA accepting their Unlawful Rescission, which I copied to Exp Cred. Both sent registered and were signed for, neither responded. Again, this was over a year ago.

[Muffintop]

I wonder if things hot up after a few years and them knowing there is the statue barred issue, although after recent reads on credit file threads it appears this can actually go on longer if they re list the default, have you paid them anything in all this time

[MeeBroke]

Not a penny since I made my CCA request early in 2009.

[minmoo]

Hi guys, i am in the same position with mbna but no cca yet after 6 months. Can i just ask muffintop a question. I read on your thread that the worst thing you did was not pay anything as this made your creditors call in their money after you got a default. Do you mean the likes of an overdraft etc?

I stopped paying in the hope they would talk to me but they havent

 

Anyway, i am following with interest. Thanks.

[victoria_siempre]

Hi minmoo

 

This is at a slight tactical tangent, but I favour paying £1 to the OC only. In the recent splendid High Court judgement against our friends from across the pond the judge made a point of incomprehension of a debtor totally ceasing payments (nods and winks and wigs).

 

In practice, the major tactic is to harass folk via some DCA bandit and tame legal cowboy and I find that £1 + European Credit Directive knocks the xxxxxxxxxxx on the head; though I have a long way to go and much to learn.

 

But learn and fight I will, with CAG.

 

x

 

v

[Basil Fawlty]

Hi minmoo

 

This is at a slight tactical tangent, but I favour paying £1 to the OC only. In the recent splendid High Court judgement against our friends from across the pond the judge made a point of incomprehension of a debtor totally ceasing payments (nods and winks and wigs).

 

In practice, the major tactic is to harass folk via some DCA bandit and tame legal cowboy and I find that £1 + European Credit Directive knocks the xxxxxxxxxxx on the head; though I have a long way to go and much to learn.

 

But learn and fight I will, with CAG.

 

x

 

v

 

Victoria, since hitting them with a request under CPUTR 2008, 3 different companies have written back stating that they cannot find the paperwork and accept that the account is unenforceable (but they can still chase, harrass me, beat me up, shoot me, etc etc, but not enforce in court). I have not paid these anything for over 2 years now. Would you advise paying them a £1 a month, even though they're saying they cant go to court, or should I carry on paying nothing and hope the 6 years are up before they find anything?

 

BF

[victoria_siempre]

Hi BF

 

The sun shines on the righteous and the unrighteous; and you are indeed blessed by their admission of omission: dx would say no CCA, no pay, simples. However, where they have concocted some crap CCA recon, for the less blessed or damned, I favour the £1.

 

But hey, it's all tactics and small beer; none of this interferes with my dialogue with God; and in the long run we're all dead, as Keynes put it, whilst advocating employing men to dig holes in the ground and bury gold, thereby creating a market for enterprising men to employ other men to dig it up. It is a brave new world that has such creatures in it, innit?

 

x

 

v

[MeeBroke]

Hi minmoo

 

This is at a slight tactical tangent, but I favour paying £1 to the OC only. In the recent splendid High Court judgement against our friends from across the pond the judge made a point of incomprehension of a debtor totally ceasing payments (nods and winks and wigs).

 

In practice, the major tactic is to harass folk via some DCA bandit and tame legal cowboy and I find that £1 + European Credit Directive knocks the xxxxxxxxxxx on the head; though I have a long way to go and much to learn.

 

But learn and fight I will, with CAG.

 

x

 

v

 

In my approach I think that a well maintained paper trail of documentation would go a lot further than a £1 payment. I can demonstrate that I never ignored any of their letters without responding and that I separately send loads of letters that they never responded too.

 

The other issue that I would never have thought about in the beginning is the Statute Barred element. The Statute Barred clock doesn't start ticking until you have stopped paying. Therefore, I'm already through a third of this period. Was never hoping for that outcome but it's looking like the only way.

[victoria_siempre]

Hi MeeBroke

 

I don't disagree with you about the significance of zero payment to the criteria for SB status. I tend to analyse this caper on the basis of what I would say in court if, God forbid, it got that far; I pay £1 because that is all I can afford towards an account that I had benefit of notwithstanding that they cannot produce compliant documentation. It is all tactics and horses for courses; I am not trying to say my view is superior, just giving a nod and wink to my friend minmoo.

 

x

 

v

[MeeBroke]

Super sorry V, wasn't having a go at all, just was explaining my approach. Every case is different. In my case, I could easily afford to make the payments. In fact I could easily pay off the balance. I just refuse to give them any more money until they show me where I signed any agreement that would allow them to treble the interest whenever they want, for no reason at all. That's where my story began. Never missed a payment. Pefect credit score. And then one day, without notification, they trebled the interest rate on my account to over 30%. To date they have never supplied me a proper CCA, let alone anything that suggested they could do this.

[victoria_siempre]

Hi MeeBroke

 

I never take a chap's conviction as offence; and I'm very impressed that interest becomes a principle to the denial of principal.

 

love

 

vic

[Old Cogger]

Experto trying it on with a lot of old alledged accounts after silence for a while it would seem , as their advert states they do not give up, wonder what FSA/etc would say with a complaint/s about ignoring debt collection guidelines???