Chalkitup v MBNA Loan / Equidebt

[Chalkitup]

Hello All,

 

As some of you know by following my Chalkitup v DCA's thread I have been in a DMP (debt management plan) with CCCS for quite a time now.

All was going well until a few creditors decided in their wisdom that they should involve DCAs. This thread and others which I will soon start for each individual creditor will reveal the up to date happenings.

 

So here we go ..... MBNA (Loan) / Equidebt

 

Was going quite nicely with MBNA in DMP ... then late 2008 MBNA decide to change things.

 

Nov 2008 ..... MBNA send me letter .... We will write off as bad debt and you will be liable for balance or refer account to DCA.

 

Dec 2008 .... receive Default Notice dated 03/12/08 and I am given to 19/12/08 to remedy by paying arrears. Sent by 2nd class post ... I have the envelope.

 

20/12/2008 ..... receive Closing Statement from MBNA dated 17/12/08 and saying account has now been sold to a third party and MBNA are no longer dealing with this account. Arrears shown are approx half the amount of arrears shown in Default Notice received two weeks earlier??

 

22/12/2008 .... receive letter from MBNA dated 16/12/08 confirming outstanding balance has been sold to Equidebt.

 

Am I correct in saying MBNA should not have sold the account until after the 19/12/08 which was the Default Notice remedy date?

 

Onwards and Upwards

 

Chalkitup

 

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200901-anatomy-default-notice.html

 

can you post up the DN, with the dates you have certainly makes it invalid and well done keeping the envelope

 

20/12/2008 i take this as your termination notice?

 

ida x

[banker_rhymes_with]

Hello Chalkitup!

 

Many thanks for the PM.

 

I think play the waiting game now, and while waiting, send MBNA another SAR just to get all that you can on them.

 

Wait for EquiDebt to appear for their first Toot, and hit them with a s78(1) Request and the usual No Harassment, No Trespass, No Visitors, No Calling, Keep It In Writing letter.

 

Wait a little while longer, then SAR EquiDebt as well, to get a peek at things from their side.

 

Then let battle commence if EquiDebt want to push the issue, or see if they run away to go bother someone else that is a softer target.

 

Complain about MBNA anyway, as I suspect they have made a few mistakes. The SAR may help you to spot most of them. Let the world and his dog know what they have done, if only to give yourself some satisfaction that you are hitting back.

 

Not much more to add at the moment, as we'll just have to see where this one goes.

 

Hope you are getting better now, do not let this lot grind you down.

 

Cheers,

BRW

[Chalkitup]

Hello IdaInFife,

 

Thanks for your reply .... the link was very helpful and now copied to my database.

The letter I received from MBNA on 20/12/08 and dated 17/12/08 is just entitled Closing Statement and lists the last seven transactions plus says account has been sold. No mention at all of termination.

Infact on now looking at the small print it actually says "You can settle this agreement at any time by giving us notice in writing and paying off the amount you owe" ??

 

Hello BRW,

 

Thanks for looking in .... I have read the posts you suggested in your PM and it has got me back on track .... I think!

I will send SAR to MBNA ...... have not actually done that yet on this loan account ..... Just a thought but I also have a credit card with MBNA which is of course also in my DMP (and now in dispute) ....... can I demand all details for both the MBNA loan and MBNA credit card under the one £10 SAR as I did with my two Nat West bank accounts?

Funnily enough .... I am at present waiting the reply to my recent CCA request to Equidebt. I have read the riot act to them regarding phone calls ... which have ceased ..... and as soon as I have their CCA reply or their time limit is up I will send the normal In Dispute letter adding all the no callers etc etc stuff.

 

Thank you once again both,

 

Onwards and Upwards

 

Chalkitup

[banker_rhymes_with]

Hello C!

 

can I demand all details for both the MBNA loan and MBNA credit card under the one £10

Yes, indeed.

 

It's a Data Subject Access Request, and you are the Data Subject.

 

So, the request is never Account specific, they have to send you everything they have that relates to you as the Data Subject.

 

However, send them a long list of anything you do specifically want, just to make sure they don't accidentally overlook something tasty!

 

I'd ask for everything, including the kitchen sink...if it has your name on it, or that can be linked to you in any way.

 

HTH

 

Cheers,

BRW

Edited August 7, 2009 by banker_rhymes_with
Tripe-O and Clarity.

[Chalkitup]

Thanks BRW,

 

I will get the SAR sent off tomorrow.

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Hello BRW,

 

I checked the figures today and found the following ........

 

08/2008 received letter from MBNA saying £xx in arrears

 

10/2008 received arrears notice from MBNA saying £xx in arrears - same figure as 08/2008

 

12/2008 received DN from MBNA saying £xxx in arrears ... this figure is 59.4% more than previous arrears figure I was given

 

12/2008 received closing statement from MBNA saying £xx in arrears - same figure as 08/2008 and 10/2008

 

12/2008 received another arrears notice from MBNA saying £xx in arrears - same figure as 08/2008 and 10/2008 and closing statement 12/2008!!!!

 

So everything shows arrears as the low figure except the DN which is 59.41% higher arrears figure

 

Surely that will be in my favour.

 

Onwards and Upwards

 

Chalkitup

[angel_1]

hello Chalkitup im subbing if i may please

 

wishing you luck on this mad journey take care for now laters angel x

[supasnooper]

If you haven't already sent off your Subject Access Request; may I just add that you request the MBNA Communication Log ( or MBNA Customer Information System printout ) for the accounts.

 

Hopefully, they should send you one as it is a treasure trove of info.

[Chalkitup]

Hello angel_1,

 

Welcome aboard what will probably turn into another Chalkitup v MBNA epic.

 

Hello supasnooper,

 

Thank you for that info .... I am waiting till next week to send the SAR as I want to familiarise myself with my other MBNA CC account .... just need to read it all through again and list the things I require them to send me ... basically everything!! I will add MBNA Communication Log ( or MBNA Customer Information System printout ) for both accounts.

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Hello All,

 

I waited five months and have received a totally unreadable piece of paper that is meant to be an agreement .... so I telephoned CCCS to with hold my monthly payment to this creditor and it has resulted in CCCS wanting rid of me .........

 

See here.....

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/245247-cccs-closing-dmp-re.html

 

Onwards and Upwards

 

Chalkitup

[Chalkitup]

Update ...

 

HOLD THE PRESS ...... It is official from Equidebt ...... Chalkitup is boring!!!

They put in their letter to me "We are not prepared to enter into prolix correspondence". He He .... My letter was obviously replied to by the Equidebt worker who listened at school ...... for any other DCA employees reading this thread ...... the Cambridge Advanced Learner's Dictionary defintion of prolix is .... "using too many words and therefore boring or difficult to read or listen to"

 

Anyway .... After a few (BORING) letters between Equidebt and myself they have finally come up with an A4 size agreement instead of the reduced size one they kept sending. But still very hard to read unless I use a high powered magnifying glass.

 

But MBNA have goofed on this account anyway by selling the outstanding balance to Equidebt six days before the DN stated. (See previous posts).

 

Am I correct in saying the fact the DN has a 59.41% higher arrears figure than all the statements etc MBNA sent me (see Post 7) will be another nail in their coffin?

 

At present I am awaiting an answer to a (boring) complaints letter I sent to MBNA .... after they (MBNA) answered my previous complaints letter that I sent to Equidebt!!!

 

What should my next move be please ...... do I write another immensely interesting and adventurous letter to Equidebt or do I send a letter accepting unlawful repudiation to MBNA regarding the DN received in 2008 ...... or is it too late for that plus the fact I kept paying in a DMP after receiving DN because at the time I did not realise it was incorrect.

 

I have not sent SAR to either yet as I was waiting to see what Equidebt sent to me in reply to CCA request. Equidebt now say complaint finalised and want paying!!

 

Thanks

 

Onwards and Upwards

 

The Very Boring Chalkitup

Edited June 13, 2010 by Chalkitup

[Hardupnotfedup]

Account was sold after a faulty DN. So legally you are only liable for the arrears that were due at the time. Is this not unlawful recission, I am sure someone more knowledgeable will confirm this.