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abbey/mbna trying to put pressure on!!!


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should they still be phoning during the 14days

allowed to correct DN.?

i will keep a close eye on your thread.

good luck with your battle

 

No they shouldn't be,it constitutes harassment,they've informed you by letter. Don't bother getting involved in a telephone discussion with them,if you haven't already just say that you wish all correspondence matters to be in the written format.

The telephone dogs are on bonuses and you'll find some are more agressive and persistent than others,you could baffle them with your knowledge of due process but tbh its not really worth the bother.

 

As you know they didn't terminate my defective default letter,i was only aware it had "left" mbna when i received a letter from capquest telling me they'd bought the account.

Stick with it mate,we're all here to support each other in whatever way we can.

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thank you both,

i have sent letter as advised vint, recorded of course

will post up any developments as they happen.

thanks for you words blue otter, fear not mate

i do not speak to them on the phone.lesson 1 learnt

by reading through this site.

i am strong and will fight my corner with the help from you good

people. This is the only thing i have ever kept from my wife :xand

its good to be able to converse with people in similar predicament.

have a good day all...:p

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  • 2 weeks later...

have just recieved the following letter from

Experto Credite.

note date on their letter is 3 days before

remedy date on D/N sent by mbna.

does this this definately mean mbna

have terminated on the back of an

invalid D/N and illegible reconstructed

agreement.

no notice of asignment has been recieved.

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Just a quick observation,

where is the credit limit on the so called credit agreement/application form ? Have I missed it?

 

Welcome to the MBNA cart before horse club they did the same to me but sold it a few weeks before their DN was up. oops

 

Pumpytums

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welcome to the thread pumpytums.;)

 

no, you didnt miss it. i have no idea what my original

limit was. as you can see it does not state on agreement

amount,but 1a states "we will advise you of your creditlimit"

tbh i am not worried about the original blue peter

agreement.

have read your thread as it is similar to mine.

dca have changed the last 9 digits of my acc no.

any thoughts on

a- dn not compliant

b- sold to dca before remedy date.

c- change of acc number.

d-illegible agreement.

e-paragraph 8f on original agreement? as

stated on dn.original agreement only numbered to3b.

thanks for looking and good luck in your own battles.:)

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Cheers Big.syd,

just a quick question ring up MBNA and ask them when they sold it? I don't think it can do any harm as the debt is sold on like mine. If they question you just say you were checking that it had been sold and you needed the new owners contact details to verify sale blah blah etc. They seem quite forthcoming just a little icy.

 

Do you have access to your credit file? If so is it shown as a default and who is the originator? I signed up to equifax for the free 30days, contained some interesting info see my thread.:)

 

Pumpytums

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letter
For Experto.

 

 

Ref Account xxxxxxxxxxxxxxxxxxxxxxx

 

Dear xxxxxxxxx,

 

I was somewhat bemused to receive your letter of xxxxxxxxx 2009, the content of which is noted. No debt to your company or Original Creditor is acknowledged.

 

On xxxxxxxxxx 2009 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply within the statutory time limit, supplying only an illegible reconstructed agreement, that could not be linked to any agreement that MBNA claim that I have signed. In addition, this alleged account was placed in dispute on the xxxxxxxxx 2009. It should not be necessary to have to remind you that the provisions of s.78(6) now apply. These letters are enclosed.

 

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to MBNA under s10 of this act. You may wish to refresh yourselves of the implications of ignoring the Data Protection Act.

 

In addition, MBNA have unlawfully rescinded this alleged agreement, which has been accepted by me.

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be considered vexatious and unlawful. The Court's attention will drawn to the above statutory breaches.

 

 

I would remind you that while this alleged account remains in dispute, that MBNA:

  • May not ask for payment against this account.
  • I am not obliged to offer any payment against this account.
  • Cannot register any data with a third party.
  • Cannot take any enforcement action, including registering Defaults.
  • Cannot pass the account on to a third party for collection.
  • Cannot sell the account.

MBNA have, by selling this account that remains in serious dispute and has been unlawfully rescinded, obviously chosen to ignore my lawful dispute.

I trust this out lines the situation and that you will take note of my comments, to avoid any further breaches of the Law, being committed by you.

  • Haha 1
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welcome to the thread pumpytums.;)

 

no, you didnt miss it. i have no idea what my original

limit was. as you can see it does not state on agreement

amount,but 1a states "we will advise you of your creditlimit"

tbh i am not worried about the original blue peter

agreement.

have read your thread as it is similar to mine.

dca have changed the last 9 digits of my acc no. They will need to use the original account number. You do not have an agreement with Experto.

any thoughts on

a- dn not compliant

b- sold to dca before remedy date.

 

Unlawful rescission.

c- change of acc number.

 

See above

d-illegible agreement.

 

Previously delt with

e-paragraph 8f on original agreement? as

 

Further data to eventually use if required.

 

stated on dn.original agreement only numbered to3b.

thanks for looking and good luck in your own battles.:)

Varde are Irish. They have no UK licence so cannot bring proceedings.

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thanks for your comments pumpytums.

i would prefer not to speak with mbna

so may be i should S.A.R. them to find

out if and when acc was sold.

no i do not yet have access to my credit

file.

would imagine its screwed now though:)

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vint,

fantastic input once again.

have read many of your contributions on

other threads.

sterling work and apprieciated by us all.

i will send letter to Experto.

Is it in my interest to get any/all DCAs

to return account back to original creditor at all

times?

thank you.

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vint,

fantastic input once again.

have read many of your contributions on

other threads.

sterling work and apprieciated by us all.

i will send letter to Experto.

Is it in my interest to get any/all DCAs

to return account back to original creditor at all

times?

thank you.

Yes, just part of the ongoing game that they play.

 

If they have sold it to Experto on a non return deal, then foolish Experto. They may realise that they have nowhere to go and close the account. You can but hope.

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the lastest letter from MBNA.

any thoughts on this??

sorry but i uploaded files in wrong order

2nd one to be read 1st.

The latest tripe that they are trying to peddle. Notice they have stopped signing letters.

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what do you mean by lack of

signature.... is this significant?

 

Well, the letter is from no one person in particular. Not sure how important it is, but I thought there was something about it in the companies act.

 

will send a bemused letter tomorrow ty

left arm/right arm syndrome i guess:D

 

Ok

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A few bits that may be useful syd, that I have collected from other threads over the monts.

From Rhia on MBNA

This was one of a number of CAG cases involving MBNA and Cabot. When they were pushed to disclose the original deed of assignment under court proceedings it turned out the debts had been assigned offshore via MBNA in Dublin and were subject to Irish law and not UK.

 

Cabot tried to say it was an isolated mistake but when other cases involving CAGers were brought in as evidence their case became very shaky indeed and they backed off.

 

It seems they don't pay stamp duty/VAT this way - that only becomes payable once they collect on the debt.

 

MBNA has 'previous' for VAT avoidance and were involved in an infamous case with the VAT man which went all the way to the High Court and (I think) the Lords and they lost, costing them millions.

 

Needless to say the VAT man was informed of the Irish agreements.

Hi MKM...

 

This has a whole lot to do with securitisation and the US fims like MBNA and Cap1 virtually invented the whole sorry mess.

 

Really they create money out of thin air don't they by offering youa credit card at high rates of interest. It doesn't take long before the capital you have borrowed has been paid back and it's just interest on interest.

 

However this is then securitised to a hedge fund or offshore and so the OC has now got rid of the liability for your debt and acts as the handling agent. The fun begins when you get into difficulties.

 

Instead of offering any real help they just ambush you with template letters and non-stop phone calls whilst bumping up the interest under what they call a universal default (the computer says you're in difficulties and likely to default so they raise the interest rate!!!???).

 

There's more to this than just seeming incompetence as they are boosting the outstanding debt so that when they sell it off to a DCA such as Cabot this inflated "loss" is then written off to tax (and possibly indemnity insurance).

 

Cabot then buys at as little as 10pence in the £ and attempts to recoup the lot AND add their own unsubstantiated interest charges to boot. If they assign offshore (and it's by no means clear that they all are but my guess is likely) then they don't pay VAT on the bundle of debts they have bought - only when they recoup the debt. This saves them a packet as many debts must be irrecoverable and they wouldn't want to have to pay VAT on something worthless.

 

The whole thing is one international Ponzi scheme aimed at making huge fortunes on the backs of ordinary folk whilst paying as little tax as possible.

 

My advice to anyone is try and avoid borrowing as much as possible - most of us need mortgages to buy a house but avoid anything else if you can or at least check the small print and make sure it's a decent rate of interest. And just don't touch credit cards with a ten foot barge pole.

 

I am speaking from experience here.

BTW you need to request the Deed of Assignment NOT the NoA. The latter is just a letter saying it has been assigned and is usually issued in the UK but I doubt it would matter where it was sent from (though may well be wrong).

 

Try a part 31.14 request for a copy. Cabot will squeal and squeal and squeal!

 

OK now MBNA were also Subject Access Request'd re this deed of assignment or sales agreement and they never ever supplied it and stated they didn't have to as it was senstive information (my ass)

 

At the time we were unaware of a way of getting this as well as requesting in a Subject Access Request (and by all means request it via data protection laws). You can use the Part 31.14 request under the Court Protocol Rules. Take a look in Legal Issues in the DCA section and surfaceagentx20 has created a sticky:

Getting Them To Reveal Their Vitals. Using CPR 31.14 to Your Advantage

 

This shows you how to take action to get information they don't wish to reveal. If they don't comply it does mean you taking out an injunction but it should do the trick.

 

Make sure re the Subject Access Request that you ask specifically for it. Also if you are already in court proceedings you can ask for this info under a Part18 application.

 

If they don't supply the info under the Subject Access Request within 40 days report them to the Information Commissioner and again specify exactly what you want from MBNA.

 

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part31.htm#IDAVVI5B

 

With regards to the notice of assignment.... It should be delivered by recorded/special delivery and signed for. If this is not done and the assignor takes an individual to court they have no proof that the debtor is aware of the assignment and therefore have no legal right to take the individual to court.... Law of Property act.1925

 

If you acknowledge an assignment that has been sent then you can only rely on whether the date of assignment is correct and or also the amount that is quoted on it... The Notice of Assignment is an extremely important document and is often an excellent weapon in court.

*********************************************************

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thank you Vint,

i will need to read that through a few times

to get it to sink in.

i understand the part about tax and vat.

have read about it on other threads.

"securitisation", however seems to be going over

my head a bit:rolleyes:

I was thinking last night that the latest letter i

posted up was more than likely a response to a

previous letter sent claiming that they should

send me a legible copy of agreement(sent10th sept)

looking at the timescale they have yet to reply to

letter sent in post12.

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thank you Vint,

i will need to read that through a few times

to get it to sink in.

i understand the part about tax and vat.

have read about it on other threads.

"securitisation", however seems to be going over

my head a bit:rolleyes:

 

Just light reading syd:D

Securitization is where the creditor sells the account ( while live and OK ) to a third party, but not as an assignment as we know it. The third party gives the OC the funds for your account and the OC administers it for them. If they are offshore, they cannot hold a credit licence in the UK, so cannot collect on the debt themselves.

I was thinking last night that the latest letter i

posted up was more than likely a response to a

previous letter sent claiming that they should

send me a legible copy of agreement(sent10th sept)

looking at the timescale they have yet to reply to

letter sent in post12.

Thats probably right syd.

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  • 1 month later...

just letting you know about latest develoments since

early november.

ok. sent letter of formal complaint to mbna about them

defaulting account whilst in dispute. not heard from them since

late october.

posted 2 letters to Eperto Credite, 1st letter as advised by Vint.

2nd letter saying that i have not failed to respond to their letters,

and that they would have appeared to have crossed in the post...

 

they wanted to set up regular payment plan with me, which i of course

will ignore.

today, i recieved a letter from them in response to Vints letter,

saying

"every effort will be made to supply the information to you as

soon as possible.please note your account will be placed on hold and no further activity will take place until the information has been

recieved.should we experience any delay in recieving the information

we will of course refer to you.

 

on this letter they have used my original agrrrement number

AND thier own agreement number.

should i respond to this letter??

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Just for your info, the claim they make in their letter (from post below) states the following:

 

"4. How can I be satisfied that the original credit agreement was properly executed - especially

if you have not supplied a copy showing signatures?

The Bank takes its statutory obligations very seriously and would not conclude credit

agreements with customers unless it was satisfied they were properly executed and

enforceable. We make sure that our customers' credit agreements are properly executed

under the Consumer Credit Act ("the Act") by having strict processes in place to ensure that

each of our customer's credit agreements:

• is signed by both the customer and us,

• is sent to the customer in full,

• is legible when the customer signs it; and

• conforms to the Consumer Credit (Agreements) Regulations 1983 (as amended) and

in particular contains the terms which are required by Schedule 1 and prescribed by

Schedule 6 to those Regulations."

 

Where is their signature? It probably didn't appear anywhere else either ie with your card holder letter etc. Any signature or initials that appear on your copy documents will be due to their internal processes but you most likely did not receive any paperwork with their signature when account was opened. Don't know if this helps, will be interested to hear what Vint & others might have to say.

 

 

 

the lastest letter from MBNA.

any thoughts on this??

sorry but i uploaded files in wrong order

2nd one to be read 1st.

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thank you ,Wrungout,

point taken on your comments.

i believe that the stamped signature would

be enough to back their claims that they have

executed that part of the agreement. it has been

discussed on this forum and it a grey area that would

need a judge to decide on.

there are many other failings on the part of MBNA that

bundled together will hopefully give them problems.

this is my opinion and i am very grateful for anyone that

has taken the time to read and respond to my thread.

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