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Rizel23 Vs Virgin (MBNA)


rizel23
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Well this has been ongoing, so story so far;

 

Letter requesting CCA sent 02/06/2009

 

The Consumer Forums

 

No Response (Recorded 1st Class)

 

Account In Dispute Letter Sent 23/06/09 (Recorded 1st Class)

Account In Dispute

 

On 02/06/2009 I made a formal lawful request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on 23/06/2009 .

 

No Response

 

Endless phone calls to which all have been ignored to to wanting everything in writing (as previous letters stated)

 

Today i receive this;

 

http://i37.tinypic.com/rh9361.jpg

 

Can anyone advise on next step please, thanks

 

 

 

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It's not a Default Notice, it is a 'Notice of Default' which they must send you when your a/c goes into arrears. Send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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  • 2 weeks later...

Finally had something back from Virgin\MBNA today!

 

It looks a bit of a mess, and can not read to be honest, can people have a look and see what you think?

 

Things that strike me off hand is that you can not even read the actual agreement, the 2 & 3rd links are from same page with credit limit on back. The first link i think is a copy of an agreement from same time as when i applied, but as i can not read original 100% toconfirm.

 

Thoughts very welcome, thanks!

 

http://i33.tinypic.com/muew54.jpg

http://i37.tinypic.com/18gqxi.jpg

http://i36.tinypic.com/2yoo9on.jpg

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can anyone please offer me some thoughts? thanks!

 

Ok this appears to be a scanned copy as MBNA dont do agreements, they scan and shred normally.

 

They've managed to cut the heading off whilst scanning and if you want a techincal breach I suppose it is one in the fact what kind of credit agreement is it? It only refers to being under CCA1974 not what kind of agreement it is... possibly why they have included the other agreement which has the correct heading on it and properly scanned.

 

Not an argument I would like to try to be honest and it does have the prescribed terms albeit ineligible in places.

 

S.

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thanks for the replies.

 

Yes the 3rd link contains what appears to be the credit limit on a separate paper, so my argument at the moment could be along the lines of;

 

a) is difficult to read

b) not clear what I'm actually applying for & agreeing to

c) no credit limit on page

 

Should i request to see the original and offer to pay reasonable costs to do that?

 

thanks

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  • 2 weeks later...

Hi everyone.

 

Right I'm going to write to Virgin\MBNA thanking for suplying the correct paper work ect, but asking them why it took nearly 4 months for them to do so.

 

As i sent a account in dispute letter which they received, would i be within my rights to request they refunded interest and charges they put on the account whilst in dispute and come to a repayment plan? I've just got a job thank the lord so still in hardship but able to make some payments ect

 

thanks

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  • 3 months later...

oh, i thought you only counted working days i.e monday-friday? not to worry, in safe place now till termination :-)

 

but from royal mail it states delivered by 3rd working day?

 

http://www.royalmail.com/portal/rm/jump2?mediaId=400030&catId=400028

 

i did not receive till today on the 4th day after posting from 8th February.

Edited by rizel23
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  • 3 weeks later...

seems Virgin\MBNA have now sold the debt to these people;

 

http://i47.tinypic.com/14diwph.jpg

 

I have found this letter, if modified would it be acceptable to use to send to MBNA\Virgin? I shall remove the part about contacting solicitors ect

Re account no xxxxxxxxxxxxxx Unlawful Rescission.

 

I refer to your Default Notice dated xxxxxxxxxxxx 2009, posted second class and received by me on xxxxxxxxxxxxx 2009, and your subsequent actions confirming your previous written intentions to terminate the agreement.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974. Your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. The default amount is also grossly misstated. Your actions have lead to you unlawfully rescinding the agreement.

 

By way of this letter, I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and I would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

I look forward to hearing from you.

 

Yours faithfully

 

 

thanks

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  • 3 weeks later...

Above letter was sent to MBNA\Virgin and heard nothing back, was sent 1st Class Recorded :-)

 

Second letter from these people now;

 

http://i39.tinypic.com/11rt3e0.jpg

 

should i just forward them a copy of the letter i sent to MBNA\Virgin accepting accepting there unlawful rescission to shut erm up?

 

thanks

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Above letter was sent to MBNA\Virgin and heard nothing back, was sent 1st Class Recorded :-)

 

Second letter from these people now;

 

http://i39.tinypic.com/11rt3e0.jpg

 

should i just forward them a copy of the letter i sent to MBNA\Virgin accepting accepting thereunlawful rescission to shut erm up?

 

thanks

 

They lie... you have a third option... ignore :-)

 

S.

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  • 1 month later...

Hi Rizel

 

OMG - I just had a look at your agreement! :eek: it is exactly the same as my OH's INCLUDING THE DATING STYLE!!

 

I noticed it because my OH does not write his dates like that, i.e. with a dot between the digits...and I noticed your agreement also has exactly the same dots!!!:shock: I know my OH would never sign something without dating it...so it looks like they've grafted his signature onto an agreement and the Jonathan person (who also signed on behalf of the lender on my OH's agreement too) dated it himself...otherwise no other explanation of how the dating on yours looks the same as the dating on my OH's.

 

Any update on your situation?

 

Red

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Default Notice was defected and accepted unlawful termination.

 

They have sold to DCA who i have ignore, they don't even call anymore and have just sent one letter with 'may' and 'could' court action, just leaving for time being, will probably chase up this account next month

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  • 3 months later...

Can anyone please look at letter i received from Experto advising that they had bought the interest and outstanding balance on my MBNA account.

 

I subsequently sent MBNA a letter of Unlawful Rescission on my account with them due to faulty DN.

 

Today i received this from Experto, nothing unusual as had a couple similar, but this one struck me as it refers to acting on behalf of MBNA and mentions them as a client? I though letter i got of them in post number 19 said they had bought debt and were legal own? Anyhow here it is:

 

http://i35.tinypic.com/zmmrvc.jpg

 

Should i advise them now of the faulty DN notice and letter of Unlawful Rescission sent to MBNA? I would also send letter requesting no doorstop callers and mybe a letter advising that any litigation would be defending on the back of the faulty DN? thanks

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