Arrow/reston claimform - old MBNA card 'debt'

[MBNASlayer(1)]

Thanks Dotty.

 

I am aware of the difference between it being unenforceable compared to it being written off.

 

My think was that they may be willing to receive some payment rather than nothing. Not that I am in a position to make make a F&F settlement anyway

[MBNASlayer(1)]

Right here is an update.

 

I have had a couple of calls from AIC which i ignored. I have since had a letter saying the debt was assigned to them on 12th June.

 

Surely that is written confirmation the debt was passed to them prior to the date in the NOD.

 

You have got to hand it to MBNA. There incompetance knows no bounds

[Dotty50]

Did you do SAR?

 

This should doubly confirm that it was sold/assigned prior to the remedy date giving you the evidence, because MBNA will deny it when/if you accept their unlawful rescission

[MBNASlayer(1)]

Hi dotty and anyone else that is subbing this.

 

I have now received my SAR request back from MBNA and the coms log confirms that it was sold to AIC prior to the date they gave me to remedy the breach.

 

My question now is what do I do.

 

1) Should I write to MBNA and advise I accept their unlawful recission of the contract so the amount owed is only the o/s payments and not the full sum (minus illegal charges)

 

2) Should I also write to AIC as they keep hassling me. The guy who keeps calling always says really smug and ends the conversation with "ha good luck with that" every time I say the debt is not enforcible.

 

Any advice would be really appreaciated.

 

Thanks everyone for your help so far.

[Dotty50]

Hi MBNA slayer,

 

I am still subbing, first advice is do not speak to any of these people on the phone.

 

As far as unlawful rescission is concerned, there has been a lot of discussion on another thread about it not being appropriate now, so I am not really sure.

 

I will try and find the thread and posts about it for you

 

 

Here is one post but there are others on this thread so have a read when you have a few days to spare!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&p=3175694&viewfull=1#post3175694

Edited November 12, 2010 by Dotty50

[citizenB]

Hello MBNA slayer,

 

You would need to contact diddydicky or vint1954 in respect of unlawful recission of contract as I know nothing about it.

 

I am a little concerned that you continue to maintain telephone contact with DCAs, it is for your own protection that you keep all communication in writing.

 

Do you have a copy of the Notice of Assignment either by way of service of the original document or through the SAR. Or are you only able to confirm that assignment has taken place via the communication logs ?

 

The lack of a compliant default notice has, in the past, been sufficient as a full defence. If you were not informed of an assignment and it took place prior to the remedy date on the DN that you were given then I would think that might help as well.

 

It might be in your interest to have a look at some of the more current court cases from the forums to see how they have played out in court. Especially those of MBNA.

[MBNASlayer(1)]

Well after months of hearing nothing I have received a text message from Frederick International asking me to call them about an URGENT matter.

 

I will let you all know how it goes.

 

One query for CAGers. Should I just wait for them to write to me then ask for proof that they have the right to claim the debt?

[Dotty50]

Hi MBNA slayer,

 

I had Freds chasing for Halifax a very long time ago and they went away without any problem after I sent a couple of 'in dispute' letters.

 

There are different opinions nowadays about how to approach DCA's, some say challenge them under CPUTR regulations, but then others say do not acknowledge anything because any assignment notice must be sent by recorded delivery and if you are not notified this way, you can deny receiving anything should it ever go to court.

 

Only you know your circumstances and which way to go, I've heard nothing from MBNA for a while either but I did read on a thread recently that the new tax year starts a flurry of activity and I have had a few more calls lately but I don't answer any!

[dx100uk]

you REALLY need to stop talking to DCA's on the Phone

 

dx

[MBNASlayer(1)]

OK things seem to have moved to a new more frightening level. I have recieved a letter from a firm of solicitors saying I must contact Fredrickson in the next 14 days or they will advise their client to begin legal proceedings. I havent contacted Fredrickson as they have advised their client is Arrow so my argument is I thought it was some sort of [problem] and ignored it.

 

Any advice on the best way forward would be really appreciated. It has been playing on my mind all day and and haven't wanted to tell my wife as I know she will freek out.

 

On the flip side I have no assets, no savings, no disposible income and I live in a council rented property so they cant get anything from me as I dont own anything of value.

 

Thanks for read and I would appreciate some feedback.

[Dotty50]

Who is the supposed solicitor?

 

Some of these DCA's use a toy town solicitors letter head to do exactly what this is doing and frighten you!

 

Name them so anyone who has had a similar letter can offer you advice

[MBNASlayer(1)]

Hi Dotty,

 

Thanks for your quick response.

 

The firm is called Bryan Carter Solicitors. It all seems quite official.

[Dotty50]

I have not had any dealings with Bryan Carter but there are threads on here about them so I would have a search and see what you can find.

 

I am sure someone will come along that will help.

 

Must be the day for solicitors letters, I have had one for my Egg cc today, listings court fees etc so will have to have a search around for mine too!

 

It is however always best to be wary, I was told not to worry about Hillesdens once and they issued a claim!

[dx100uk]

prob the std BC threat-o-gram

 

post it up

 

dx

[MisterV]

This is an application form/priority Request Form. No prescribed t & c's and no reference to them on the reverse. It is doubtful this would be enforceable in court but you have to ask yourself - am I prepared to go to court and defend it? There will become a point where you will have to make this decision or follow another path to resolve the issue (in my experience).

 

Its ok for us to say it is unenforceable but it is you that will have to build a case (with help) to form your defence and perhaps go to court. Could you do that? These are all questions I had to ask myself and although everybody on here is very helpful and understanding it is you that has to have the confidence and ability to do it.

 

Do not begin to worry or get stressed, it will be sorted but start to think what route you are going to take to fight this. Do not keep thinking "this is unenforceable, so im ok " you need a plan dependent on your ability/time to deal with it and your financial situation.

[MBNASlayer(1)]

Thanks for your replys dx100 and Mister V. I will post the letter tomorrow as my scanner at home has broken.

 

Mister V - My understanding is that if I made an offer for a reduced settlement figure this would still show as partially settled on my credit file. I therefore may as well take it to court as if I get a CCJ this is not much different. Both on file for 6 years. Is this correct.

 

I dont mind the idea of going to court. So long as I knew my arguments and I could back them up I would feel confident (perhaps a bit naive). So the idead doesn't scare me. The amount I owe is in the latter stages of a 4 figure sum so worth fighting against I think.

 

Thanks for you help and support so far.

[dx100uk]

this has been going on since oct 2009

 

they have done nothing to you

 

i seriously doubt they are going to do anything now.

 

post up the bc letter

 

or time to ignore everyone

 

dx

[MBNASlayer(1)]

Please find attached the letter from Bryan Carter solicitors.

 

Should I write to Fredrickson International and advise them that there was unlawful recission and the account was in dispute with MBNA when sold on?

SCAN0703_000.pdf

[MisterV]

Partial settlement is far less of a hindrance for obtaining credit in the future than a CCJ. Both will remain on CRA files for 6 years.

If you lose and get a CCJ don't forget you will still have to pay the debt back although only at an amount the court thinks you can afford.

[MBNASlayer(1)]

OK I have now received a letter from Fredrickson. I will type it as I dont have a scanner:

 

Despite a recent letter from Bryan Carter Solicitors you have failed to discharge your debt with our client Arrow Global Ltd. We are prepared to offer one final opportunity to pay before we recommedn to our client that they instruct solicitors to issue a claim at:

 

My addresss

 

At this late stage and as a gesture of goodwill we are prepared to accept a full and final settlement on this account provided that you contact us on 0845 ...... within 48 hours of receipt of this letter. Payment can be made by debit or credit card.

 

Yours sincerely

 

Fredrickson Int

 

 

So should I write to them to offer a full and final on the terms people suggest or do I send a letter to Fredrickson saying I do not acklowedge any debt. I have never rceived anything to say they have been assigned the debt.

 

The 48 hours hava already expired.

 

I would apprecaite your thoughts.

 

Thanks in advance.

[dx100uk]

Partial settlement is far less of a hindrance for obtaining credit in the future than a CCJ. Both will remain on CRA files for 6 years.

If you lose and get a CCJ don't forget you will still have to pay the debt back although only at an amount the court thinks you can afford.

 

no sorry

 

any marker is just as bad

 

creditor do not look at anything bar the score.

 

as for the BC letter

 

you've blocked out the date. - when was it

 

dx

[dx100uk]

oh and the freddies letter

 

ignore

 

you really need to put this to bed

 

the only time you need to even mildly start to worry is if a court claim form arrives on your doormat

 

till then enjoy your life

 

if the wanted to go to court

that would have been done by the oc years ago.

 

dx

[MBNASlayer(1)]

Thanks DX. At this stage I dont know if I should be gearing up for a fight or not. Its all very well them saying they will take a F&F but I dont have any money so its a bit pointless. I think I mentioned in an earlier post I dont have any assets, savings or disposible income (wife and 3 kids to feed and clothe) so they cant get what I dont have.

 

The BC letter was dated 17th May. They are based in Weybridge but the port mark is from Aldershot which is a bit strange.

 

Thanks for your help so far.

[MBNASlayer(1)]

Well I have now received a letter from Transcom advising their client Arrow Global has intructed them to contact me. I thought Arrow Global had passed this on to Fredricksons a long time ago. Its hard to keep track of who is actually claiming I owe them money! In addition I am receiving daily calls to my home and mobile number again. All going unanswered by me of course. They are listed on the Stockholm Exchange apparently.

 

Does anyone have any expererience of this firm as I cant say I have read about them on anyone elses threads.

[victoria_siempre]

Hi slayer

 

Basically unpleasant Yanks methinks (no connection with MBNA then):

 

"“Transcom is currently co-locating some central Group functions to Stockholm, Sweden. Mr Azzouzi has decided that this is a good time for him to leave the company. I would like to thank Mr Azzouzi for his dedication and important contribution to developing Transcom and leading the company’s finance function over the past two years. I am also pleased that he will stay on to facilitate a smooth transition to the next CFO, and to oversee a number of important projects”, commented Johan Eriksson, CEO of Transcom."

 

http://www.transcom.com/Documents/News%20archive/2012/Transcom%20AA%20announcement.pdf

 

There move to Sweden is mainly for their military activities but makes our humble side subject to EU law (which MBNA always denied) so it aint all bad.

 

x

 

v