Pumpy tums vs MBNA

[pumpytums]

Hi everyone,

I have a large debt with Mbna £10K+ thanks to their 30% interest. A few months ago I recieved a letter that the debt had been sold I have heard nothing else from the DCA of the buyer. The buyer never contacted me. I have CCA'ed and SAR'ed MBNA and to date received nothing to date. I just used the free experion credit check and my MBNA debt is not shown???

 

I really dont understand, I also have and GE Money account that is not shown, that has also been sold can anyone explain? I have other defaults that show up and even an old MBNA loan account but 2 CC accounts are missing.

 

 

Pumpy

[silverfox1961]

Sometimes for whatever reason, they don't inform the CRA's about the debt. Have you checked all 3 CRA's?

 

Is this debt a loan or credit card? If so, did you receive a default notice or letter of termination?

[pumpytums]

Hi Silverfox,

I just checked equifax, and the missing ge money one is there but no default showing which is odd. The account has 3 query's and no activity since June. No sign of the MBNA one, and no default shown on the GE one. How can a debt be sold if no default?

 

Still odd with the MBNA one, experion and equifax are free, callcredit is how can I put it not so free.

 

Thanks again

 

Pumpy

[vint1954]

I would keep quiet until they surface again.

 

Did they ever issue a default notice?

[pumpytums]

I will have a dig in my mountain of paperwork. They did keep sending those 30% settlement texts etc. Made my life a absolute misery, the account has a huge amount of charges though maybe they will eventually respond to my SAR.

 

On a side note old EG default very quickly less than 2 months.

 

 

Pumpy

[vint1954]

I will have a dig in my mountain of paperwork. They did keep sending those 30% settlement texts etc. Made my life a absolute misery, the account has a huge amount of charges though maybe they will eventually respond to my SAR.

 

On a side note old EG default very quickly less than 2 months.

 

 

Pumpy

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

Post your DN's if you can find them, minus personal details.

[pumpytums]

Just dug out my MBNA DN, found something very interesting the full amount had to be paid by the 24th of a month, the DCA they sold it to sent me a letter on the 23rd of a month. Is this in breach of their DN as the debt must have been sold before the DN had expired?

 

Pumpytums

[silverfox1961]

Interesting. Can you post up the default letter and the DCA letter but clean off any personal details but leave the dates

[vint1954]

Just dug out my MBNA DN, found something very interesting the full amount had to be paid by the 24th of a month, the DCA they sold it to sent me a letter on the 23rd of a month. Is this in breach of their DN as the debt must have been sold before the DN had expired?

 

Pumpytums

When was the DN dated.

[blueotter]

Looks like another one vinnt,they're simply unbelievable aren't they.

Do they have anybody running their debt management programme or do they just draw a name out of Dee Dillistones Big Dunces hat and give someone a go for the day.

[vint1954]

They realy are incredible. All smoke and mirrors.

[pumpytums]

Sorry about the delay, as requested letter from DCA and default from MBNA. If you look at the letter from the DCA it is clearly dated 23rd September, letter from MBNA gives me until at least the 23rd or 24th of September. Basically MBNA sold it on before the default expired which sounds very dodgy.

 

I have CCA'ed (no response) so account is in disspute, and SAR'ed no response to date they have approx 3 weeks to respond. No further calls or letters from DCA.

 

Pumpytums

 

Edited October 29, 2009 by pumpytums

[silverfox1961]

Hi, Even more interesting.

By virtue of the Notice of Assignment being dated 23/09/09, the debt must have been sold before the cut off date that MBNA sent you which also means the account must have been terminated before the 24th. IMHO this is unlawful recission of contract. Plus of course they are asking for the full balance and not the just the arrears.

 

Please say you kept the envelopes these letters came in.

 

fox

[pumpytums]

I have them in a big plastic box, full of them, I did check the envelopes they had no external stamps on, but the letters clearly state the dates.

 

Oddly their is no sign of this account on Experian or Equifax, maybe it never really existed

 

Thanks again for your help Silver.

 

Pumpytums

[vint1954]

The default notice is faulty on 2 counts.

 

MBNA send these uk mail (s) which is counted second class, 4 days service. The envelope will have an S in the top right hand corner. Keep it attached to the DN.

 

The earliest date for service therefore, is 11th September 2009, assuming that it was 2009 as the dates are blanked out. The rectification date should then be 25th September.

 

They have also requested the whole ballance of the account. This is wrong. A DN is supposed to give you the opportunity to bring the account back to the stage it was before the default, that is pay the arrears to bring the account in line. If this is done, then the account goes back to a situation as if the default had not occured.

 

You may want to consider an SAR at this point. Make sure that you request all data held, not limited to but including, agreement, statement back to the inception date of the account, DN, Termination notice, Notice of assignment and screenshots of all account logs back to inception.

 

Vint

[vint1954]

Send this to 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 organisation is acknowledged.

 

On xxxxxxxxxx 2009 I made a formal request to MBNA pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. 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.

 

 

While the account is in lawful dispute with MBNA, you will be aware that they:

• 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, appear to have unlawfully sold the account to yourselves while in clear dispute for the reasons stated. In addition, having obtained advice, MBNA have unlawfully rescinded the alleged agreement. This unlawful rescession has been accepted by myself.

 

In the circumstances, your threat of further action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

 

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 will doubtless be aware of the implications of ignoring the Data Protection Act.

 

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. Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

I trust this out lines the situation and I require you to return this matter to MBNA to avoid any further breaches of the Law, being committed by yourselves.

[pumpytums]

Thanks for the advice Vint,

A CCA was sent to MBNA and received before the default notice was up. A SAR was sent and received early this month. As the request for CCA did not expire until after the default notice expired was the MBNA account still in dispute when it was sold?

 

I have the envelope from Experto (I put the DN from MBNA and the letter from Experto in it to scan at work) I'm almost 100% I will have the MBNA one too. The Experto has no postmark its 2nd class however, it does have the orange franking lines on though, the envelope even has their return address on which is nice of them.

 

On another note the company they refer too Varde has never contacted me.

 

Just to get things clear by selling the account before their own default notice had expired, what does this mean?

 

As you have pointed out the DN is junk, I thought that the DN was a one shot deal get it right or its just the arrears you owe which then have not mentioned. I have a DN from Cahoot which is fully itemised with dates and exact infringements, they have charged £30 per item however this will be picked up a a new thread shortly.

 

Again thank you very much for all your help.

 

Pumpytums

[vint1954]

Thanks for the advice Vint,

A CCA was sent to MBNA and received before the default notice was up. A SAR was sent and received early this month. As the request for CCA did not expire until after the default notice expired was the MBNA account still in dispute when it was sold?

 

Not realy, but I would stick to your guns that it was. Let them decide it wasn't

 

I have the envelope from Experto (I put the DN from MBNA and the letter from Experto in it to scan at work) I'm almost 100% I will have the MBNA one too. The Experto has no postmark its 2nd class however, it does have the orange franking lines on though, the envelope even has their return address on which is nice of them.

 

Second class is 4 days service.

 

On another note the company they refer too Varde has never contacted me.

 

Varde are Irish, so cannot collect themselves in this country. MBNA do this as there is no VAT to pay.

 

Just to get things clear by selling the account before their own default notice had expired, what does this mean?

 

It's just another nail in the unlawful rescission coffin.

 

As you have pointed out the DN is junk, I thought that the DN was a one shot deal get it right or its just the arrears you owe which then have not mentioned. I have a DN from Cahoot which is fully itemised with dates and exact infringements, they have charged £30 per item however this will be picked up a a new thread shortly.

 

They need to issue a complient DN, in order to terminate the account or claim the ballance in full or sell on.

 

The big thing to look for is that they give you 14 clear days from service to rectify the default. This must be £xxxx must be paid by xxx date ( not a number of days). The other problem with their DN's is that they use the term before. That means that you would have had to settle on the 23rd, which matches the date of the letter by Experto.

 

Again thank you very much for all your help.

 

Pumpytums

 

The SAR to MBNA should show thw date it was sold. Bet a pound to a pinch of salt it was sold before the 23rd.

Edited October 29, 2009 by vint1954

[vint1954]

If the SAR does not come back within 40 callender days, send the follow up letter and put in a complaint to the ICO.

[MandM]

Subbing. We seem to be following a similar path on this one. Awaiting SAR but only sent last week .

 

Will keep watching yours with interest.

 

M

[vint1954]

Subbing. We seem to be following a similar path on this one. Awaiting SAR but only sent last week .

 

Will keep watching yours with interest.

 

M

M&M,

 

Can yo confirm if you sent an SAR or a CCA request. £1 or £10

[pumpytums]

Glad to have you aboard M&M.:D

My CCA went September-ish NO response, but confirmed received py Post Office. The SAR was sent October-ish also confirmed by Post Office.

To date nothing, just a letter from DCA of new owner. Its a shame really because myself and MB*A used to be such friends the calls the letters the postcards, I do miss them.

 

With regards to the SAR is it 40 Working days or just days? Because if its the latter time is running out.

 

Pumpytums

[vint1954]

Just 40 days, not working.

[MandM]

M&M,

 

Can yo confirm if you sent an SAR or a CCA request. £1 or £10

 

Hi Vint. Just checked and we sent CCA

 

M

[pumpytums]

Just a word of warning I have just removed my DN and letter from DCA looking at mine and another DCA letter to a recent member, I noticed that a line in the address at the bottom is subtly different. Could this be a tracking measure for posted letters? I could be being very paranoid but it is different and with no reason for it Who knows??

 

Pumpytums