MandM vs MBNA/ Virgin Money***Settled by Consent***

[MandM]

Hi M&M,

just read your thread, amazing similar to mine (as you said on my thread).

 

Out of interest the date on the Varde letter was it before the default was up?

 

MB*A are a piece of work, if its any consolation I have heard nothing from credite Exponential or whatever they call themselves since the one letter last month.

 

Don't worry your with friends here.

 

 

Pumpytums

 

Good spot!!! My DN from MBNA is dated 9th Oct and giving until 26th. The letter from our new friends at EC is dated 23rd Oct:D:D:D saying that they've now bought the interest.

 

This could get interesting

 

M

[vint1954]

I would 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 company is acknowledged.

 

On xxxxxxxxxx 2009 I made a formal request to MBNA, pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply at this time. In addition, this alleged account will placed in dispute on the xxxxxxxxx 2009 should they fail to comply with my request. It should not be necessary to have to remind you that the provisions of s.78(6) will then apply. These letters are enclosed.

 

In the circumstances, the sale of this alleged account to your clients, amounts to unlawful rescission of agreement.

 

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.

 

Should you attempt litigation it will be vigorously defended and the failure by MBNA to supply documentation under the CCA 1974 will be 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 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.
  

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.

[MandM]

Thank you so much Vint.

 

Will get it off to them asap. Keeping a careful eye on Tums thread too and awaiting the arrival of my 'new' DN

 

M

[vint1954]

Thank you so much Vint.

 

Will get it off to them asap. Keeping a careful eye on Tums thread too and awaiting the arrival of my 'new' DN

 

M

Once they have terminated, they cannot issue a new DN. One only.

[Sunshine54]

hi this might be a silly question but is selling the debt = terminating the agreement?

[vint1954]

hi this might be a silly question but is selling the debt = terminating the agreement?

Yes, selling the debt under absolute assignment would be classed as termination as they no longer own the account.

[MandM]

Hi Vint,

 

Just a small query on the wording within the letter you kindly put together for me to use;

On 20th October 2009 I made a formal request to MBNA, pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply at this time. In addition, this alleged account will be placed in dispute on the 3rd November 2009 should they fail to comply with my request. It should not be necessary to have to remind you that the provisions of s.78(6) will then apply. These letters are enclosed.

 

Do you mean the CCA request letter (copy of)?

 

ty M

[MandM]

AND just noticed something else rather strange too whilst typing/editing the letter above. Realised that EC have changed the account number ( they call it Agreement Number in their letter).

 

Have read the bit in Pumpytums thread about account numbers being different against the credit file bit didn't really understand it .

 

It's def not a mistake (i think) as i've just checked the mother in laws one and her number changed also!!! (she's just started on a similar route and got the same dodgy DN followed by the mis-timed letter from EC lol)

 

Any thoughts and does it change or add to the letter above?

 

M

[Sunshine54]

thanks Vint

S

[supasnooper]

Hi Vint,

 

Just a small query on the wording within the letter you kindly put together for me to use;

 

 

Do you mean the CCA request letter (copy of)?

 

ty M

 

 

Yes, enclose a copy of the CCA request letter that you sent ( but mark as a "copy" )

[MandM]

Yes, enclose a copy of the CCA request letter that you sent ( but mark as a "copy" )

 

Will do, thanks

 

M

[pumpytums]

Hi M&M,

I found a thread on CAG this weekend they change the account numbers when the account is basically sold off "Charge off" . Not sure why.

 

When I spoke to MBNA they did mention something about the new number. Give them a ring on 0800 062062 get through to customer account services and ask them when it was sold. My date was very interesting as I would imagine yours will be. Can't wait for my SAR info.

 

Pumpytums

[MandM]

Hi M&M,

I found a thread on CAG this weekend they change the account numbers when the account is basically sold off "Charge off" . Not sure why.

 

When I spoke to MBNA they did mention something about the new number. Give them a ring on 0800 062062 get through to customer account services and ask them when it was sold. My date was very interesting as I would imagine yours will be. Can't wait for my SAR info.

 

Pumpytums

 

Will call them and see what transpires. Still waiting for my CCA (2 days left I think)

M

[vint1954]

Hi Vint,

 

Just a small query on the wording within the letter you kindly put together for me to use;

 

 

Do you mean the CCA request letter (copy of)?

 

ty M

Yes, copy of original request.

[vint1954]

AND just noticed something else rather strange too whilst typing/editing the letter above. Realised that EC have changed the account number ( they call it Agreement Number in their letter).

 

Have read the bit in Pumpytums thread about account numbers being different against the credit file bit didn't really understand it .

 

It's def not a mistake (i think) as i've just checked the mother in laws one and her number changed also!!! (she's just started on a similar route and got the same dodgy DN followed by the mis-timed letter from EC lol)

 

Any thoughts and does it change or add to the letter above?

 

M

It could be Experto's account number, but not agreement number. You do not have an agreement with Experto.

[vint1954]

Hi M&M,

I found a thread on CAG this weekend they change the account numbers when the account is basically sold off "Charge off" . Not sure why.

 

When I spoke to MBNA they did mention something about the new number. Give them a ring on 0800 062062 get through to customer account services and ask them when it was sold. My date was very interesting as I would imagine yours will be. Can't wait for my SAR info.

 

Pumpytums

Whatever they do for their own convenience is down to them, however you need to remember that there will only be one account number for your signed agreement. After all, you may hold 2,3 or 4 cards with MBNA, all separate agreements and account numbers. They can't just make one up and expect it to be legal.

 

If this option is within the original signed agreement, for them to take advantage of it, as with any change, they need to send you a new agreement and a copy of the original signed agreement that allows them to do this.

[MandM]

It could be Experto's account number, but not agreement number. You do not have an agreement with Experto.

 

Quite right, I have no agreement with Experto!! Thats the point I'll make to them in my reply.

 

M

[MandM]

Whatever they do for their own convenience is down to them, however you need to remember that there will only be one account number for your signed agreement. After all, you may hold 2,3 or 4 cards with MBNA, all separate agreements and account numbers. They can't just make one up and expect it to be legal.

 

If this option is within the original signed agreement, for them to take advantage of it, as with any change, they need to send you a new agreement and a copy of the original signed agreement that allows them to do this.

 

And awaiting arrival of my agreement. I make it that time's almost up .

 

M

[MandM]

Just an up date of where i'm up to.......

 

MBNA ran out of time on the CCA request (there's a surprise ) so the 2nd letter went off telling them so and that the account is in dispute.

 

Also wrote off to ExSpurto with the bemused letter kindly supplied by Vint (with copies enclosed) so will sit back and see who does what next. This is better than telly!

 

M

[Capricorn1601]

Whatever they do for their own convenience is down to them, however you need to remember that there will only be one account number for your signed agreement. After all, you may hold 2,3 or 4 cards with MBNA, all separate agreements and account numbers. They can't just make one up and expect it to be legal.

 

If this option is within the original signed agreement, for them to take advantage of it, as with any change, they need to send you a new agreement and a copy of the original signed agreement that allows them to do this.

 

Hi Vint

 

This is an interesting point. So when MBNA take over say Virgin Money, or in my case Homebase card, the card number changed (or it did in my case). Are you saying they should have issued a new agreement when they issued me a new card with the different number?

[vint1954]

Hi Vint

 

This is an interesting point. So when MBNA take over say Virgin Money, or in my case Homebase card, the card number changed (or it did in my case). Are you saying they should have issued a new agreement when they issued me a new card with the different number?

In essence they can take over the Virgin account and run it on the same account number and terms as Virgin. I would imagine, that if they want to change that account number and it's terms to MBNA, they must have to get your agreement to the new account and terms, by you signing up to it. Also, I would have thought that the account would have to be assigned to MBNA from Virgin.

 

They cannot just impose a situation on you, without your agreement. Think about it, if they closed the Virgin account where you have a signed agreement, that is gone forever. The new account with MBNA, proved by new account number and terms, has no signed agreement.

[Capricorn1601]

and did was mbna the original underwriter of the Virgin Credit card?

[vint1954]

and did was mbna the original underwriter of the Virgin Credit card?

Possibly yes, but if it is a new account?

[Capricorn1601]

So at sometime during its life, the account number (long number on the card) has changed? Just checking as mine did from homebase. There is nothing on the alleged Agreement/Application form which indicates which account it belongs to, so how do we claim the argument that the agreement/form belongs to the original account number?

[Dotty50]

Hi MandM,

 

Now subbing to yours, see you have been having fun too!

 

any update to report on this?

 

D50