Gezwee v MBNA/capquest

[gezwee]

MBNA account (yep, enforceable), paying £1.00 per month for a sizeable sum for the last year.

 

MBNA DN a few weeks back, same as most on here have seen lately - full balance, no recognisable account number, roughly 10 days to rectify etc etc.

 

24hrs after rectify date, capquest letter arrives advising debt purchased (same odd account number). Followed by numerous calls which sadly I havent been at home to answer.

 

Have sent MBNA SAR to see what date they actually terminated. I'm inclined to think that if a new account number was issued on default then termination took place at the same time (or before) and balance will be shown as charged off pre default.

 

capquest using second class UK mail which would indicate that the account was assigned to them a good few days prior to rectify date on DN.

 

Unfortunately I do not have the defence of unenforceable agreement but.......... I have no intention of communicating with Capquest whilst they chase payment on an account which gives the appearance of being unlawfully rescinded.

 

I could go for the 'thanks for rescinding' letter to MBNA but if this went to litigation at a future date would it be seen as an acknowledgement that both account numbers were for the same agreement?

 

Don't particularly fancy being in front of a DJ who wants to get home in time for dinner with that one.

 

Any suggestions? Can't be bothered with CQ at the mo, no DN (or at least no compliant one), no termination, no NOA....... for all I know they could be [causing problems] me to pay a non existent account.

 

Should I just carry on with paying the OC the squid a month and wait for CQ to try the legal route or should I send the prove it letter and wait for them to go legal

 

Gez

[Guest Old_andrew2018]

Just replying to BUMP your thread.

 

Andy

[gezwee]

No calls for nearly 2 weeks............ then at 6 o'clock tonight

 

'Hello, is that Mr Gezwee?'

 

'Yes Mr Gezwee here, how can I help?'

 

'This is C**l from Capquest, could I run through the identification process with you?'

 

'Sorry, your back needs a rest and you've bent your what?'

 

'No, mr Gezwee, THIS IS C**L FROM CAPQUEST'

 

'No need to shout I know your back needs a rest but thats no need to take it out on me.'

 

'MR GEZWEE, YOU MUST ANSWER MY QUESTIONS SO THAT I CAN DISCUSS THE LETTER WE SENT YOU LAST MONTH.'

 

'Sorry, you want me to make your back better?? I think you have the wrong person....... bear with me and I'll see if I can find you the number of a good chiropractor.'

 

3 minutes and 20 seconds of silence later and............. brrrrrrrrrrrr

 

One unhappy Capquest employee.

 

Hopefully they'll issue claim soon so we can stop all the sillyness

[IdaInFife]

have moved your thread to the mbna forum

 

Ida x

[gezwee]

Not a scooby what to do now........ just opened this mornings post and I have a brand spanking new MBNA card same account number as original?

 

Now 'if' MBNA charged off my old account on a new number prior to selling to Capquest why would they issue a replacement card with the originating account number on?

 

No wonder people get confused with who owns the debt and who to respond to.

 

Spose it adds more weight to the argument should Capquest ever decide to go legal because i refuse to communicate with them.

[gezwee]

Another 2 weeks and not a peep out of Capquest?

[gezwee]

HL Legal letter arrived in the post this morning....... have printed off the prove it letter and added a few comments of my own

 

Will see if that gets a response, was hoping for a SD by now so I can chuck a few squid in the bank at set aside

[gezwee]

Thought I'd update.......

 

Had a response to prove it letter....... apparently they are referring to lender

 

Followed by another letter asking me to confirm address in 2006

 

Followed by another letter asking me to confirm my MBNA account number

 

Followed by another letter asking me to confirm my maiden name in Oct 2006 ...... I'm a Mr by the way so not so sure on the maiden thing

 

Another one offering me a 30% discount

 

Aaaaaaaaaaaaand yet another one offering to match my payments to the account thereby halving the oustanding sum?

 

Not a single call though.

 

Reported them for continuing to chase in the absence of proof.

 

Me thinks somebody looking at my account hit every option key possible for the monkey brained letters!

[gezwee]

Just had another letter from this bunch

 

Apparently a Mr Butterworth will be issuing proceedings on the 28th January. Not a 'maybe' but a 'will' and a very kind offer to allow me to settle at 50% over 6 months

 

Amazing, 7 letters in 14 days and not one of them attempting to evidence the debt.

 

Filed under ignore again............

[gezwee]

Another update......

 

Won't be any surprise to any of you in the MBNA/capquest forums but after receiving various threats of SD etc over the last few months they finally decided to issue in February.

 

Reminded them that they were still in breach of CCA request and still no sign of a NOA from either party.

 

Strangely this was met with a very swift discontinuance (I've sent them a bill for my time in respect of this )

 

Checked at court and sure enough the discontinuance was filed on the date stated.

 

Anyway, got home from work yesterday and have finally received a copy of CCA - its an application from 2006 - it is in itself enforceable and contains all prescribed terms executed with pre printed signature from the OC, same copy MBNA presented yonks ago.

 

Also in the same envelope was a NOA from MBNA addressed to me stating that assignment had taken place on the 16th March 2010.

 

Me thinks its as I had assumed from reading many other threads on this, account shows sold on comms log and last statement dated 16th September 2009..... now at month 6 the DCA have 'lost' their contractual put back option and are stuck with collecting on this regardless of legal status.

 

As I've had the sale of account and termination pre DN rectification in dispute wih MBNA for some time now and to date they have declined to respond to any questions posed I assume I remind Capquest of the dispute and let them argue it out

 

Gez

[GeoffreyAlby]

Another update......

 

Won't be any surprise to any of you in the MBNA/capquest forums but after receiving various threats of SD etc over the last few months they finally decided to issue in February.

 

Reminded them that they were still in breach of CCA request and still no sign of a NOA from either party.

 

Strangely this was met with a very swift discontinuance (I've sent them a bill for my time in respect of this )

 

Checked at court and sure enough the discontinuance was filed on the date stated.

 

Anyway, got home from work yesterday and have finally received a copy of CCA - its an application from 2006 - it is in itself enforceable and contains all prescribed terms executed with pre printed signature from the OC, same copy MBNA presented yonks ago.

 

Also in the same envelope was a NOA from MBNA addressed to me stating that assignment had taken place on the 16th March 2010.

 

Me thinks its as I had assumed from reading many other threads on this, account shows sold on comms log and last statement dated 16th September 2009..... now at month 6 the DCA have 'lost' their contractual put back option and are stuck with collecting on this regardless of legal status.

 

As I've had the sale of account and termination pre DN rectification in dispute wih MBNA for some time now and to date they have declined to respond to any questions posed I assume I remind Capquest of the dispute and let them argue it out

 

Gez

 

 

To clarify, they issued a Statutory Demand without even going down the route of a county court claim?

 

 

That kind of says it all about how desperate they are , thats just scare tactics because they know they have no chance of a CCJ.