MBNA offering Partial Settlement After CCA failures.

[Basil Fawlty]

Send your SAR to MBNA before yu do anything. Somewhere in the transactions it will state the day it was sold an dit will be before the rectificatin date

 

It will probably also say it was sold to Experto, whilst Experto say that Varde own it. That's what happened to mine, and others as discussed in one of my threads late last year - the title had "funny one this" in it.

 

You may also find that the account number was changed without you knowing which can invalidate a Default Notice.

 

Get the SAR, yu dont want anyone correcting any errors in the file before yu have the info do you?

 

Thanks Hefty,

As I posted in the OP, I have just received a SAR from MBNA. And yes, its shows that the account was sold to Experto before the rectification date. Then Experto wrote to me stating that Varde were the new owners, and after looking at the letter, you are right, they use a different account number. There is a letter later that admits this and then changes it back to the original account number.

What would you do now? Send off a letter accepting termination due to unlawful rescission? Or, write to both MBNA and Experto asking for them to provide a NOA? (no NOA has been provided, only a letter from Experto stating Varde are the new owners)

 

Thanks

 

BF

[Guest HeftyHippo]

sorry in my enthusiasm to make sure you didn't let the cat out of the bag, I overlooked your SAR.

 

Have a look for my thread "funny one this" in the title as your case will probably be pretty much the same as mine and a few others that posted there.

 

When Experto wrote to say that Varde owned the debt etc, I wrote back and said you must be mistaken I've never heard of you. That prompted Experto to send a NOA from MBNA. The NOA said that Experto owned the debt. The letter said Varde owned the debt.

 

I actually wrote to MBNA expressing confusion about the new ownership. They replied that Experto owned it (thus confirming it was sold on the date in the SAR). I then wrote to Experto asking why they referred to MBNA as their client whilst claiming that Varde was the owner of the debt. Never got an answer to that.

 

Is there any confusion that give you a reason to write to MBNA to 'clarify' things? If so, write, innocently, and maybe playing a bit thick, in order to get confirmation of the date and details of sale.

 

Maybe because Experto have written saying MBNA Is their client, whist also saying that they own the debt - simply ask MBNA if the account was sold or if Experto act for them.

 

As soon as you get enough confirmation of the details, write (recorded) to MBNA and say that as they have sold the debt, you now consider you have no business with them, and all matters with them are closed. or something like that. There is NO need for any particular words or phrases, all that is required is that you make it clear you consider the relationship ended and all matters concluded. The you can do nothing for a while. Experto may not chase you up much anyway, but I believe that these things are done sale or return for 6 months so Experto may be able to send it back to MBNA within that time if they know they wont make money, so stall them for 6 months, then let them know.

[Basil Fawlty]

Thanks Hefty, some good advice there. Found your thread and have started reading it now.....looks like EC/Varde bought a few pups eh?

 

BF

[Guest HeftyHippo]

a whole kennel full!

[Basil Fawlty]

Very surprised to receive this last week. After requesting CCA they sent me a letter last week stating they are ''currently unable to comply with your request.''

They also state that ''For so long as this continues, we will not issue court proceedings against you to recover the amount owed to us.''

 

Then they go on to say the debt is still there and they are entitled to contact me to request payment blah, blah, blah, saying they are allowed to do this because of McGuffick v RBS and Carey v HSBC.

 

I had added something to the standard CCA request asking them to confirm if they hold the original, and if they send me something is it a reconstruction. Maybe this made the difference, as my first request over a year ago was ignored.

 

What now? Wait for the 6 years to be up, or would anyone offer a very low F&F?

 

BF

[huggys boss]

I don't think I would offer a full and final yet, because in effect you would be acknowledging the debt (I may be wrong on this one).

 

I would sit tight for the time being and see what they come up with next. If your sitting tight for 6 years, all the better

[Deb T]

.

 

What now? Wait for the 6 years to be up, or would anyone offer a very low F&F?

 

BF

 

Sit back, you'll probably find they'll offer you one at some point.

[Basil Fawlty]

Thanks for the replies, I'll sit back then.

Hope other companies send me similar letters!

 

BF

[Dotty50]

Hi Basil,

 

I too have been 'sitting tight' but recently wondering whether to try offering a f & f (previously unsuccessful) or a reduced payment plan.

 

I requested my CCA from MBNA in April 2009 and ALL my correspondence was ignored, even tried to speak to them on the phone, but to no avail!

 

Like you, I have had (2 CC's with MBNA) both sold/assigned well before the expiry of the DN's (both 1 day short), however Hillesdens have just produced a copy of the CCA from 1992, no T & C's for that period, only current ones. Experto have only produced a re-constituted one so far.

[Dotty50]

Hi Basil fawlty,

 

Just to let you know, I have had the same letter as you from MBNA today.

 

Dotty (sitting tight)!

[Basil Fawlty]

Its a good feeling isn't it Dotty!

 

BF

[Dotty50]

Yes it does ease the pressure a little Basil

[vjohn82]

The old McGuffick/Carey line still being dragged out in desperation... and I thought that creditors were supposed to deal with debtors without referring to precedents and explain issues in clear and intelligible language?

 

Tut tut...

 

Sit back and wait now. No need to work yourself up over this one. Sounds like they know they have a turkey.

[Dotty50]

The thing that has just occurred to me though is the fact that MBNA sold this debt on in January this year, so question is, whilst MBNA will not take legal action, what about the DCA? (Hillesdens in this case)

 

Hillesdens have produced an illegible copy of a CCA from 1992 but no T & C's

[Basil Fawlty]

Over the last couple of weeks, I've received letters from MBN$ stating that they cant find the original agreements, and for this reason they will not commence court proceedings. They've also stated that they can still chase for the amount outstanding due to recent court cases (Carey and McGuffick). In the pack, there is also a copy of recent T&Cs and a photocopy of my signed application form.

 

My question is, due to my lack of trust of CCCs, why are they making this admission and not taking me to court with the backing of an application form? Companies have done this recently and relied on the judges lottery, so are they beginning to realise that an application form is not enough? Whats behind this admission? (btw, having a quick look round this forum, others are receiving the same letter from MBN$

 

I'd be interested in other people's views on this.

 

BF

[dadofholly]

Maybe in the DJ lottery the odds against them are still to high?

 

Or has there been a recent case we have missed?

[Basil Fawlty]

Something else I dont understand is, why did MBN$ even bother to send me this letter as the account had been sold to EC late last year?

 

BF

[Old Cogger]

prove one thing, the EC letters supposivly fron MBNA in EC envelopes are questionable, and so called sold to verdi Ireland?

[Bazooka Boo]

Well on the basis of that letter, they can't do anything, legally anyhow!

Correct they can continue to harass you for payment, but that is as far as it goes, including marking you credit file adversely, so if they have marked your file, they will need to remove this as they cannot prove that their was an agreement between you and them!

[minmoo]

Just to add to Dotty and Basil, i too have recently received the same letter saying they are unable to comply at the moment. I am hoping they offer a lower settlement at some point. Some people are saying to sit back and relax but i have a nasty feeling they will 'reconstruct' something sooner or later

[Becks!]

Very surprised to receive this last week. After requesting CCA they sent me a letter last week stating they are ''currently unable to comply with your request.''

They also state that ''For so long as this continues, we will not issue court proceedings against you to recover the amount owed to us.''

 

Then they go on to say the debt is still there and they are entitled to contact me to request payment blah, blah, blah, saying they are allowed to do this because of McGuffick v RBS and Carey v HSBC.

 

I had added something to the standard CCA request asking them to confirm if they hold the original, and if they send me something is it a reconstruction. Maybe this made the difference, as my first request over a year ago was ignored.

 

What now? Wait for the 6 years to be up, or would anyone offer a very low F&F?

 

BF

 

 

The consumer credit act states where they cannot provide you with an agreement then they cannot start court action. Meaning the debt is still there and they can still hassle you but they cannot take you to court and sue you. All you have to do is ignore any letters until they provide you with an agreement and after 6 years if they still have no agreement then the debt is statue Barred

[Sand-Dancer0191]

The thing that has just occurred to me though is the fact that MBNA sold this debt on in January this year, so question is, whilst MBNA will not take legal action, what about the DCA? (Hillesdens in this case)

 

Hillesdens have produced an illegible copy of a CCA from 1992 but no T & C's

Send DCA a letter that the account is in dispute with MBNA . DCA's will still chase this debt...just refer them back to MBNA

[Dotty50]

Send DCA a letter that the account is in dispute with MBNA . DCA's will still chase this debt...just refer them back to MBNA

 

But beware, despite doing this, as MBNA ignored all correspondence and sold the debt, Hillesdens managed to get a copy of a CCA from 1992 (although illegible) and have issued a summons!

[bigshoes...bigsocks]

Hillesdens managed to get a copy of a CCA from 1992 (although illegible) and have issued a summons!

 

Are they not shooting themselves in the foot doing this? Surely an illegible CCA is the same as a non existant one; i.e. useless?

[payback68]

Hello all,

 

I wonder why MBNA and their " collectors" are having a SERIOUS change of attitude here! could it be that they have been warned?

 

If you haven't already read this have a read:-

 

http://www.oft.gov.uk/news-and-updates/press/2010/136-10

 

Regards

 

PB68