Jump to content


MBNA - Claim Form received today ***Resolved/Settled by Tomlin Order***


Jameson78
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3613 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have checked my Credit File and I noticed that I was defaulted by OC in February 2010. However, the DN by OC was sent in March 2010. Shouldn't the DN be sent before a Default is registered? I always believed that if you do not remedy the breach BEFORE the date shown on the DN, THEN you will be in default, not before. Is this the correct order of actions?

 

Yes : this is correct, part of the Default Notice uses the threat of reporting to credit reference agencies, a default, if you do not remedy the breach - therefore the default should only be recorded at the earliest on the day after the remedy date has expired.

 

After the default, the OC then passed the account to AIC. I immediately sent CCA request to Allied International Credit and they replied by sending back my CCA and £1 PO stating that they are only acting on behalf of MBNA and my request must be address to MBNA directly - even though the CCA states clearly that even if you are not the creditor... it places a duty to pass this request to the creditor..

 

Sadly, the OFT guidelines are not part of DCA required reading ! even if they dont comply then there are no sanctions against them. It is of course a simple action to pass on the request to the original creditor. However, I think they simply dont want to upset their clients!!

 

Then the account was passed to Wescot and then passed to Aegis (all ignored) and now ARROR who have appointed Restons whom have contacted me at my new address, (been here 2 years) and now that I have CCA ARROW they conveniently quote the DPA and that the address they have on file is different and i must supply them with ID when simultaneously their appointed Solicitors is corresponding with me threatening a Court Summons for a CCJ

 

 

 

Restons are probably one of the nastiest firms to deal with so it is best to ensure these are seen off pretty quickly. It does beggar belief that the solicitors are able to communicate with you at the correct address - so who has provided that to them ??

 

It might be worth adding that into the draft I posted earlier. Something along the lines of..

 

As your solicitors are able to communicate with me at the correct address, then you must have supplied this information to them. Therefore, your statement that you require me to provide ID/proof of address is disingenuous.

 

HTH

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

  • Replies 198
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks!

I also added, "I consider this account in dispute until such time you are able to comply with my request".

 

Can i claim UR if the Default date recorded by OC is before the final date given to remedy on the default notice issue to me?

 

Can I work on this angle as a defense? It seems to me the correct procedure was not followed here!?

Link to post
Share on other sites

the 'ruse' of phantom payments are common ones

 

send whomever said that i letter requesting details

 

head it i ack no debt to your company.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 8 months later...

Received CCA and RESTONS have started up again… Recap of posts from 2009:

Debt: £8,342, card taken out 2003

OC is MBNA

DCA: RESTONS

No PPI

I have SAR

I have CCA

CRA file says Default (satisfied) default date end 2009.

Second entry under Arrow Global for same amount and shows default date Feb 2010. This is one month prior my DFN. So they already has registered a DFN on my credit file a month before sending me the notice requesting that I take action.

(Two entries on CRA file)

DFN sent UKMail (big S on envelope) - OC has not allowed enough time to remedy.

Balance on DFN is different to sum being chased – by £20 (if that makes any difference)

Anyone see any angles here???

Thanks,

Jameson

Link to post
Share on other sites

what do you mean they have started up again?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

just willy waving

 

sit tight

 

did you ever get that SAR off?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Yes, the SAR was sent to me a few months ago.

Very interesting - it contains many pages of summary phone conversations i have had when the OC called me. For example: "called mobile on 12/10/10 and client said he only communicates in writing".

 

Also contained a few letters i had written to the OC. Nothing else. Absolutely no letters that they have sent me. Just mainly phone conversations i have had.

Link to post
Share on other sites

any penalty charges?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

look on the statements in the sar...............

over/late/letter etc etc

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

they can all be reclaimed

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

can you scan it up please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

god that poc is painfully lacking.

 

ok well don't miss your dates ack the clain defend all

else you'll get a ccj by default anyhow no matter what you do.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

get a cca request off the restons [or the claimant] by rd tomorrow.

 

get those statements out and tot up the penalty charges going back to day one.

 

use this spread and the cards int rate, put that in cell d15.

 

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that foslink3.gif will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitutionlink3.gif is claimed.

 

CISheet v101.xls

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Your timeline is..

 

Date of issue 5th June + 5 days for service = 10 June + 14 days to acknowledge claim = 24th June + 14 days to submit defence if you are intending to defend.

 

= 8th July.

 

When did you make the last payment on the account.

Did you receive a Default Notice from MBNA

Did you receive a Notice of Assignment from either MBNA or Arrow Global

 

Was there any other correspondence from Arrow Global prior to the issue of the claim ?

 

Their PoC is rather lacking - they make no mention of default - only the fact that there was a contract and that it was assigned.

 

Do you have a copy of the agreement ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I've had a rough 72 hours - my home was burgled - all whilst we slept Tuesday evening/morning.

Finger prints all over windows, didn't seem like they cared about prints,

so hopefully the Police will have them on their computers.

It's just added more stress on my life, on top of everything else...

 

dx, i have filled in the spreadsheet

- thank you so much for that!

Look at my agreement,

i can just about ready the APR of my card, 15.9%.

My agreement is pretty much illegible.

I have attached a copy of the excel file to this post.

 

[ATTACH]44512[/ATTACH]

 

Citizen,

I do have a copy of the CA. I did receive a DN in March 2010 - sent Second Class UKMail - not given enough days to remedy breach.

 

The really interesting thing is that according to my Credit File, I already had a default registered for this account one month earlier.

So I wonder what is the point of sending a Default Notice supposedly allowing me to remedy when one has already been registered a month earlier.

 

Last payment on account made 31 March 2010.

 

The last correspondence from Arrow was them finally supplying docs under Sec 78.. -

a copy of the agreement and a copy of T&C's.

 

They wrote that the debt is owed to Arrow assigned by MBNA.

On the same page, they also confirm

(a) the total sun paid is £0.

(b) the total sum outstanding and

© the amounts which will become payable comprise interest an costs, depending on what enforcement action is taken against me.

 

I did not receive any form of Notice of Assignment from either Arrow Global or MBNA.

 

The SAR only revealed short-hand communications log, and statements.

No letters

No Default Notice.

 

Jameson

Link to post
Share on other sites

Sorry to hear about the burglary, Jameson :(

 

 

Did you keep the envelope that the Default notice came in and also, more importantly, did you keep the DN ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

so that's UK mail

the Harrison judgement refers but that's being appealed I think.

 

anyhow

2nd class

takes five days to get into royal mail

then 4 days for them to deliver

 

think that's what was decided

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so that's UK mail

the Harrison judgement refers but that's being appealed I think.

 

Is it ? Surely it is too late to be appealed now.. the Judgment is some 2 years old !

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

i thought i saw something about it

or was it another of his cases

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...