Help and Advice with MBNA and Cap Quest

[AndyFor]

Hi

 

I have an old credit card debit with MBNA (about £6k) that i cannot afford to pay (along with many others). i have entered into a DMP with payplan and all my creditors are accepting apart from MBNA.

 

I followed advice on here and did a SAR on them last May, i let the time pass and and as they had not answered i put the account into dispute, and still never heard anything from them.

 

then i started getting letters from Cap Quest saying they had taken over the debt and they now wanted me to get in touch with them about it.

 

i wrote back and explained that

 

a) the account was in dispute

b) that i would not talk to them as MBNA had never told me they had passed the debt on

 

but Cap Quest carried on writing to me, they also sent me a copy of the original agreement (which judging by comments on here is legit). Still i told them to go away as i'd never heard from MBNA.

 

recently Cap Quest sent me a letter from MBNA (or so they claimed) dated January this year telling me they had sold the debt. this letter has never been sent to me by MBNA even though the letter is addressed to me ?

 

i wrote back to cap quest and got quite rude with the person asknig them were they stupid (or were they trained that way) in that i ws still waiting for MBNA and they should go away.

 

2 days later i get a letter from MBNA

 

1) the letter says "thanks for your letter received" and gives no date

 

2) the letter has nobodies name on it, it is signed MBNA EBL

 

3) the letter apologises for the delay (nearly a year!!) and says "i would like to advise you of the prescribed 12 day rule within the Consumer Credit Act 1974(6) (b). This rule was abolished from 26th May 2008 and it is no longer an offence if we do not comply with the 12 days of your request"

 

4)The letter confirms that the debt was sold in June 2009 to Capquest, yet to this day i have never received anything from MBNA telling me this (apart from the letter that CapQuest sent me). the letter goes on to say (and include copies) that letter sent in Feb and May 2009 told me they "may" sell the debt on !

 

5) included is another copy of the agreement which they state is a true copy (but not necessarily an exact copy). they then say "we can confirm that when you signed the agreement, it contained key information about yout duty to repay, how your credit limit would be decided, your rates, fee and all your other rights and duties. this was in compliance with the Cosumer Credit (Agreements) Reulations 1983"

 

can anybody please advise on what i should / could do now ? fundamentally i believe they are in the wrong as they have never send me an assignment of debt. the only copy i have is one that Cap Quest sent me. one strange thing about the letter Cap Quest sent to me claiming to be from MBNA is that it contains the WRONG account number on it !

 

please help ?

[haggis1984]

Can you scan in the default notice (minus personal info) and give us the date that the letter from MBNA which Capquest sent says they sold the debt.

 

Argh if that sentence makes no sense ill rephrase later - brains not working this early in the morning!

[AndyFor]

i don't have the default notice with me

 

the date of the letter capquest sent me is dated 19th Jan 2010 and actually comes from a different address to all the other letters i get from MBNA (they're both in Chester but have different Po box no's and post codes - not sure if this actually matters or not)

 

my suspicion (not that i could every prove it) is that capquest did a cut and shut on 2 letters to make one for me - hence the wrong account number on it !

 

would it make sense to ask MBNA for a copy of all letter since 1/1/2009 ? or would i be tipping my hand by doing this ?

[haggis1984]

Im a bit worried as you say the CCA seems legit, so we need to move fairly quick to establish what defence you're going to have.

 

When you have the default notice we need:

 

The date it was issued;

The remedy date;

Was the amount demanded just the arrears or the entire balance?

 

In the meantime get a SAR out to MBNA with a cheque for £10.

 

Request:

 

Copies of all correspondence (including the default notice, letters of assignment etc,

The communications log (sometimes known as the customer information system)

A list of transactions/charges (We need to find out how much of the balance is made up of charges)

 

All letter recorded delivery!

 

 

Don't get too hung up on the account number issue. In my experience it changes sometimes when a DCA buys the account.

 

 

Does the letter from MBNA taht Capquest send state the date which the account was sold, or are you just going by the date the letter was issued?

[AndyFor]

i'm not sure i have the default notice, but i'll look at home !

 

if i request the info from them will they send me a copy anyways ??

 

i underdstand what you mean about the account number, but both numbers are credit card numbers they start 5407..... and cap quest have always quoted the MBNA (virgin cc) number to me !

 

has the day 12 rule been abolished as they tell me ? or is that just rubbish ?

[haggis1984]

They should provide the default notice in the SAR.

 

Would be very useful if you could find it when you get home and post it here. Same with your credit agreement (blank out the personal details!)

 

12 day rule still exists - it used to be a criminal offence but that part was repelled. They are still obligated to provide a repsonse within 12 days.

[AndyFor]

so how should i respond to the

 

"i would like to advise you of the prescribed 12 day rule within the Consumer Credit Act 1974(6) (b). This rule was abolished from 26th May 2008 and it is no longer an offence if we do not comply with the 12 days of your request"

 

comment ? especially as i waited for 9 months for them to reply ?

[haggis1984]

The Consumer Credit Act 1974:

 

6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

and:

5) A statement under subsection (4) shall be given within the prescribed period

after the end of the period to which the statement relates.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement;

and

(b) if the default continues for one month he commits an offence.

 

 

The criminal offence was repealed, but they must still provide an agreement within 12 days.

 

TBH I wouldn't worry about getting bogged down in legal arguments with them at the mo. Once youve got your default notice and the agreement posted here we can come up with a plan of action.

[AndyFor]

letter send with Postal Order in it !

 

now seeing as 12 days took 9 months, i hate to think how long 40 days will take.....

[haggis1984]

Prob be drawing your pension by the time it arrives!

[AndyFor]

right, got my info from MBNA. it consists of pages and pages of stuff from their computer system (all coded - but they do give a list of codes to explain it).

 

there is 1 or 2 letters from them

there is 1 letter from me

and there is 1 letter from a total stranger who has nothing to do with me

 

so, help please.

 

should this have contained:

 

copy of default ?

copy of termination ?

copy of assignment to cap quest ?

anything else ?

 

also, what should i do about the copy of the letter from somebody else they have sent me ? should i contact the other person and inform them ?

 

they have not sent me a copy of the letter cap quest claim that mbna sent me in february, the one that tells me they have sold the debt. but why mbna would tell me in february when cap quest have been chasing me since last year ???

 

one more thing, in reading the info from mbna they seem to have changed my account number part way through, they never told me about this ? should this matter ?

 

finally, should the SAR have provided me with a copy of all correspondance ? or is the pages of computer print out sufficient to what they should provide ?

[AndyFor]

does anybody have any suggestions on what my next move is ?

 

thanks

[AndyFor]

could anybody give me some advice please, as CrapQuest are now back on the case demanding proposals within 14 days. at this point i'm not even sure if i should be dealing with them or MBNA ?