Varde/Brachers claimform - MBNA card

[Smoothound]

As it was sold on the 19/2/10 we appear to be outside the 6 month SOR area so I assume they think it's a good buy

 

If it goes back to MBNA even though the agreement is Terminated and sold then they are in the same boat with me only actually being liable for the Arrears which should easily be wiped out and some by the PPI I hope to reclaim, all 14 years worth then?

[Guest HeftyHippo]

in general, yes.

 

have you had a copy of the agreement? many MBNA agreements are invalid because they're illegible, in which case they can't (couldn't ever) enforce it, including the arrears. Dont expect them to believe it though, or to be easily convinced. Don't expect Experto to readily start discussing it.

[Smoothound]

My CCA is near the beginning of the thread and it was deemed OK

[Smoothound]

I've finally received something regarding the sale but not what I want from MBNA It's just a covering letter and what the DCA say is the NA. It shows my accound no, name, short address, date account opened, default date, assigned balance and agreement type. Looks like something the DCA have cobbled together as the type in the boxes are in 2 different faces! There is no actual date of assignment and I asked for the info from MBNA not the DCA.

 

It was said above that they would do this how right you were

 

Should I now send the same letter off to Ms AE Mulholland the Company Secretary at MBNA and ask the same question again noting the fact that I have received this current letter from the DCA?

[Basil Fawlty]

You may have a long wait, as I sent a letter to the company secretary asking for the date they sold the account to EC (I know it anyway, its on the SAR). That was a month ago, and I've received nothing back yet.

 

BF

[Smoothound]

You may have a long wait, as I sent a letter to the company secretary asking for the date they sold the account to EC (I know it anyway, its on the SAR). That was a month ago, and I've received nothing back yet.

 

BF

 

Yeah I guess I'm a few weeks ahead of you then. you will probably receive the same as me shortly!!

 

I'm tempted to just accept the debt is sold on the strength of the entries in the Comms Log from the SAR but have been advised to get it in black and white as well. It's the same situation with my PPI claim, no response to my requests for info and then a vague letter saying they are looking into it and will contact shortly

[Basil Fawlty]

Latest letter I've received (from MBNA, even though EC now own the debt, apparently), states that they cant locate the original agreement, and while this happens they wont be taking any court action, but will continue to chase any alleged debt. That sounds good to me, but obviously wont stop EC harassing me..though, when they do, I'll send them a copy of that letter and see what happens.

 

BF

[Smoothound]

Right sorry for the delay but I've been laid up

 

Could someone advise me on my best course of action here? I'm in 2 minds whether to just write a letter accepting the Termination on the strength of the Comms log entry and thus Unlawful Recession or whether to write again to the Company Secretary attatching my original letter and pointing out that I've received a reply from the DCA but still nothing directly from MBNA? With the second option I'm sure it will mean another month or so of awaiting a reply!!

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?224927-MBNA-CCA-Is-it-legal&p=2727256&viewfull=1#post2727256

 

There you go Smoothound, good luck.

[Smoothound]

Thank you Dotty50

 

Is it wise to send a copy of the letter to the DCA as well or will MBNA usually just forward it on to them?

[Dotty50]

I don't think I sent the DCA a copy but just a letter advising that the account was in dispute and had accepted MBNA's ur.

 

Again, there is a copy on my thread.

 

Found it!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?201854-Mbna-Ex-Hfc-beneficial-sold-to-Hillesdens-dlc&p=2746252&viewfull=1#post2746252

Edited November 14, 2010 by Dotty50

[Smoothound]

Thanks again Dotty50

 

Letter is all ready to go in post later

 

I'm also pursuing a PPI claim which will hopefully follow hot on the heels of this letter once I have rejigged my spread sheet and brought it up to date

 

In the last 12 to 15 months of the life of this card there were multiple charges levied against my account for non payment some of which were quite high. I see mentioned in various threads reclaiming some or all of these charges but Im not sure what can be done and what can't is there a definitive guide to what I should chase or is it just send another letter with a total and see what happens? Currently I'm keeping things separate but I just wonder if I can combine the PPI and Charges claims if applicable although common sense says keep them all separate!

[Dotty50]

Yes they need to be kept separate.

[Smoothound]

Well the UR letter went off and I got this back today...Sorry it's a bit big but I tried a different method of scan and upload today!! If they respond as quick as they have to my request for further info on PPI payments I won't be holding my breath while I wait

 

[Dotty50]

Without doubt, they will deny it!

[Bazooka Boo]

Scan and post up a copy of their complaints procedure, I wanna make a complaint! My pizza hasn't arrived and I have to pour my own beer!!!

[Smoothound]

Sorry for the delay BB. Early night as I worked this morning

 

For your interest and deliberation

 

[Bazooka Boo]

Amusement, you forgot for my amusement!! I've got a complaint, and heads will roll!!!

:phone:Hullo, it's about my complaint you say I don't have.....

[Smoothound]

Amusement, you forgot for my amusement!! I've got a complaint, and heads will roll!!!

:phone:Hullo, it's about my complaint you say I don't have.....

 

I am so sorry...my utmost apologies...I knew I'd missed something...

 

I don't think they will be laughing when they get my PPI claim...this may explain why they are so quiet currently and candid with their replies

[Smoothound]

Well I finally had some more contact with MBNA today and they have quoted the usual McGuffick case again and said they've done nothing wrong regarding UR and I should contact Exspurto from now on and start making payments. They even failed to spell my name correctly! This is their final response on the matter...

 

Any pointers on my next response gratefully received? I will be sending in my PPI letter shortly as well so that will give them a treat I suppose

 

 

[Bazooka Boo]

They can't see the wood for the trees!

Well FOS it is then, and get reclaiming.....

[Dotty50]

The sale of an outstanding balance is not a form of enforcement and thus the conclusion of the sale prior to the expiry of the Notice of Default is not in contravention of the terms of the Notice of Default

 

I would be very interested to hear some opinions on this paragraph!

[Smoothound]

The sale of an outstanding balance is not a form of enforcement and thus the conclusion of the sale prior to the expiry of the Notice of Default is not in contravention of the terms of the Notice of Default

 

I would be very interested to hear some opinions on this paragraph!

 

So would I as they seem to do it all the time and from what I've read it certainly is not right

[Dotty50]

Diddydicky is the UR expert, could do with his opinion.

 

It's a very different response I got from my letter to them accepting UR!

 

So they have now gone from denying UR (as in my responses) to admitting selling before the expiry of the DN

 

Just reading through the thread again and spotted Heftyhippo's comment in post 125 about sale or return, not seen this mentioned before, wonder where they got this information from?

[car2403]

The sale of an outstanding balance is not a form of enforcement and thus the conclusion of the sale prior to the expiry of the Notice of Default is not in contravention of the terms of the Notice of Default

 

I would be very interested to hear some opinions on this paragraph!

 

It's open to interpretation and argument, but I'd suggest this is wrong as the 'sale' of the debt infers that there is some benefit to be had from the receiver - that benefit is to chase and enforce the debt against you to make it profitable. How they are qualified to say if it is or isn't enforcement is questionable, though - only a Court can do that!!

 

Diddydicky is the UR expert, could do with his opinion.

 

It's a very different response I got from my letter to them accepting UR!

 

So they have now gone from denying UR (as in my responses) to admitting selling before the expiry of the DN

 

Just reading through the thread again and spotted Heftyhippo's comment in post 125 about sale or return, not seen this mentioned before, wonder where they got this information from?

 

Isn't the McGuffick distinguishable in your case, though? The comments on enforcement were obiter dicta, weren't they? (I confess to not being an expert on that case)