MBNA [A+L] sold CCard debt to hillsdens - court claim **Settled by F&F**

[davidoneman]

Hi I know this is very hard to read but any ideas if enforcable , cheers

 

[supasnooper]

As it contains all the prescribed terms then it would be enforceable.

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

 

Also, have look at the link below - http://www.consumerforums.com/resour...lication-forms

[davidoneman]

Hi just recieved a claim form hillesden securities , for £4877.05 + £85 court fee and £80 solicitors fee. i have looked and i have had 9 late fee charges of £12each and 8 over limit charges £12each. what should i do about the court claim , all help is much appriciated

 

Hi i have an old a&l credit card which was sold to hillsden securities and i have just recieved court papers , is there any laws on irrasponsible lending ? also is there any thing i can do about it ive had 17 £12 charges on for late fees and over balance, the credit agreement is http://i46.tinypic.com/1zoeuck.jpg. thanks for any help recieved.

[twofoot]

That is not worth the paper it is written on. Be sure to send off the acknowledgement to the court. You will be defending all of their claim and will win hands down. Later when you submit a defense ask on here in good time and help will be swift.

[davidoneman]

so what defence do i send ? so is the credit agreement enforcable or not ? sorry all the questions just flapping alittle

 

Hi

just having abit of trouble with 1 of my debts ,

 

its been sold to hillsdens ,

 

( got a county court claim yesterday)

 

can a company sell a debt if they havnt supplied me with a DN ,

 

if that is the case i dont remember recieving one and

 

as i didnt have to sign for it they dont have proof ive ever recieved it ?

 

is that correct ?

 

sorry for the questions just need to sort it out for the court case .

[Undercover-Elsa]

Hi David,

More to the point, they certainly must issue a valid DN prior to demanding the full balance/terminating/taking court action.

Unfortunately however there is no requirement for them to send a DN by Recorded Delivery. Normal mail is standard. Did you receive a Notice of Assignment to Hilsdens?

I think you need to send a Subject Access Request to the original company. State specifically that you require a copy of the actual DN, termination and Assignment notices, otherwise you'll just get a computer printout stating date sent (if any). Is it a CCard, loan or OD?

Elsa x

[davidoneman]

hi its a credit card debt this is credit agreement http://i46.tinypic.com/1zoeuck.jpg , i cant remember if i recieved a dn , i remember a letter saying it had been sold , i did a sar report but didnt include dn , termination and assignment noticed , should i send a letter saying that i did not get all the information i required and state that im wanting these as ive allready paid the £10 , should i send the court papers saying im wanting more time to sort this out , then i should have the dn to check by then ? cheers dave

[Undercover-Elsa]

First, have a look on the communications record in the stuff you got with the SAR. Check all through for any note that a DN was issued. If they didn't log issuing one, no need to ask for it.

Are there any unfair charges on this account?

[silverfox1961]

Morning,

 

The problem with DN's is that they are template letters and they just add your details to it before posting.

On their systems they log it as being issued but doesn't say posted and they don't keep copies of these letters.

If you got any account information, look through it carefully to see if it says anything about a DN.

If it does, check the dates to when it was "sent" and when the debt was assigned.

If they do send you a DN on request, it is more likely to be generic with none of your details on it.

[davidoneman]

yes theres 17 £12 charges in total for over limit and late fees, i think it does say dn on the log that ive got

[postggj]

can i jump in people

 

a creditor can sell an account with out a default notice providing the account

 

HAS NOT BEEN TERMINATED PRIOR TO SALE.

 

so if you have a termination notice, its end game

 

where the likes of credit card companies frack up is the new creditor (dca) cant offer a credit card to replace the original card so is a breach of agreement between you and the original creditor

 

to start any future legal action

 

the new dca (creditor) would then have to issue a DN

[davidoneman]

Hi ive just look at the log i was sent in my sar it says 18/03/09 uency on accs, default/timescale/sod . then on the 20/04/09 sold to direct legal then it says sold 18th april. I have just looked at my credit file it says hillsden securites credit card default 03/2009 end 31/03/2009 , how can that be if mbna didnt sell it till 18/04/2009 ?

[silverfox1961]

When a debt is sold, the new owner replaces the original creditors name. The date stays the same as you cannot be defaulted on the same account twice and a new date cannot be inserted

[davidoneman]

so does that mean i need to have had a dn from hillsdens to take me to court , is the credit agreement how it should be ?

 

anymore help ?

[postggj]

This Is What Confuses Me

 

As Stated A Crediror Can Pass On An Account To A New Creditor As Long As The Account Has Not Been Terminated Or Defaulted And The New Creditor Must Continue With The T&c Of The Old Agreement, Ie, Giving A New Credit Card

 

Morgan Stanley, Goldfish And Barclaycard For Instance

 

But Why Would A Creditor Sell An Account To A Dca, Not Just Transfer The Ownership

 

remember People

 

Ime Talking About Transfering An Agreement Between Creditors

 

Not Selling A Deliquent Account To A Dca But A Live Account

 

so does that mean i need to have had a dn from hillsdens to take me to court , is the credit agreement how it should be ?

 

 

NO

 

IN YOUR CASE THE ORIGINAL CREDITOR WOULD HAVE DEFAULTED

 

DEMAND TO SEE THE ORIGINAL DEFAULT NOTICE

 

ASK TO SEE ANY ASSIGNMENT NOTICE , BE IT EQUITABLE OR ABSOLUTE

[davidoneman]

theres so many confusing things to me , so in regards to the court papers what do i do , do i accept i owe or can i do something about it ?

[postggj]

So You Received A Claim Yesterday

 

Dont Panic

 

Do Nothing For The Time Being

 

You Have 14 Days To Acknowledge

 

Ill Be Back On Later As You Need To Send Hillesdens A Cpr Request

 

Ill Do It Later Or Can Some One Post It Up

[davidoneman]

right if im reading this correct- on the log from mbna on the 18/03/09 , time 17.49 it says default/timescale/sod , does that mean the default letter was typed up ? on my credit file it says default 03/2009 end 31/03/2009 , if thats right they havnt gave me 14 days ?

[tindwcel]

Is there more to the "credit agreement" than you have posted in that image? If that really is all they have then it is rubbish.

[davidoneman]

hi in my sar req theres 2 other pages with terms and conditions do you want me to post them up

[cerberusalert]

Is there more to the "credit agreement" than you have posted in that image? If that really is all they have then it is rubbish.

 

Can you expand on why you think it's rubbish? Because it does contain the prescribed terms. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

[davidoneman]

appriciate all the help

Edited June 22, 2010 by davidoneman

[cerberusalert]

Do you have a DN you can post up?

[tindwcel]

Can you expand on why you think it's rubbish? Because it does contain the prescribed terms. http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html

 

OK - looks like I should have gone to Specsavers, or chosen my words with more care. I felt that it looked incomplete. I see a non-existent Section 4 referenced in it. How much else is missing? If that doesn't matter, and all that does is the existence or not of the "prescribed terms" then I bow to your greater knowledge and experience.

[cerberusalert]

AFAIK as long as the prescribed terms are embodied within the signed document they can refer to other terms which may be contained within separate T&Cs.