1st credit and MBNA Loan debt

[penmarine]

Hi Caggers, I have another thread which this relates to but it is that clogged up, I thought I'd start a seperate one and I couldn't find an answer on any of the other 1st threads either, or any paperwork that vaguely looks the same.

 

First off the this account is in dispute, 1st credit sent me the below paperwork and said pay up. The covering letter didn't have any date on it and it has 4 different options for me to choose from. The first option being if this is your signature, confirm and we'll send you the rest of the agreement. Why didn't they just send the whole thing like they are supposed to? Also a big absence of NOA, default notices, etc relating to the account .

 

Second off on the breakdown page it had what looked like my signature with the 05 Oct 01 on there, if you look at the company signature and date it is the 04 Oct 01. That is saying to me that the quickest postman in the UK obviously was employed to delivery the agreement for me to sign it the next day???

 

Third off they sent me only part of the CCA agreement.

 

Unreliable Collections sent me the attached letter asking for an answer on what I'm going to do with the account within 28 days. Now same as above the account is already in dispute. Send them another dispute letter or is there something else I can send them. Because surely NOA, default notices etc should have been enclosed with my CCA?

 

Well after going round the houses to get to the front door, my question is, what next? Send them another account in dispute letter or is there some other template I can send them to say send me everything or I'm not paying? All help as always is much appreciated. PM

 

http://i783.photobucket.com/albums/yy115/penmarine/1stcreditpg10001edit.jpg

http://i783.photobucket.com/albums/yy115/penmarine/1stcreditpg20001edit.jpg

http://i783.photobucket.com/albums/yy115/penmarine/1stcreditpg30001edit.jpg

http://i783.photobucket.com/albums/yy115/penmarine/ReliableCollections0001edit.jpg

[hillards]

Best advice is - don't start extra threads. People look to see if they can help, but then have to back-track. That's why everyone is asked to stick to the one thread, start a new one if it's not their thread and so on.

I've not looked for your earlier thread, at least give others a chance by putting a link to it?

[penmarine]

Hi got the attached yesterday, just need advice on how to proceed as below.

 

First off the this account is in dispute

, 1st credit

sent me the below paperwork and said pay up. The covering letter didn't have any date on it and it has 4 different options for me to choose from. The first option being if this is your signature

, confirm and we'll send you the rest of the agreement. Why didn't they just send the whole thing like they are supposed to? Also a big absence of NOA, default notices, etc relating to the account .

 

Second off on the Breakdown

page it had what looked like my signature with the 05 Oct 01 on there, if you look at the company signature and date it is the 04 Oct 01. That is saying to me that the quickest postman in the UK obviously was employed to delivery the agreement for me to sign it the next day???

 

Third off they sent me only part of the CCA agreement.

 

Unreliable Collections sent me the attached letter asking for an answer on what I'm going to do with the account within 28 days. Now same as above the account is already in dispute. Send them another dispute letter or is there something else I can send them. Because surely NOA, default notices etc should have been enclosed with my CCA?

 

Well after going round the houses to get to the front door, my question is, what next? Send them another account in dispute letter or is there some other template I can send them to say send me everything or I'm not paying? All help as always is much appreciated. PM

 

http://i783.photobucket.com/albums/y...g10001edit.jpg

http://i783.photobucket.com/albums/y...g20001edit.jpg

http://i783.photobucket.com/albums/y...g30001edit.jpg

http://i783.photobucket.com/albums/y...ns0001edit.jpg

[penmarine]

As Hillards reply please click on this link to original thread, sorry guys and girls.

http://www.consumeractiongroup.co.uk/forum/showthread.php?265524-Byrom-and-Keeley-Friends-or-Foes/page6

[penmarine]

Hi CAGGERs, it seems to be all kicking off in this corner. Got a letter from Connaught Collections today (never heard of them personally) please see below what I got, the letter looks exactly as typed out below:

 

We have been instructed by our client (1st Credit Ltd - MBNA to make it easier) to recover this long overdue account.

TAKE NOTICE

There will be no further reminders nor opportunities for you to delay payment any longer.

Should you wish to avoid this matter being passed to our lawyers in your country, payment must be made in full and sent to this office within the next ten days.

We understand that you have been previously furnished with the full details of our clients claim.

DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER.

 

Yours Faithfully

 

Some mug at Connaught Colletions

 

Now I was under the impression to pass on a debt to an overseas lawyer/DCA, the UK based DCA would have to go to UK court first to get a judgement. This by the way hasn't happened. So if they pass the debt onto a foreign lawyer/DCA without going to UK court first, can I get it set aside OR are they allowed to pass it straight on? To be honest I'd be fcuking very surprised if they did manage to find out which country I'm in, but you never know with these snakes. The account is also in Dispute from July time aswell, like all my others. As for furnishing me will the full details, a crappy CCA copy with something that vaguely looks like my signature on a bit of paper and no prescribed terms just doesn't cut the mustard. Should I just ignore or DSAR 1st Crud, MBNA to find out if the debt had been bought, NOA was done, etc etc? Thoughts welcome.

[Bazooka Boo]

DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER.

 

That made me laugh, I mean you would think it was a matter of life or death, what complete incompetent morons, IT'S ONLY MONEY MUPPETS!

Write one back saying DO NOT UNDERESTIMATE THE I COULD NOT GIVE IN RELATION TO THE YOU LOT GIVE REGARDING THIS TRIVIAL MATTER!

 

Got to try harder than that to get a squeak out of me you fools.

[penmarine]

BB I take it your slide on this letter is definately ignore it then? However your reply did make me chuckle. Just been reading someone thread on UK Debt in Canada. I think I've got my answer, these Connaught people need to get a CCJ before passing it to anyone overseas and seeing as I'm not a UK resident, IMHO they are fcuked! Please correct me if I'm wrong however. I think I might send them a letter back with the above on, as I don't really respond well to threats anyway. PM

[penmarine]

Hi again, due to go away for a while come this monday and as per post 132 just wondering should I DSAR Connaught/1st Crud or MBNA on Monday to find out Notice of Assignment, Default Notices, actual CCA, statement of accounts etc. As I would prefer to deal directly with MBNA if they have anything on me, which I doubt. As if I do the DSAR this is a further 40 days that they cannot bug me for. And I don't want them bugging the better half when I'm gone. It doesn't bother me, but it stresses the wife a bit. And if anyone can answer the question about being chased by a lawyer in the country I reside in would be much appreciated aswell. Ta PM

[penmarine]

Anyone know which address I should use to DSAR MBNA? And should I send a copy of the DSAR to Connaught/1st Credit so they know? PM

[penmarine]

Hi last thing before I go to bed, hopefully someone will answer before I start posting stuff in the morning. Will be posting off a SAR to 1st Crud tomorrow and sending the following to Connaught Collections:

 

Thank you for your letter of XXXXXX, the contents of which have been noted.

With reference to my previous letters to 1st Credit Ltd (whom you are owned by), I wish to draw you attention to your client’s lack of compliance with my legal request.

On XXXXXX I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. They/You have failed to comply with my request, and as such the account entered default on XXXXXXXX.

Please find enclosed a copy of a Subject Access Request sent to 1ST Credit Ltd (your clients) on the 01 Nov 10 for your perusal.

I note that you have sent correspondence containing sensitive private information to me at same address as that detailed in my s.78(1) request. If you are concerned that you are corresponding with the correct person I wonder why you have not verified the information before.

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998. The time to confirm my identity was before you sent your first letter, as was 1St Credit Ltd responsibility. You or your client (1st Credit Ltd), have not confirmed this.

I draw your attention to the fact that this Account is still in Dispute with 1st Credit Ltd, their reference XXXXXXXXX.

I also draw your attention to the following:

The EU has agreed a procedure known as an EPO -European Payment Order which came into force in January 2009 and can be used to enforce collection of a UK debt without the CCJ. The European Payment Order is only available for cross-border cases. It allows for citizens and businesses to use a simple method to enforce UNCONTESTED PAYMENTS. As this account is still clearly in dispute, I will defend this motion if it is passed to a lawyer in the country to which I reside. Furthermore, if the court of my country find in my favour, that the debt is unenforceable, your company or lawyer employed will be liable for costs and damage costs of a counter claim.

I look forward to your speedy reply in how you would like to proceed with this matter, which is still an Account in Dispute with 1st Credit Ltd within the United Kingdom.

Yours faithfully,

 

 

MR BIG BALLS

Any thoughts on the above letter much appreciated, especially if I've missed something important out.

PM

[penmarine]

Evening campers, 2 queries.

 

Anyone heard of CARS or Creditlink Account Recovery Solutions?

Had a letter from them today stating they have confirmed my address, awesome!!!

I'm obviously cacking myself, they are going to send a doorstep collector round (good for them) or start ligitation (even better) .

 

The debt they are chasing was with 1st Crud a couple of weeks ago, the Account is already in Dispute.

Are they part of 1st Crud like Connaught Collections are, or are they a new DCA?

I only ask before I send them a letter and Trading Standards.

 

Next query is about Robbers Way. TELEMESSAGE TELEMESSAGE TELEMESSAGE (you get the idea) Alex Jones has been trying to contact me (not very well seeing as he/she has written me a letter instead).

 

It may be to my advantage to ring before 8 pm today.

Is this to offer me a once in a lifetime settlement? I only ask as I DSAR'd the creditor and its linked to an old bank account (the debt is made up of overdraft and flexi loan).

 

There is no CCA's for anything that I ever had off them (this includes loans, credit cards master and visa, and overdrafts for the whole 8 years that I banked with them. No notice of assignments, DN's, nothing, just information on charges, bankstatements, bank searches etc I guess Robbers Way know they have just dipped out on about 5 grand. Any thoughts please especially the 1st query. Ta PM

[Bazooka Boo]

Yes C.A.R.S are well known not at all sure who they are a part of if at all?

Robbersway, well theres a joke in itself.

If these accounts have been passed from one to another when it is disputed, then you can either continue the game of letter tennis and tell them, or ignore them, file their incompetent ramblings on away and report them all to the relevant authorities.

[penmarine]

Cheers BB sent it off today, your right they don't give a monkey's they just want their money.

 

Anyone had dealings with Debt Help Services the specialist collections unit of 1st Credit Ltd.

Had a letter off them today, please contact us, 1st Credit haven't heard from you or received any letters from you (thats very strange seeing as I DSAR'd them last week via RD and it was signed for), we are here to sympathise with your situation blah blah blah.

 

I have no intention of replying as this is the 3rd lot of mugs that have contacted from 1st Credit.

Connaught Collections being the last lot a couple of weeks ago.

 

Do they think that if they send a different heading letter you'll get in contact.

I think 1st Credit are now at a sticky end :lol:as the legal action threat from Connaught hasn't worked :madgrin:and now these muppets want to give me a hug and tell me everything is going to be alright:violin:????

 

I only ask as they have obviously sold on the other outstanding debt to C.A.R.S. who should have had the Acct In Dispute letter by now. Do they really just keep going round in circles and cutting down rainforests for the fun of it???? PM

[ScarletPimpernel]

1st Credit also pose as LCS as well as DHS and own Connaught.

 

The thinking appears to be that if the threats on 1st Credit letterheads don't work, sending differently worded threats on different paper might.

 

Place as much confidence in what they say as you would in a mover telling you 'the TriStar will be fixed tomorrow', or a Loggy saying 'You'll get that issued in theatre'.

[Bazooka Boo]

CSL, 1st Crud, LCS, Connaught, absolute quality firm, rang them earlier to do a little baiting, (CSL that is) with the intention of asking them for Connaught, but was so engrossed with an email I was looking at that I totally forgot what I was going to ask them, and ended up laughing at this lad down the phone, he put the phone down and now they won't answer??

[penmarine]

SP I think I would prefer to place more confidence with the DCA at least they are predictable unlike the aforementioned.

 

It did make me chuckle. PM

[penmarine]

BB with the help of yourself and others on this site, I don't feel intimidated by these people anymore, they did used to make my life a misery, but now, I get an enjoyment of sending out letters sometimes.

Even if it is just so they pass it on to someone else.

 

I now know that 1st Crud have got nothing on me until my DSAR comes back in T-35 days.

And I don't hold out much hope on them having NoA's, DNs, SoA's or correct CCAs with respective assignment paperwork.

 

They obviously had no intention of chasing me when abroad after I said I'd defend in the country I was in either (which I would do aswell). I will keep fighting for the next 6 years, they are not getting a penny more off me. In fact they seem to be the only DCA putting any effort in, Robbers Way just send out the monthly pish, as do IQOR, AIC, Link, CrapOne and Unreliable Collections. PM

[penmarine]

Got a reply today for my DSAR to 1st Crud,

they included

copy notes from their system,

payment history,

letters sent to me (only going back to Mid 09, they've had the account for nearly 8 years?????)

copy of the agreement (the T&Cs look suspect)

notes from connaught and

letters I sent Connaught.

 

They say what they have sent completes the response to my DSAR, I beg to differ.

 

Now for my questions;

 

1. as part of the DSAR should I have not been sent a Notice of Assignment letter from 1st Crud?

I can honestly say I've never had one in the 8 years I've put up with these munters.

They banged on about Section 136 of the law of property act 1925, but that doesn't wash with me without this letter, as I know only a court case will make the Deed of Assignment appear.

 

2. Should they have not sent me a copy of the original Default Notices?

 

3. Should I DSAR MBNA aswell?

 

4 and finally. I still see the account in dispute as they still haven't produced documentation from my original CCA request in relation to the CCA and related documents i.e Notice of Assignment letter, would I be right in thinking this, as I will be writing to them again stating dispute again and requesting the Notice of Assignment letter and Default Notices?

 

Thoughts/Advice appreciated. PM

[Bazooka Boo]

Deed of assignments are related to property or endowment policies, a Notice of Assignment which is relevant in this case is for debts being passed around like pass the parcel.

A DSAR should always go to the OC as they will have the entire history of your relationship with them, unlike 1st crud. This will include the missing docs like the NOA, payments and charges etc are you saying that 1st Crud have been chasing you for 8 years???

If they haven't taken any legal action by now, you are wasting your time continuing with letter tennis, they are never going to take this to court.

[penmarine]

8 years is the time they have had the account, i always used to pay until I put the account in dispute earlier this year. I doubt they would take me to court anyway there last ligitation threat was stopped before it started, I'll DSAR the OC today. Cheers BB.

[Bazooka Boo]

No worries PM. IT;S FRIDAY!!!!!

[penmarine]

Afternoon any know the address to send a SAR to MBNA? Looked on the MBNA forums but it just says send to the Data Controller. Ta PM

[Bazooka Boo]

I beleive it is this...

Data controller

MBNA Europe Bank Ltd

Chester Business Park

Wrexham Road

Chester

CH4 9FB