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leopard lady

MBNA/Arden/Britannica recoveries SARL/Mortlake - court paper received.

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and so it can for s78 purposes!

 

however - if it comes to enforcement- they will have more of a problem

 

note that they are NOT saying that they do NOT have it- just that they dont need to be in possession of it ( it could be destroyed or it could be in an underground storage bunker on a disused airfield in khazakstan!"!

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When I sent my cca request, I added onto the letter that, as they were threatening legal action, if they were going to send a reconstitued cca, could they confirm that they do actually hold the original and in what form.

 

until they send you a letter before action - they have no obligation to do so

 

threatening legal action means nothing

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I know they haven't got one as I forgot to sign the thing. I'm not trying to avoid the debt, just want them to either accept reduced payments or a F&F for it while I have some money.


"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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Hi LL,

 

Right, had a chance to digest it fully now, I hope you have too.... the letter is probably more than you would get by going the FOS route I mentioned way back in the thread.. it does seem like they are being reasonable.

 

I worry that they mentioning defaulting but not what will take place after that... will they allow repayments or will they sell it on? but other than that point it would seem a good deal.

 

In my case I managed to get the interest down to 2% also with no charges so you can compare your offer against that :-)

 

S.


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Hi LL,

 

Right, had a chance to digest it fully now, I hope you have too.... the letter is probably more than you would get by going the FOS route I mentioned way back in the thread.. it does seem like they are being reasonable.

 

I worry that they mentioning defaulting but not what will take place after that... will they allow repayments or will they sell it on? but other than that point it would seem a good deal.

 

In my case I managed to get the interest down to 2% also with no charges so you can compare your offer against that :-)

 

S.

 

 

How on earth did you manage to negotiate that, sounds excellent too. I have no cca available but dont know how to start the ball rolling with regards to negotiation. Is it as simple as 'seeing as you dont have the paperwork, how about accepting such and such' lol. Or is it best to wait and see what they come up with?

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They had treated LL very badly and she complained very loudly and kept on complaining until she got results.

 

Complaining and keeping records is useful - not only for further complaints, but if it ever goes to Court it is useful info to have.


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They had treated LL very badly and she complained very loudly and kept on complaining until she got results.

 

Complaining and keeping records is useful - not only for further complaints, but if it ever goes to Court it is useful info to have.

 

Spot on GH, only difference is subsitute the word essential for useful :-)

 

How on earth did you manage to negotiate that, sounds excellent too. I have no cca available but dont know how to start the ball rolling with regards to negotiation. Is it as simple as 'seeing as you dont have the paperwork, how about accepting such and such' lol. Or is it best to wait and see what they come up with?

 

I used the system, I wrote complaints, I sent all the information that MBNA requested from me (suitably/heavily redacted of course:-)) I proved that I had responded to each letter whereas they just kept sending out the usual automated response rubbish I plugged away and then finally when the time limits allowed I then followed up with a complaint to the FOS.

 

S.


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Deal with your debts:

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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So i need to get more letters out to them then, regardless of how many end up in the bin one or two may have an effect. I suppose pointing out the lies on the phone is a start.

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So i need to get more letters out to them then, regardless of how many end up in the bin one or two may have an effect. I suppose pointing out the lies on the phone is a start.

 

Tell them your recording the call or simply dont go through security... cuts out the lies 100%

 

S.


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Deal with your debts:

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***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Just when you though it was safe to go in the water ------------------------

 

received the compensation cheque, apology etc, and wrote asking to set up the formal payment plan at the amount they said I needed to pay.

 

This was 10th Feb. I paid the correct amount for feb.

No reply so 28th feb sent another letter asking the same and asking for confirmation in writing.

 

Yesterday I got 2 letters,

1st asking for payment of the arrears,

2nd acknowledgement of complaint and promising response within 28 days???????????

 

Am I going mad or what.

 

Head and brick wall come to mind!!!

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Am I going mad or what. Head and brick wall come to mind!!!
Their heads will still be spinning after the recent court judgment against them. http://www.consumeractiongroup.co.uk/forum/showthread.php?296622-Harrison-vs-Link-Financial-Limited-High-Court-judgment

Anthrax alert at debt collectors caused by box of doughnuts

 

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Long time no see LL. :-)

 

But you have the proof in writing dont you? Bunch of eejits that they are :wink:

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Sorry minmoo, been busy on gardenlaw forum with NFH who's surveyor has today come and demolished half my wall, but thats another story!!!!

 

Yes I have it all in writing but getting the morons to understand whats happened is another thing. If they can't get the same person to administer an account, they could at least check the account history. I have addressed all correspondence to Gail Powell Vice President who sent my complaint reply, but obviously they're not getting to her. Nightmare.

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Am at a bit of a loss what to do now.

 

I have asked repeatedly for a formal payment arrangement in writing as they said in their apology letter,

 

I paid the full amount asked for last month and have still not had anything in writing.

 

It is now time for this months payment to be sent but still nothing in writing to say I have a formal agreement.

 

I have sent 4 letters now since the reply to my complaint and don't know what else I can do.

 

Don't know whether to send the full payment or not, this is really frustrating, just when I thought it was all over I'm back to square one.

 

They're refusing to communicate in writing!!!!!

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Make your payments and keep a careful record of everything. That's all you can do.

 

MBNA seem to be taking a bit of a bashing at the moment from all sides, you would think they would welcome someone willing to pay with open arms rather than treating them to more of the same .....


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Thanks gh2008,

 

I know, its a nightmare!!!

 

My mum had been writing cheques for the payments so there is a record in her bank statements of all payments as we thought this was the safest way, and more inconvenient for them.

 

I was hoping this would prod them into putting it in writing and getting a bank payment, but apparently not.

 

I am still keeping my file with all letters too and from,

and keep threatening to send to FSA but they don't seem to care.

 

Head and brick wall come to mind.

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Head and brick wall come to mind.

 

:frusty: there you are :D

 

Just keep doing what you are doing, and then make a formal complaint - you know the drill :)


If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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yes I do, unfortunately!!! I was wondering whether to threaten the unfair relationship thing you mentioned before, is that relevant to their non communication, please?

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Well, still nothing from MBNA. Think I'm going to have to report to OFT or FSA or whoever. If anyone has been through this I would be grateful of some advice and support please?

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Hi LL :-)

 

I figure this wont help but as you know MBNA wouldnt help me when i asked

 

i had to go the CCA route and stop paying (they still wont help lol)

 

but about a month ago i had to write a letter to mbna for the wife and sent it off with an i&e.

 

Well, they agreed on the phone to lower the payments from 140ish to 20ish for six months,

stop charges and interest at which point they would default her and sell it on.

 

They would then pass on the recommendations to the dca that it continued.

We said we would need it in writing obviously and they agreed.

 

nothing happened for three weeks and we though thats the end of that but eventually we have had confirmation by letter.

 

I am not sure what you should do but it is clear you have been missed on their very efficient system

as they do seem to send out letter to confirm what agreement has been made.

 

God only knows why they wouldnt help me though grrr :-x

 

Good luck though, keep us posted.

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Hi minmoo

 

I had a similar experience; written confirmation of one account and radio silence on the other, with both sent identical I&Es.

 

Although they say they sell it on, they just employ a bandit DCA; when they start willy waving their pistol, just ask for a notice of assignment quoting European Credit Directive: it causes brewer's droop.

 

x as always

 

v

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Thanks Minmoo, glad your wife had a good result.

 

I just don't believe it after all that crap in the complaint response and the compensation you would have thought they would at least acknowledge my letters!!! They have now lodged another complaint even though I haven't actually made one - morons.

 

I have now got all my other credit card companies jacking my rate as I have 3 months red on MBNA and no agreement noted, not that I'm bothered as I don't use them anyway, but its the principle.

 

I'm at a bit of a loss who to complain to and how to go about it now.

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Ironically came home to a letter today.

 

Had been sending letters to the person who sent my complaint reply, and they dont take correspondence????, silly me lol :mmph:.

 

I have been wasting my time and mums money paying the higher amount for a formal agreement as they have not done anything about it.

 

Even if I keep paying it they are going to default me after 6 payments and send my file to a dca.

 

I have to phone their debt specialists if I still want a formal agreement and go through income and expenses again and inform them how I can afford to pay them, all of which I did months ago.

 

To be honest I feel I am back to square one and have gone through all this for nothing.

 

If this is the case I might as well not pay at all.

 

So much for the response to my complaint saying they will do an agreement when I can afford it.

 

Oh, and this is all they have to say on the matter and have referred me to fsa.

Edited by leopard lady

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Heres their initial response from Gail Powell, vice president

 

That was followed by a response to the complaint pointing out a few untruths in her response. I then sent numerous letters requesting to be put on a formal payment plan as per her letter, but again recieved no reply until the following which I recieved this week. I have since recieved a letter basically saying the same as this one but from Gail Powell. I can't find it at the moment but will post it asap.

al l ll docs.pdf

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