My Mate vs MBNA / AIC

[Scrapper]

Evening all,

 

I have got so fed up trying to get a response from my own thread I thought I'd start a new one as having WON in the title seems to be doing me know favours. I am now getting as stressed as my mate and it's not even my problem.

 

You can read all the posts here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?185191-Scrapper-vs-MBNA-Potential-Commencement-of-legal-proceedings***WON***&p=2698253&highlight=#post2698253

 

If you have bothered to read the above thread then you will be familiar with the story so far.

 

I am in need of some serious advice before my mate has a breakdown and I go completely cuckoo

 

I wish to god I haven't got involved but I am so I must see it through to the end.

 

"My mate has had a call from some outfit called Allied International Credit demanding immediate payment by Monday as they have some papers ready for the courts.

 

He told them to be his guest and the bloke on the other end started shouting at him so he put the phone down on him.

 

Before the shouting they asked for copies of everything he has with regards to agreement is duff, default is duff, statements showing the charge off 1 month before agreed settlement date & the copy of the credit record showing the charged off and defaulted 1 month before settlement date."

 

As I didn't get a response on here I drafted a letter to send AIC pointing out some very serious issues.

"Dear Sirs

I am writing in relation to the conversation that took place today between me and one of your advisors on behave of my wife on the 18th October 2010.

 

I made it quite clear that due to this account being in serious dispute I am somewhat surprised at why this account has been passed to you for collection.

 

I would like to give you some background into the situation leading up to this account being put into dispute.

Please see the enclosed numbered items:

 

1. The original agreement I have in my possession is unenforceable.
   
2. I have an agreement in writing that MBNA would agree to a full and final settlement of £****.00 with a final payment of £****.00 due on the **th Oct 2009. This being the case can you please explain why when I called to make payment I was advised that the account had already been charged off (terminated) and defaulted?
   
3. On the **th October I received a letter dated the **th October 2009 advising that as partial settlement hadn’t been made the proposal had been withdrawn and normal collection activity would resume. Why would I make payment when my account had already been defaulted and charged off (terminated) – MBNA broke the agreement between both parties?
   
4. On the **th November I received a Default Notice dated the **th November which advised me that I was to pay £***.69 by the **th November 2009. How can this be? My account had already be defaulted and charged off (Terminated) there is also the matter of having 14 working days to rectify. This Default Notice only gave me 12 days therefore making the DN invalid. MBNA are now only entitled to £***.69 through the courts and the courts are powerless to make judgement or force payment for the outstanding amounts MBNA SAY are due??
   
5. I then proceed to receive letters from Debt Clear Recoveries (MBNA Company) on the *th & **th Jan10 and the *rd, *th & *th March requesting payment. The letter that stands out for me is the one dated **th Jan 10 asking me to consider the following: Borrow money from relatives & remortgage my house to release equity. MBNA by even making this suggestion are in breach of the OFT debt collection practices regulations.
   

Taking all the above into consideration I am prepared to make a full and final settlement offer of £**** paid over ** months and on the condition that the default is removed from my credit file.

If this offer is acceptable I will require confirmation in writing and confirmation that the default has been removed before payment commences.

Failing that please be advised that I will make no future payments and will happily defend this matter in court."

 

Today my mate received another call from AIC advising him that MBNA say the account is not in dispute never has been and never will be. Then proceeded to go on about taking him to court and nobody has ever beaten them in court and his offer is not acceptable blah blah blah. The thing the caught my attention "after tekking him never to speak with them" was the mention of this debt being assigned to AIC but my mate swears he kept refering to MBNA. My mate asked him 3 times to ask MBNA if they would be prepared to talk and negotiate and was told no they aren't and we are dealing with this now. So he told him to feck off and take him to court.

 

What next? Any letters, advice etc. Pointless asking AIC for a CCA as MBNa already supplied it and it's duff which we already knew given my mate has the original. Good lad

 

Thanks

Scrapper Coco 8)

Edited November 25, 2010 by Scrapper

[Dotty50]

Hi Scrapper,

 

This thread is in the beargarden, should be moved to the MBNA one, try alerting the site team.

 

Don't tell anyone that your mate has the original agreement, keep that safe. It's also something the site team might be interested in seeing, to add to there system.

 

I didn't get much hassle from AIC, just sent one letter and never heard anything else from them.

[SOD'EM]

I know you have already ststed it, but he must INSIST that any correspondence is in writing. If the debt is unenforceable, then he shouldn't even consider coming to a compromise with anyone. As for AIC never losing in court:lol:. Even if they apply to the court, he has a certain amount of time (2 months I think) to give his response. This can simply be done online. He just has to state his disputes and so on, then the court will inform AIC. The chances are, they will not reply to the court and then will try and sell it on to another DCA. That DCA will then try and lift the stay on the case and the judge will say 'SOD OFF!!!', the original DCA should have responded to the defence already on file.

 

That is through my own personal experience (albeit, it wasn't with AIC but it was MBNA). But, as always..........Panicking helps nobody, and solves nothing:wink:.

[Scrapper]

Thanks Dotty & Sodem

 

The other thing that is a concern to me is that my mate swears he said MBNA said the account has never been in dispute. After what I have read on the forums I wouldn't put that past them but surely with all the evidence in writing etc they are not that stupid to decline his offer knowing they could end up in deep do do and basically sweet FA.

 

Given that AIC outright refused to go back to MBNA and ask what was required to do a deal I have a sneaky suspision that the letter sent to AIC never got passed to MBNA given what I have also read about them.

 

My mate said the Monkey on the other end was prepared do a deal but not for the £****.00 offered so he said SEE YA and hung up. That must of really p*ssed him off.

 

Makes me wonder if somebody was looking for a bumper Xmas bonus.

 

Thanks

Scrapper Coco 8-)

[SOD'EM]

A CCA request is the obvious way to go for now (to AIC), that will sort some time out. I would also request a copy of the Deed Of Assignment giving AIC the right to try and recover any debt.

[Scrapper]

Hi Sodem

 

Thanks for the advice.

 

I have the template for the CCA request but is there one for Notice of assignment as I can't seem to locate one.

 

Thanks

Scrapper Coco 8-)

[SOD'EM]

You need something on the lines of this:

 

 

A letter when the account has been passed to another debt collection agency/or from a bank/financial organisation/credit provider TO a debt collection agency whilst the account is in dispute due to non compliance with an CCA agreement request.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

(original credit goes to 42man).

 

 

These are other template letters for you to take a look at also.

 

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

[Scrapper]

Cheers Sodem

 

Scrapper Coco 8-)

[Scrapper]

My mate received another threat letter today so I have sent this off for him if anyones interested

 

Dear Sirs

ACCOUNT IN DISPUTE

 

Thank you for your letter dated 29th November 2010 received 16th December 2010. Your comments have been duly noted.

 

I am once again somewhat confused as to WHY you are sending me threatening letters taking into account that once again you and your client have failed to comply with my legal request for information.

 

In your letter you clearly state that there is an offer of a partial settlement. When I spoke to your advisor on the 24th November 2010 he advised me that MBNA had disputed that the account was ever in dispute and turned down my offer of a partial settlement of £**** paid over ** months, and that, MBNA will take me to court and have never lost. I seriously beg to differ on that point. He also pointed out that MBNA are legally entitled to reconstruct any agreement for the purpose of enforcement. Please be my guest as upon entering court MBNA will have some serious explaining to do.

 

I am also concerned as to whether MBNA are even aware of the original letter I sent AIC as when speaking to your advisor I requested that he speak again with MBNA but he flatly refused point blank. MBNA were happy enough to accept my previous offer before they broke the agreement so WHY are they not willing to now.

 

Taking the above into account, and given that I have made it very clear from the outset that I am more than happy to attend court and state my case. Please commence with proceedings immediately as unless an agreement can be met on the said monies owed I will no longer enter into communication with AIC and will deal with MBNA directly. See attached A

 

On the 24th November I sent you a CCA requested recorded delivery which was signed for on the 26th November 2010 at your offices. As you are no doubt aware you have a legal requirement to supply me with the required information with 12+2 days of receiving any such request. It has now been 15 working days. Therefore you have committed an illegal act and are now in default of my request. This being the case once more this account is now once again in Serious Dispute.

 

While an account is in dispute you are forbidden from taking any legal steps to recover any said monies owed. See attached item B

 

On the 25th November I sent a request recorded delivery signed for on the 29th November for AIC to supply me with the Notice of Assignment which entitled AIC to collect on this said debt. Once again you have defaulted on my legal request. See attached D

 

On the 15th December I sent you an account in Dispute letter. See attached item C

 

I have serious concerns about your legal right to hold a credit licence as you have completely ignored every rule and regulation in place to protect consumers from the underhand way in which you act. You have totally ignored MY legitimate and legal requests for information and as such I shall be making an official complaint to the Office of Fair Trading, FOS and the FSA. You are not above the law.

 

I would also draw your attention the serious nature of the concerns the Office of Fair Trading have brought up concerning your client MBNA.

 

UK consumer watchdog the Office of Fair Trading has intervened with regards to the treatment struggling customers by the credit card giant MBNA.

 

I would request that you accept my offer of a good will payment and await your response.

 

If you feel you cannot accept this legitimate good will offer of payment then please cease all communication and start legal proceedings.

 

 

 

 

Thanks

Scrapper Coco 8-)

[Scrapper]

Afternoon

 

Yesterday my mate recieved his postal order back from AIC with a comp slip stating his request is being processed.

 

Not bad considering he sent the CCA request 44 days ago and MBNA still haven't sent his CCA request from Dec 2009.

 

Watch this space as I can see this getting extremely messy.

 

I just hope they back off given the amount of errors they have made along the way.

 

Thanks

Scrapper Coco 8-)

[Dotty50]

I would be surprised if you hear anything else from AIC, they will probably pass it on to another DCA or back to MBNA!

 

Makes you dizzy, doesn't it?!

[Scrapper]

Hi Dotty

 

It makes my blood boil considering I myself managed to do a short settlement no questions asked yet they seem to have messed up in a large way with my mate and in the process ruined his credit file.

 

Thanks

Scrapper Coco 8-)

[borisbeaver]

Why make it difficult for the DCA. Instead of saying 12+2 days in your letters, simply say 14 days. It's easier for them to work it out:madgrin:

[Dotty50]

Hi Dotty

 

It makes my blood boil considering I myself managed to do a short settlement no questions asked yet they seem to have messed up in a large way with my mate and in the process ruined his credit file.

 

Thanks

Scrapper Coco 8-)

 

It's called 'Treating Customers Fairly' ................NOT!

[Scrapper]

Afternoon,

 

Well my mate got an alert on his credit file on Friday to find that Cabot had proceeded to do a search on his file without his permission. This can only mean one thing, AIC passed it back to MBNA and MBNA have now passed it to yet another DCA.

 

What part are they not getting? The CCA is unenforcable full stop and the DN is completely invalid.

 

You would think that somebody would look at evertything that has taken place and thought to themselves this one is going to be very difficult to continue with given all the f**k ups MBNA made along the way.

 

We are not talking about they forgot just one thing, there are a whole cataloge of errors. CCA unenforceable, agreed settlement which MBNA didn't honor, Invalid Default sent 1 month after they had charged off and terminated the account the list goes on and on.

 

And he is still waiting for his CCA request to be completed 2 years on.

 

What a bunch of clowns, but you can bet your bottom dollar that Cabot will NOT pass this back and push for court action given what I have read about them on this and other forums.

 

Already prepared all the same letters, requests I did for AIC so here we go again.

 

So wish I'd never got involved.

 

Thanks

Scrapper Coco 8-)

[Dotty50]

http://www.oft.gov.uk/news-and-updates/press/2010/136-10

 

Hi Scrapper,

 

Are you aware of this?

[Scrapper]

http://www.oft.gov.uk/news-and-updates/press/2010/136-10

 

Hi Scrapper,

 

Are you aware of this?

 

Yes I'm aware thanks Dotty.

 

I used this in my last letter to AIC and have not heard a word except for them returning his postal order with a comp slip saying his request was being actioned.

 

Next thing Cabot search his credit file so I've advised him to contact the ICO (will be me doing it) and report them just so they are aware you are onto them and prepared.

 

Also told him to now report MBNA to ICO for failure to complay after nealy 2 years of asking and make a complaint to FOS and OFT with regards to selling the debt without first forefilling his legal request for information. There is also all the other stuff he can report them for as well. Not forefilling and agreement in writing for a short settlement, DN totally invalid and sent 1 month after they defaulted him anyway. The list goes on and on.

 

That should stop CAbot in their tracks for the moment, but from what I have been reading on here they won't go away without a serious fight. I can't believe they are taking people to court for Statue Barred debts and no CCA's and winning because DJ in thi country still don't fully understand the bloody law

 

Thanks

Scrapper Coco 8-)

[Scrapper]

I think it is also time for him to contact is local MP

[Scrapper]

Complaint to ICO has been sent with regards to Cabot.

 

Just need all the papers from my mate to send off a complaint to ICO, FOS & OFT about MBNA. Going to try and stop themin their tracks before they get moving on this.

 

Does anyone know if MBNA are allowed to sell the debt outright if they have failed to comply with legitmate requests for information?

 

The thing that concerns me is that Cabot are bound to put another Default on his credit file under their name. Can there be 2 defaults for the same debt fromdiferent parties?

 

Thanks

Scrapper Coco 8-)

Edited February 8, 2011 by Scrapper

[Scrapper]

Hi All

 

Well it's been nearly a year since my mate heard anything and today in the post a nice letter from MBNA assigning the account to ARROW GLOBAL and to make all payments to Wescott.

 

He's sent an SAR today as there's bound to be loads of charges since he's had the account dating back to 1998.

 

What should he do with regards to this assignment as MBNA still haven't supplied the CCA he requested nearly 3 years ago but have passed it from one DCA to another.

 

Much appreciated as always

 

Thanks

Scrapper Coco

[Scrapper]

And there's the little matter of being offered a full & final by MBNA then defaulting and terminating the account before the final payment date

 

Thanks

Scrapper Coco

[Scrapper]

Bump

[Dotty50]

Hi Scrapper,

 

Wait and see what they cough up in the SAR and get claiming any charges etc.

 

Your mates not alone, this has happened to many on here!

[Scrapper]

Hi Dotty

 

Thanks for the info. I have been looking around the forum and you are right. MBNA have been very busy assigning old accounts. Perhaps they are having a spring clean before the new tax year. Always good to keep your house in order. Shame they didn't keep the CCA's in order LOL

 

I'm hoping that given the age of his account there are going to lots of charges dating back a few years.

 

Correct me if I'm wrong but I downloaded the spreadsheet for calculating compound interest and for example if he was charged £35 late fee back in 2000 that works out to £1276.42 with interest. Is that correct?

 

The reason I ask is that I myself have requested statements for my Barclaycard and asked for them dating back to when the account was opened (1992) and I know for a fact that I was always getting stung for over limit and late fees etc. This could amount to thousands of pounds effectively wiping out the debt completely. Or am I getting this wrong?

 

Thanks as always

 

Scrapper Coco

[Scrapper]

Evening all,

 

This is very confusing. My mates debt assigned to Arrow Global and this evening he got a credit alert and take a look at this.

 

http://i420.photobucket.com/albums/pp284/djackson29/ArrowGlobalCRA.png

 

Either they have looked and the file and given up the chase given what MBNA did in an underhand way or something else is going on here. Any ideas

 

The day it says settled 30/10/09 is the date he called to make the full & final payment as per the agreement in writing he had. If this is the case then the default they added must be unlawful as well?

 

Thanks

Scrapper Coco

Edited February 15, 2012 by Scrapper