MBNA/ Drydens Fraud on my account now claim form

[madi]

Hi im new here so i dont really understand alot of the things on here, firstly i applied for an mbna card some time in 2009 whilst at work however recieved a text message saying call us as they needed more information.

 

A few weeks later although i didnt call they sent me messages saying please call to activate your card once you recieve your card. At this point i was like hmm as i didnt ring them up before so it seems like they just accepted me after all. I called up and told them i hadnt recieved the card and they seemed surprised but they said they would send another one out etc.

 

Anyways 2 months later i get a statement for about 1500, i rang up MBNA and told them that i hadnt recieved the card and what the balance was for. They advised me that they had a picture of my doorstep and a signature from the person that signed for it, both of which i asked for but didnt recieve.

 

i started getting letters, calls and all sorts of weird and wonderful conversations. I finally decided to stop talking to MBNA as a senior advisor blatently lied to me about recieving an emial from my own personal university email which was impossible and i have proof of this to.

 

In the end they just put a default on my name, ive asked to be taken to court but they refuse, i am now being chased by ageis however they really aren't bothered and don't pester me too much to be honest. Also MBNA wrote to me stating on the basis of probability they cant say this is fraud or not etc. Also the fraud was on the card and on some cheques they has sent out which i didnt ask for. I dont know how the card was verified or acivated but they said someone had called many times and they believe it to be me. Ive asked for the recordings, and asked them to look at the signatures,cameras etc but they arent bothered one bit.

 

i want to write to them to ask for all the details they have about me, I did the apllication over the internet and did not sign for anything. I dont understand what the cca, dn etc etc is Can someone please explain this.

 

I dont know where i stand or what to do but one thing is for sure, getting a job is proving way to difficult due to the default.

 

Any help would be greatly appreciated

 

Thanks in Advance

 

xx

[Durkin]

I know how bad a default can be.

 

I'd invest about £40 in a small claim for £5000 in general damages to credit due to a negligent misstatement.

 

It'll be the quickest way to get MBNA to listen.

 

It seems like you're the victim of fraud but that shouldn't inspire MBNA to ruin your life.

 

If they think you owe them money they should sue you; not bully you into paying money that you don't owe. They're evil.

 

In your local court, there should be some in court advisors to help you.

 

Good luck.

[madi]

Hi thanks for the reply, ive always had a job in the financial sector but now i cant get anything at all because of the default. I be honest at interviews but even then they say they cant break company policies, if you fail credit check you cant work

 

I just got to get a move on as i cant wait 6 years to repair my credit. Any help and suggestions appreciated

[Durkin]

Get a small claim in today. It's the quickest way. There's an exemption form the clerk of the court will give you if you can't afford the £40 ish. Otherwise, you'll need to get advice from Citizens advice bureau (CAB).

 

In that case you should phone to make an appointment (ask for a legal advisor) otherwise you could be sat there all day.

 

Meanwhile, I'm fighting to pevent these muppets defaulting disputed accounts. If they're not willing to take you to court, it seems like extortion.

 

Just do it. You may well get £5K!

[ticson]

hi.been through the same with mbna. i have a pre-hearing on 1st april at my local county court. I will keep you posted as I know how you feel.It took me over 14 months to get default removed after alleged debt was sold to DCA. I took them to court and won. I am taking mbna to court for compensation but their defence is prove this, prove that etc. Its a joke

[madi]

Hi people, after 5 years and 10 months one of DCA Drydens has decided to issue a CCJ against me for a debt that was supposedly owed to MBNA.

 

I have spoken to all the DCA and asked them to provide CCA and all the information they hold about me yet til date nothing has come through.

 

 

As it has been 5 years and approx 10 months im thinking they want to get the CCJ in so i cant do a statute barred. At this moment in time im confused as what to do. If i go court i have a very good chance of winning but whats my options- whats the best thing to do.

 

Any help will be appreciated?

[madi]

any help appreciated

[theoldrouge]

Have you received a claim form,if so what is the issue date?

[madi]

i received it today

 

issue date is 17th July.. i have also contacted the FSA they have sent a letter to both MBNA and Drydens today. I have also sent a SAR request to both drydens and MBNA today hoping to either stall them for them to take me to court where i can speak rather than having to put my defense in writing.

[theoldrouge]

As claim has been issued moving thread to Financial Legal Issues

[madi]

ok appreciate that.

[theoldrouge]

Very unusual circumstances, so bringing to attention of other SiteTeam for input

[madi]

bit quiet in here.

[theoldrouge]

All SiteTeam are volunteers and have jobs and commitments , your post will be dealt with as soon as

 

possible.

 

There are standard procedures for dealing with court claims but

 

as you are stating that the card has been obtained and used fraudulently

 

further input is required

[Ganymede]

Ok so you did actually apply for the card?

 

Are you saying then that someone else in your house signed for the delivery of this card and used it behind your back?

 

Did the statement of not tell you what was purchased?

[AndyOrch]

Threads merged (for history) and thread re titled.

 

If you could read the following link and the copy and post your responses here....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[madi]

Name of the Claimant ? Arrow Global

Date of issue – 17 July 2015

What is the claim for – the reason they have issued the claim?

 

1. Sum of £3500 in respect to monies owed on a credit agreement held by the defendent with MBNA acc number xxxxxxx which the defendent failed to maintain payments.

 

2. A default notice was served upon the defendent and has not been complied with.

 

3. By virtue of a sale agreement between MBNA and the claimant, the claim vested in the claimant who has a genuine commercial interest. The defendent has been notified of the assignment by letter. Contact Drydensfairfax solicitors on 01138233850

What is the value of the claim? 3500

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? AFTER 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim . Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No did not recieve any assignment or transfer etc

Did you receive a Default Notice from the original creditor?

Yes and it also shows with the new DCA too.

Default with MBNA and Arrow global same date though just duplicate

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? I never made a payment

What was the date of your last payment? Never made a payment

Was there a dispute with the original creditor that remains unresolved?

Not sure, but the MBNA were telling lies in order for me to pay a balance that wasnt mine

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? NOPE i did tell them the debt wasnt mine

[dx100uk]

ack the claim on mcol

defend all

leave juris unticked

 

 

get a

cca request running to the claimant

and a CPR to the sols.

 

 

shame you never got help before

an were advised to send an sar

ideally you want those pictures.

 

 

dx

[madi]

I will send off another SAR and a CCA today recorded delivery today.

 

Can you explain what Mcol etc is as i am not up to date with all this Jargon/terminology

 

 

Thanks

[dx100uk]

on the claimform it mentions mcol website

 

 

goto there

register/create a new individual user

note the long number.

 

 

then using those details log in to mcol

 

 

repond to a claim

select AOS [ack a claim]

then using the required details from the claimform

[password is at the end of the info box]

 

 

ack [aos] the claim

 

 

defend all

leave juris unticked

 

 

exit mcol

 

 

CCA request

to the claimant [read the whole thread first!!]

 

 

cpr 31;14 from the legal section of the library tab

to the sols.

 

 

as for the SAR

it might not be back in time

but worthy sending in your instance

again read the whole of the thread of the SAR

 

 

dx

[madi]

sorry to sound silly. I have registered and on the main screen i believe.

 

I can now start AOS

 

Or Start Defense

 

or

 

Start Part admission

 

Im unsure which one to tick.. What is the 14 day and 28 day thing about..

 

Thanks for the help

[madi]

sorry i was being very silly.. I have now completed the AOS and gone through and ticked the relevant things and left the ones unticked as stated to do so in your previous message.

 

CAn i ask what the next process is, i will of course be completing the CCA etc as you mentioned.

 

Many Thanks

[dx100uk]

CCA CPR and read around now

 

 

just don't forget you defence filing deadline..

[madi]

cheers its great to know there are people out there who really help each other! APPRECIATE EVERYTHING!