MBNA - sent CCA request got Debt Collector letters

[slippyhelen]

I have a debt with MBNA for £3000+

 

I was paying £65 per month and had got it down from about £8k over the years.

 

The people who regularly pester me decided £65 was suddenly not enough when it actual fact it had become too much.

 

So I sent them a CCA request and they sent back a copy of my initial application form.

 

Same with Barclays, only Barclays just sent a piece of paper with my old address on from 12 years ago and a big wadge of terms and conditions.

 

No signatures or anything really. I know things have changed since the Taylor case,

but still, it didn't seem like enough, so I sent them both letters (from templates on here) saying it was inadequate and that the accounts were in dispute.

 

that's when both of them sent letters - MBNA's was from Fredrickson and Barclays was from Mercers.

 

Can someone enlighten me as to what to do next? I feel a bit stuck.

 

Barclays, throughout all of this, call me between five and ten times a day, in spite of me asking them to just write. Thanks in advance

Edited October 10, 2011 by slippyhelen

[citizenB]

Right, well it looks like MBNA might have assigned the debt/account to Arrow Global and Fredericksons are part of that group.

 

Mercers are actually Barclays t/as Mercers.

 

In respect of Fredericksons, you just need write back and confirm that you are continuing to maintain the payment arrangements as agreed with MBNA and as your circumstances have not changed for the better you will be continuing as you have been. If your circumstances have altered such that you are unable to continue with the £65.00 then you must tell them that and confirm the new amount you are able to make.

 

In respect of Barclays/Mercers. There is a letter in the CAG library in respect of telephone harassment and that is what it amounts to from what you are saying. Send it to Barclays and hopefully the calls will stop. You should not respond to them on the telephone unless you have the facility to record the conversation. If you dont. Then just refuse to discuss your financial affairs on the phone. Politely tell them to go away and hang up. Do not confirm who you are, unless they are positive they are talking to the correct person, they should not continue with the call themselves.

[slippyhelen]

Thanks for that, but my question is really regarding the fact that I sent the CCA, got an unsatisfactory response and now they've just called in the collectors. What I would like advice about is the CCA process.

[citizenB]

Thanks for that, but my question is really regarding the fact that I sent the CCA, got an unsatisfactory response and now they've just called in the collectors. What I would like advice about is the CCA process.

 

This is a typical response from both these companies.

 

You need to respond to both by advising that you are concerned that their response to your CCA request was to unleash Debt Collectors. Remind them that after 12 working days + 2, they are in breach of your s78 request and as such you believe they account is now in dispute.

 

Sadly, this wont stop them. They have pushed button A and will continue with their nasty little game of "harassment".

 

There are no sanctions available for non compliance of the CCA request any more, thanks to the tinkering of parliament and enforcement has been defined by a High Court judge in that the Creditor can be as unpleasant as he pleases.. threatening letters, telephone calls, issuing of a Default Notice, reporting to the credit reference agencies.. they can even issue a county court claim. What they cannot do however, is obtain a judgment against you whilst in breach.. go figure !!

[slippyhelen]

Thank you so much. I feel less mental now.

[slippyhelen]

Hello all,

 

I received a demand from Reston's Solicitors for a debt to be repaid.

 

The creditor was Arrow Global.

 

I had sent a CCA letter to Arrow because the debt,

an MBNA debt was about £1k more than it was with MBNA

and also I was actually paying MBNA back (very slowly)

and was annoyed it's suddenly gone to this stage.

 

Arrow ignored me and set Rockwell's on me,

I sent them a CCA and then they set Reston's on me.

Sound confusing? It was.

 

now it's with Reston's so I sent them a CCA request letter using a template from here

and they sent it back to me saying it wasn't signed and they needed to know who they were dealing with.

 

I resent it with a cursory signature, slightly different from my own and they sent the whole thing back this morning,

including my postal order. I've attached their letter. Could anyone advise?

 

Thank you

Edited September 18, 2012 by slippyhelen

[slippyhelen]

If you cannot see the attchment the letter says 'Your request is returned to you because we are not the creditor we are a firm of solicitors'

...'there is no longer an 'agreement' as thisd was terminated when you failed to comply with the terms of the default notice issued to you by the bank. We refer you to the judgement of His Honour Judge Simon Brown QC in Rankine v American Express Services Europe Ltd.'

[AndyOrch]

Your upload is too small helen if you can convert to pdf and repost.

 

Regards

 

Andy

[slippyhelen]

Thank you - Have edited it.

[AndyOrch]

Restons are only Solicitors helen any request for a CCA should be to the creditor ie AG unless litigation has commenced and they were acting for AG.

 

The last para is pure fantasy irrespective if an agreement is terminated or not they are legally bound to comply with a request under sec77/78/79..be it defaulted /terminated or even wrote off as they must retain paperwork for at least 6 years after the end of any financial agreement.

 

Regards

 

Andy

[slippyhelen]

Hi Andy, thanks for the reply

- I sent them the CCA because MBNA responded by setting Rockwell's onto me,

 

I sent Rockwell's a CCA request and they responded saying they would deal with it with their client and then next letter was from Reston's.

 

They don't seem to be listening (surprise surprise)

and I don't know what to do.

 

Do you know if I should call them and set up a payment or what?

 

I wouldn't contact Rovkwell's but perhaps I should call these people.

 

I don't dispute that I owe MBNA money but I was paying it back and got the debt down to £3k and then this.

[catquest]

So Restons are still quoting the Rankine case ? It was clearly stated by the OFT that this was an obiter dictum

[dx100uk]

old & new threads mergd for you.

 

moved to MBNA forum.

 

what does your CRA file say about this debt

 

dx

[slippyhelen]

It says I defaulted in 2011 to Arrow Global

[dx100uk]

so arrow global have brought the debt then?

 

did you get a NoA

 

dx

[slippyhelen]

Hi - it went to Arrow, then Rockwell, then Reston's in the blink of a bat's eye. I never received a full response from the CCA requests, I just got bumped along. Also, while it was in dispute I was under the impression I should not be paying and so stopped accordingly and it was then registered as a default. what is a NoA?

[dx100uk]

notice of assignent.

 

if the default shows arrows name

 

then i bet MBNA are not mentioned anywhere either?

 

dx

[slippyhelen]

That's right

[dx100uk]

ok so its def been sold on a phishing list then.

 

i take it you were paying MBNA until when? a nominal amount?

 

how old is this card?

 

ever looked at firing off a n SAR to MBNA

 

as i bet you'll have stuff to reclaim.

 

oh and one last thing

 

NEVER EVER phone a DCA or their fake/tame solicitors.

 

dx

[slippyhelen]

The card was from 1998.

 

It all went pear-shaped around 2004 when I had my baby (baby great, debts less so).

 

I successfully claimed charges back from them in 2007.

 

Should I send them another SAR?

 

What worries me is that in the time they take to reply Reston's will have started a court case, since they do seem fairly sharky.

 

I was paying MBNA until I CCAd them and that was in July 2011

[dx100uk]

ever had a DN from MBNA

 

was it compliant, 90% of them with MBNA were not.

 

cant see why you should not SAR them again.

5yrs is a long time unless they've been sending regular statements and you have them from 2007?

 

dx

[slippyhelen]

I've not had a statement from them for years. They were always threatening default and I would phone and just keep paying and then it all stopped when I sent the CCA request. I will send them a SAR - should I let Reston's know I am sending them a SAR? Will that shut them up? Thank you so much for this, it's much appreciated.

[dx100uk]

they should be sending statements every month!

 

unless they terminated but they should still send etter than yearly ones.

 

something is beginning to smell here.

 

write to pestons

 

clearly state you consider the A/C now in serious dispute

that you are CCA'ing AG

and SAR'ing MBNA as you believe the bal conains PPI and PENALTY charges with regard to reclaiming.

 

dx

[slippyhelen]

OK I will. Thank you!

[slippyhelen]

Hi - I fired off a CCA to Arrow - Reston's had originally returned it to me saying it was unsigned, so I sent it again and they sent it back saying they were solicitors - anyway I got it back AGAIN from Arrow only it wasn't from Arrow it was from Friedrickson saying they were no longer responsible. WTF? And so I have sent it again to Arrow Global Relationship Manager. Presumably they will keep sending me my postal order and letter back until I am bankrupt from all the recorded delivery charges.