Michaelangelo's thread

[dadofholly]

If the account was sold to them - did you recieve a notice of assignment.

[Michelangelo48]

Yes rec'd NoA in March with termination letter and letter of re-sale to Idem in one set of corresp.! But Idem will just argue they have received no paperwork/agreement/ written statement of acc./ statements! And only have a new acc. No and alleged opening balance -And Mbna conversely that they don't Own the debt anymore- as they sold it to Idem in March 2012 and now don't have to supply this post contract data in spite of EUCD 43Reg36.16 "Assignment of rights"- "rights duties and obligations of original creditors"! How useful is S.189 CCA 74 AOR HERE AND S.14 on Fairness !

[dadofholly]

Then you need to send an SAR to MBNA - they will have to send you a copy of everything they have.

 

Idem are talking nonsense - They have purchased the original agreement - and it is only that agreement that is relevant.

 

You need to send them a formal CCA request.

[Michelangelo48]

HI D. -Update- draft OFT. FSA,

[dadofholly]

Good - but dont forget to the send the SAR and CCA request too.

[Michelangelo48]

Their errors are compounded by issuing 2 defaults(In June 2010)-after Santander sending 2 payments to the wrong bank accounts and annotating my credit file accordingly! They had to refund the defaults-shown on my 7th June 2010 statements- I do keep them all and file them for reference purposes..!! No written apology either!

[Michelangelo48]

Can Mbna offer an F and F-one working day before selling the account to a DCA?

[dadofholly]

s far as i am aware there is nothing to stop them - but dont see the point in them doing so. there is nothing to stop them selling the account any time they liked.

[Michelangelo48]

I Have just received a "final response" from MBNA's vice-president Gail Powell to my complaints. They must have felt inundated and they have tried to lump them into one complaint and screen out the later letters which feature the help i have had from CAG. i have found a lot of additional evidence to do with late evening and weekend phone calls sometimes 4 and 5 times per day combined with harassing letters sent to me by Indian DCAs Global Vantedge and Aegis Ltd and MBNA in Nov 2009 and mid 2010. I have also found statements and info relating to the fact that the defaults were due to santander using wrong bank account numbers and therefore issuing payments incorrectly which were sent to somebody elses accounts and St. Andrews insurance issuing payments late without just cause when i wasnt working but had provided them with all the state benefits information/work related job searches I had completed 13 days before payment was required on nov 2009! In March 2012 at the request of an -mbna staff member at their Chester CAO office- I was required to provide documentation and proof of dhss late payments which left me in acute fiancial hardship and with no money to live on never mind find 28 quid per month to service a non-priority debt. This govt error in not issuing JSA payments on time caused me to miss 2 consequetive payments and the account to be terminated and resold to Idem in March 2012! .MBNA rather cheekily suggest I talk to Experian. Call credit and .Equifax and issue a notiice of correction 200 words max to correct the problem that I didnt cause. conveniently they say they cant find a call recording with a manager on the 7th March 2012 which highlights several key Issues. They advise me to ring Idem- Surely they have to properly investigate concerns of Harassment, coercion use of undue presure "can you borrow from family realtives or friends" and "have you any assets" and right through to threatening behaviour eg "pay up or else face repossession of your goods very aggressive debt recovery and legal action through our debt recovery specialist agents that we use wjere you liv e"! have MBNA never heard of CPUTR 2008 Reg 3,5,6, 7 and Sch. 1 thereby abdicating their rights,as the OC ? MBMA have advised that I ring Idem- a fatal error! can MBNA ask for a copy of my passport or driving license with a SAR request form- they issued pre emptively with their final response! All help appreciated!

[dadofholly]

You do not have to give them any evidence that they ask for. Update your complaint with the OFT and send copies what they have sent you - don't forget to mention the content of the phone calls etc.

 

Did you send Idem a CCA request?

[Michelangelo48]

HI D!.should I also send a complaint to tthje FSA! thanks D! I thought by refuting the so called evidence that MBNA have issued in theiir final response they would know that I dont agree with their ruling and have serious concerns with the repeated telephone and written harassment, coercion, breach of duty of care, changing the contract to extort and misappropriate my JSA benefits through threat of repo and very agggressive debt recovery practices and legal action Althougth this does show my hand and lets them know what im sending to the fos and oft in advance! M,

[dadofholly]

Why worry about them knowing in advance you intend to complain?

 

MBNA no longer own your account so why concentrate on them? - they have issued a final response so forward it to the OFT.

 

But this is not your pressing issue - the issue is can the current owners of your account provide details of the agreement.

 

So have you sent a CCA request? and if so what is their response?

[Michelangelo48]

URGENT HELP requiredtI have just had a letter in from Arden Credit Management, the collections Agent for Idem Servicing today at 12.30pm! it reads as follows..."We have not received the required payment on yout account Your account will now be transferred our appointed agents,Arden Credit Management, who will contact you to discuss repayment of the outstanding balance.To make an immediate payment towards your account please call 0800 375 797.,,,If you have any concerns regarding your financial situation, we would recommend that you seek free impartial advice from the CAB, or from the CCCS, available on 08001381111 " The letter is dated 9th May 2012, the date my next payment to MBNA was due. All of this has really upset both myself and my partner, since Idem have had 2 holding letters sent to them at least 4 weeks ago by my representative, and have ignored the CAB to do this .Why have they by-passed the CAB who had written to them and are my representative to do this! I Really NEED some urgent help here! Many thanks M.

[Michelangelo48]

I have still to send a S77.78 CCA Request to Idem to see if they can enforce the debt. However I am worried and dont want to annoy Idem in case they turn nasty! My partner and I could not cope with legal action. She is on Incapacity Benefit and we are both in Acute Financial Hardship!

[Michelangelo48]

can Arden refuse to accept one per month per account as a token payment! I am on sate benefits and cannot pay more and I am in long term extreme financial hardship! It seems that Arden aquired a CC license last year! are they governed by the OFT and the same rules as a bank?

[mikey130]

Hi Michaelangelo, we were kinda coreesponding through my and victorias thread the other day "both in same boat" take a look at those threads you'll see i cca'd ARDEN CREDIT MANAGEMENT and then disputed account when no response they have now admitted they have no paperwork from MBNA, get your cca done and take charge of your situation don't even send token payments till they prove its your account and all the paperwork is in order.

 

Mikey 130

[dadofholly]

Your priority is to get that CCA sent off - and quick.

 

Don't worry about annoying them - fighting back is the only solution - it is not fighting back that makes them come after you more.

 

If they can not produce that CCA - and i dont think they can - then they can not enforce the debt.

 

When did arden take over your agreement? and did you recieve a notice of assignment?

 

They have to accept what you can afford - end of.

[dadofholly]

Good advice from Mikey - same as i have been giving you for ages now - spend £1 on a CCA and save yourself a lot of hassle.

[Michelangelo48]

hi Mikey and DH! It would be nice to get a mass class action going or a Civil Action and expose these people for what they really are! what a grubby business debt collection really is and what parasites these people really are! Have they no conscience! Thanks Again Guys! Arden have not said WHEN they took over the debt-or at what stage or given any dates or Notification! I did not receive an NOA from Idem! All very fishy!!! will write CCA Asap and send it to Arden like you suggest Mikey! I Get the sequence now! S77.S78/ CCA 74 first of All! Cheers Again.

[dadofholly]

With no notice of assignment they can not take action against you as the creditor. Are you sure they say they purchased the account - what date of sale is there in the SAR you recieved.

[mikey130]

ARDEN are the same people as IDEM all part of PARGON GROUP so no NOA needed just cca them wait 12 plus 2 days and then dispute them trust me they shut up sit up and take notice and that puts you in controll and its a great feeling

good luck.

mikey

[dadofholly]

ARDEN are the same people as IDEM all part of PARGON GROUP so no NOA needed just cca them wait 12 plus 2 days and then dispute them trust me they shut up sit up and take notice and that puts you in controll and its a great feeling

good luck.

mikey

 

Are they the same registered company using a different trading name? If not, and they are seperate legal entity's then they do need an NOA

[dadofholly]

When was this account actually sold to Idem - and did you recieve a notice of assignment?

 

The info on when your account was sold by MBNA should be in the info from the SAR. Or in the original letter from Idem.

Edited May 13, 2012 by dadofholly

[dadofholly]

ARDEN are the same people as IDEM all part of PARGON GROUP so no NOA needed just cca them wait 12 plus 2 days and then dispute them trust me they shut up sit up and take notice and that puts you in controll and its a great feeling

good luck.

mikey

 

Have just read back through the thread - Arden do not need to send an NOA as they are not claiming to own the debt - only collecting for Idem.

 

But the sale between MBNA and Idem did need an NOA.

[Michelangelo48]

hi guys! thanls for the help and very speedy response!!! Am I right that Idem are an absolute creditor as defined by S.187 of the CCA 1974 and have purchased rights AND and duties under S.189 "AoR". Would I be able to get link get a cca template letter as Im on my phone! the NOA from Idem I got Wasnt the clearest and was merely a statement on one of their letters,I did get something in early march 2012! I have two accounts with MBNA _Idem so is it two £1,00 postal orders to Idem? or one 2quid postal order! Are these made out to/sent to Idem Servicing or Arden Crediit Management.! can they be sent in one envelope via recorded delivery to stop one potentially getting lost in the post! I only got one notiification from Arden on the larger account! Presumably the other letter indicating the passing of the Accounts to Arden. will arrive on Monday (if it hassnt been lost in the post), Or they didnt bother sending details of the second account to me! thanks again Guys!