@mbna moorcroft now Arden, & old abbey/mbna credit card + reclaiming

[citizenB]

you can establish if Arden do actually own the debt by sending them the letter attached - suitably amended.

 

 

Draft request for assignment - Amended Draft.pdf

[ro284]

Thasnkyou dx , CitizenB,

 

i have tried to register with NODDLE. but no success after 2 attemps so something wrong there,

i have sent them an email, So perhaps,

 

Draft request for assignment - Amended Draft.pdf will get the matter sorted,

i guess this is the very first thing to do, much as i would like to send letten N and 'no home visits letter etc,

i may be over-reacting to these threats!

 

Although they say they own the dept i do not trust them, in the meantime

i am continuing to pay mbna,the agreed amount,and which is reducing the amount.

 

but who have not themselves made any contact re assingnment, Thankyou ro

[ro284]

the monthly rate for card purchase, cheque, money and balance transfers. cash is 2.5292% ((and * that monthly apr by 12 dx)) .I make that 30.3504%, is that right? and what should i do with it please? is that the amount i should claim back? with my first claim i charged 7%. bit of a mystery to me! thanks Ro

[dx100uk]

credit card ppi's area t their rate compounded

 

loan ppi's are at 8% stat because you have already inc int in the PPI PCM and it is not compounded either.

 

dx

[ro284]

Thankyou dx,

looking deeper,

 

We have only just realised that when we SAR'd MBNA,

We only got statements from 04.

in fact this account was originally with Abbey then Abbey National, All MBNA, or thier responsibility, i believe,

We have the original very tiny print! agreement fromJune 02,

(no mention of PPI but the amounts were taken anyway!

 

however their reply to SAR.

only goes back to August 04,

we have nearly all the statements for those 2 years,

would mbna be trying to avoid including this,

or have they not sent details because even though it was them it comes under the name Abbey!

 

l would you say they have not complied with the SAR?

 

any advice gratefully recieved, Ro

[dx100uk]

prob all they had

dont forget 6yrs limit too.

 

dxd

[ro284]

Thankyou Citizen B,Just an update!

 

i sent off this letter ( Draft request for assignment - Amended Draft.pdf)

and also one telling them to stop phoning as i will not discuss finance over the phone,

 

everthing stopped for a couple of weeks,

 

They have not sent proof they own the debt!

 

nothing in writing at all,

 

However they have started phoning again,

 

which i do not answer!

 

Regards Ro

[ro284]

Another update,

 

It appears obvious they do not have proof that they own the debt!

 

they sent a nicer letter today suggesting that they will come to some payment arrangement to suit us!

 

However i feel that is just a trap, to agree to use thier own account number,

and as soon as we do that, we would be in the mire again,

simply by agreeing to do so!

 

i think i will send another request for proof of assignment! any thoughts appreciated,

 

Thanks Ro

[dx100uk]

there you go as expected.

 

dx

[victoria_siempre]

Hi ro

 

I always send the following; Arden have no paperwork, merely a list of account balances to which they assign their contrived account number.

 

43 Regulation 36 of the EU Directive Regulations.

16. ASSIGNMENT OF RIGHTS

here any rights of a creditor under a consumer credit agreement (for example the right to be repaid the money) are sold or transferred to a third party, notice of that assignment must be given to the borrower as soon as reasonably possible, except in the circumstances described below. This requirement applies to all regulated consumer credit agreements other than agreements secured on land. This requirement is in new section 82A of the CCA43.

 

t is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

 

otice does not have to be given where arrangements for servicing the credit are unchanged as far as the borrower is concerned. For example, if Creditor A sells his rights under a credit agreement to Creditor B but Creditor A still collects the borrower’s repayments in the same way and is the only point of contact for the borrower on matters regarding the agreement, notice does not have to be given.

 

here notice has not been given, and arrangements for servicing the credit do subsequently change, the borrower must be informed of the assignment on or before the date that change happens. Again, this must be readily comprehensible to the borrower.

 

The definition of “creditor” in section 189 of the CCA applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

71

 

 

x

 

v

[ro284]

Thankyou very much for that V, While i will try and take that on board, in the meantime, they may have appeared less agressive yesterday, today they have sent a final demand! regards Ro

[dx100uk]

big deal!

 

dx

[victoria_siempre]

Hi again ro

 

I've received a xxxxx/DM/2NAB from them; "This is an extremely urgent matter and one you should not ignore".

 

And Mr Bond is "...very concerned that I have not taken steps to to address the outstanding balance...

 

I always reply by email to acknowledge that I have reported their communications:

 

'vic: Aren't you in the wrong room, Mr. Bond?

Bond: Not from where I'm standing.'

 

 

I'm not entirely sure of its meaning as I'm similarly confused by Diamond Bob's £30,000,000 reward for resigning; I suppose talons must be rewarded.

 

 

x

 

 

v

[ro284]

Well still no sign of any proof arden own this account!

 

 

Any advice on what to do next please?

 

 

i notice that both letters were posted on the same day!

 

 

I would have thought they should prove that they do in fact own the account they have applied a different account no to!

 

 

They appear to be trying to intimidate us into paying without proof they own it!

 

 

I would hope that we could just continue paying mbna the token payment, suggested by CCCS,

i am tempted to send another letter asking them to prove they do in fact own own it Thankyou Ro

Edited July 6, 2012 by ro284

[victoria_siempre]

Hi ro

 

Continuing a token payment to the OC as advised by CCCS is a safe thing to do and minimises any risk of court action.

 

I took a contrary view that I should not continue payments to an entity that had sold the account given that continued tokens would adversely affect my CRF in perpetuity; it might be prudent to keep all options open by continuing payment to Bank of Yanks (who say they have sold account) whilst demanding proof from Arden (who say they own it) who must comply with your rights under CCA and other laws.

 

x

 

v

[ro284]

Thankyou so much for your reply V much appreciated, regards Ro

[citizenB]

ro - so they have not responded to the letter from post # 26 confirming if they are the owner of the account by assignment ?

 

If you wish, you can send them a quick note saying something along the lines of...

 

Dear Sir,

 

ACCOUNT REFERENCES.

 

I note you have failed to respond to my letter dated XXX

 

I enclose a copy for your ease of reference, I look forward to your early reply.

 

Yours..

 

PRINT OR DIGITALLY SIGN.

[ro284]

Thankyou very much citizenB,

 

No they have appear to have ignored that letter, so i will send It again, They appear to be a bit confused!

 

sending 2 letters with the same date,

 

one suggesting that they will accept any offer i care to make!

(which to me appears that if i do so, that i am accepting thier Account No! from which i feel there would be no going back! )

 

The other a final demand!

 

I will continue to pay my payment to MBNA. and see what they come back with.

 

thanks.regards

 

Ro

[Sappho54]

dx100uk

I can see where you are coming from, but I think you have missed the point.

 

Clearly there is no dispute that money is owing to MBNA - it is whether or not it is lawfully owed to Arden.

 

If Arden cannot or will not send a copy of the original agreement and also cannot or will not produce the letter of administration

that links them to MBNA whether or not it is via another company,

and if there is any doubt whatsoever who owns the debt now,

then Arden should be told to naff off.

 

Because without these documents no court will entertain an application from them on the debt.

 

How can they go before a judge if they cannot prove they have any right to the money?

 

Mind you, I am not saying they haven't, but their way of carrying on which is by endlessly ringing up and harassing and making threats, is very upsetting and unhelpful.

[dx100uk]

well as the op has yet to get his cra file

 

we'll never know.....

 

dx

[victoria_siempre]

Hi ro

 

I too am 'dealing' with Arden.

 

It makes sense to get a CRF notwithstanding that this does not prove legal ownership or enforceability.

 

I have talked at length to Arden (all recorded) who have sod all in the way of documentation; I have told them I might respond once MBNA have responded to me.

 

Meanwhile, store your grain (all letters, stapled to envelopes, 'phone calls transcripts) and prepare for war (a CC claim issued to a previous address). I am not an expert and have no magic bullet; I can only give an insight into what I actually do in similar circumstances.

 

x

 

v

 

PS They have ceased all 'phone calls, and to be fair, have called me precisely once; I on the other hand, have called them 176 times; their letters become increasingly bizarre, at times I wonder which of us is sane.

[ro284]

Thankyou for your reply Victoria, folks.

 

i apologise for holding up the thread, i just can't handle it at the moment!

 

no matter how hard i kick myself, i just cant seem to cope with it,

 

I was ripped off by the banks and I/R. for many years, being S/E they caused the problems,

 

i have to now try and sort it out! and i get people like arden to deal with!

i have never phoned them!

they have in fact stopped phoning me altogether!

 

but i also had two rather confused letters, a few weeks ago now,

 

however i have the view, that if the adder appears to be dead!

still best not touch it!

 

Sadly i cannot cope with PPI reclaims at the moment either,

i may have to sell my home, and may need further councelling!

 

Oh the joys of being S/E, all my working life!

 

and now being retired!

 

Regards Ro

[victoria_siempre]

Hi Ro

 

I too have been suckered by the Slough of Despair; but that is of course what they want, and I'm not into BDSM to give them what they want.

 

1. Do the PPI claims

2. Get your CRFs - see DX's signature

3. Start a proper filing system; but I agree, there's no need to poke an adder's nest - I just do it out of mischievousness.

 

The only way they'll get your house is if you sit on your arse in self-indulgent pity.

 

Lots of love

 

vic

[ro284]

Thankyou you for that Vic, I.m back again, after a bit of a breakdown,

 

also my pc packing up along with the printer, i am hoping to get back to sorting things out,

 

Just to update recent events,

 

Arden have apparently given up, possibly because i continued to pay MBNA and refused to pay them,

and they passed my case on to Arrow Global,

 

l still plan to pay to MBNA,

 

The reason being, it was MBNA who took some of my income from my small business, by way of mis sold PPI,

that money would have been re-vested in my business.

 

However Because of thier actions i am now the one with a poor credit rating!

 

They should pay me back my money,

 

From Mis-sold PPI, to enable me to pay them back for the damage they have done to my business!

 

Therefore i will tell Arrow Global the account is in dispute with MBNA!

 

ps. i am trying to get my thinking back on track, it is taking time, i would be gratefull for any input or advise please,Regards Ro

[ro284]

So sorry for not updating thread,!

 

 

i had to beg and borrow to get another PC!

 

 

To bring this up to date,

 

 

my health has gone futher downhill.

 

 

However this matter was apparently passed on to Arrow Global in Guernsey,

who have now got Wilkin chapman solicitors to write to me stating a large amount!

 

 

has been assigned to britanica recoveries!

but also states our client would like to work with me to agree an affordable repayment plan

to avoid the issue of legal proceedings!

 

 

We have been paying the original company MBNA.

on a regular basis as suggested by CCCS and

have not missed a payment!

 

 

They are closing in again,

 

 

Any advice please?

 

 

very gratefull, Ro