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MBNA/marlins - now Arrows

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They are know to shred everything older than 6 years so you need to act swiftly.

 

I've asked this before and I can't remember what the answer was. If information relating to an account is shredded when it becomes more than 6 years old, how can anyone prove what the balance was at 6 years - 1 day?


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travis - it is your legal right to have all communication in writing.

 

I think it is necessary that we have a little thing about what to say/ write to MFS/Optima - I believe it is important that they are made aware (although they should already know) that you will only conduct your financial business in writing and that you have a payment arrangement in place. That they are to provide you immediately in writing with any new bank details that are applicable.

 

This first letter should almost certainly be sent by either recorded or special delivery.


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Irrespective of shredding originals, it should be stored on microfiche or similar.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

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travis - it is your legal right to have all communication in writing.

 

I think it is necessary that we have a little thing about what to say/ write to MFS/Optima - I believe it is important that they are made aware (although they should already know) that you will only conduct your financial business in writing and that you have a payment arrangement in place. That they are to provide you immediately in writing with any new bank details that are applicable.

 

This first letter should almost certainly be sent by either recorded or special delivery.

 

I have no payment agreement in place. When I originally disputed the account MBNA passed it over to optima who hassled me for a while and then offered a settlement figure of 10 % which I declined. I never heard from them again.

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If they offered a settlement, then the debt is bogus, and probably laden with charges/interest. It's possible its simply unenforceable.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Hey all,

 

Sorry to resurrect this one but I could really do with a bit of advice if at all possible.

 

I never heard anything else from MSF Portfolio, but approx 12 months ago I got a letter informing me that Arrow Global had bought the account. I then heard nothing until about 3 months ago when AG wrote telling me they had assigned a solictor to handle the account.

 

A month ago I got another letter saying that they've passed it to another solicitor.

 

I received a letter just before Christmas from the new solicitor asking me to contact them (which I didn't) then another letter this week which I will attach to this post.

 

Any thoughts on how to approach this would be very much appreciated.

 

letter here [ATTACH]48575[/ATTACH]

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I apologise for starting another thread about this, but I thought it would be simpler if i condensed things a bit.

 

I'd be really grateful for any advice.

 

 

Anyhoo... to cut a long story short.

 

Old BOS credit card from 1994 was transfered to MBNA in 2004.

 

In 2009 I requested and received a copy of the original agreement. I then stopped making payments on the basis that the agreement was most likely duff.

agreement here

Since then the account has been transfered to several DCAs and debt purchasers who didn't even bother asking for any payment before passing it back to MBNA.

 

Just over a year ago it was sold to Arrow who have handed it to various solicitors who didn't bother contacting me.

 

Their most recent solicitor sent a letter at end of December 2013 asking me to contact them which I ignored.

 

They've now sent me a letter to the effect that if I don't offer some kind of arrangement they're taking it to court.

text of letter here

 

The last payment I made to the account was March 2009 so it's weeks away from being Stat Barred so I'm guessing this is why I've had this recent flurry of threats.

 

Anyone got any advice on the best way to go with it?

 

Thanks for looking.

bosccagreement.pdf

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Threads merged ...please do not start new threads on the same matter.

 

 

Regards

 

 

Andy


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Threads merged ...please do not start new threads on the same matter.

 

 

Regards

 

 

Andy

 

sorry andyorch.

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I am unable to read ur CCA in this small screen phone so can't comment, though I'd bet that an agreement so old may well be non-compliant. I hope someone else will check that out for you.

Certainly most old MBNA default notices failed to provide sufficient remedy time, so that could serve as back up for you to defeat any action brought.

I would call their bluff on that basis, though others may well disagree, since not every judge is impressed by technical errors.

But three things you've said puzzle me.

1 How do you know Arrow engaged solicitors if they did not write to you?

2 If DCAs didn't request payment, what on earth did they write about?

3 Debt purchasers returned the account to MBNA? Why? An assignee would not do this without a strong challenge from you.

Arrow sent, via DCAs or solicitors, a peculiar letter in Aug or Sep 2013 to people whose accounts were drawing towards SB. Did you get one? They've been hounding the recipients ever since, after a previous long lull. It smacks of panic following on from incompetence.

Don't forget that the solicitors they engage (eg Restons, Shoosmiths, Wilkins Chapman) are prone to exactly the same games of deceit as DCAs. The trick is to discern bluff from genuine intent.

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1 How do you know Arrow engaged solicitors if they did not write to you?

 

Arrow would drop the odd letter.

In their first contact they stated Optima were handling it, then they wrote again saying it was Scott Co and then just before Christmas they contacted me again stating another firm were handling it.

The last lot are the only ones who have contacted me.

 

2 If DCAs didn't request payment, what on earth did they write about?

 

They didn't. The only notifications I got were from MBNA.

 

3 Debt purchasers returned the account to MBNA? Why? An assignee would not do this without a strong challenge from you.

 

Strange I know but that's what happened. Here's the last letter from MBNA before they sold account to Arrow.

Edited by travisb

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Well all I can say is you've been lucky to have had so little hassle. Hope you survive the rough and tumble of arriving at SB unscathed.

You really do need someone to check your CCA.

Do you have the Default Notice?

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Well all I can say is you've been lucky to have had so little hassle. Hope you survive the rough and tumble of arriving at SB unscathed.

You really do need someone to check your CCA.

Do you have the Default Notice?

 

Yes mate. The default notice is dated Sept 2009 but the first missed payment was March.

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Arrow sent, via DCAs or solicitors, a peculiar letter in Aug or Sep 2013 to people whose accounts were drawing towards SB. Did you get one?

 

Do you mean the one with the tear off part at the bottom that you were supposed to sign and return if you didn't wish to be informed of any financial products that might be of interest?

 

Yes. I've got that. I assumed it was some desperate attempt to obtain a signature to be honest.

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Yes i do mean that letter. Not all were sent wage slips though. Some even had letter with a return address which although unidentified turned out to be Celerity in Kent(?). I think that was to people not in hands of a DCA at the time.

It was a highly deceitful attempt to make ppl get in touch or confir

m their current address.

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Yes i do mean that letter. Not all were sent wage slips though. Some even had letter with a return address which although unidentified turned out to be Celerity in Kent(?). I think that was to people not in hands of a DCA at the time.

It was a highly deceitful attempt to make ppl get in touch or confir

m their current address.

 

How do you mean wage slips Oleg?

 

I've still got the letter somewhere (i've still got everything somewhere).

I'll dig it out and have a look.

 

As I remember it was "blah blah ... we are commited to helping you pay off your debts... blah... we work in conjunction with partners who may be able to help you... blah blah... if you do not wish further info about this please complete and return the bit at the bottom"

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The gap between missed payment and DN is unfortunately the norm for MBNA and legally acceptable.

More important is that they usually did not allow sufficient remedy time. There are many other threads which mention this; worth a look . Many judges will not tolerate deficient DNs.

Hope someone with knowledge will look at ur CCA asap. Impossible for me with this phone. Sorry.

Edited by oleg

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I meant some people had tear-off wage slip style letters. Anyway, leave this, it's of no consequence now. I just found the tactic underhand.

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I meant some people had tear-off wage slip style letters. Anyway, leave this, it's of no consequence now. I just found the tactic underhand.

 

OK. Thanks Oleg.

 

I'm fairly sure i'll be using the shoddy CCA as defence if and when it goes to court.

I'm just unsure as to how I should respond to the last threat of court action.

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Personally, if I were sure the CCA or DN were dodgy I wouldn't respond, I'd take the risk, but I suspect most others here would respond. If they do go ahead, you can still drag out matters by submitting sight of their evidence by way of a CPR request BUT a claim would, if it succeeds, thwart your attempt to reach SB.

(I have to leave now . Hope others will pop in and help you. )

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Thanks for the replies Oleg.

 

I'm pretty sure the CCA is defective.

It doesn't automatically follow that Judge will agree though.

Edited by travisb

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A lot of action is now being taken on accounts approaching statute barred.

 

TBH, I am not sure what action you should be taking. Interesting that MFS Portfolio reassigned the account to MBNA in the early days. What occurred between you and them for that to happen ?

 

I think you need to ensure that you find all your paperwork, information you dont have should be obtained from MBNA by way of a Subject Access Request. Have a look at other MBNA threads where action has been taken by AG and have a game plan in place BEFORE they issue a claim.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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A lot of action is now being taken on accounts approaching statute barred.

 

TBH, I am not sure what action you should be taking. Interesting that MFS Portfolio reassigned the account to MBNA in the early days. What occurred between you and them for that to happen ?

 

I think you need to ensure that you find all your paperwork, information you dont have should be obtained from MBNA by way of a Subject Access Request. Have a look at other MBNA threads where action has been taken by AG and have a game plan in place BEFORE they issue a claim.

 

Nothing occurred at all.

 

Apart from initial letter stating they had aquired the account and another stating they had reassigned it to MBNA they made no contact whatsoever.

Edited by travisb

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Just to update.

 

On 14th Jan I wrote to the solicitors acting for AG stating I didn't acknowledge any debt and that any action they cared to raise would be contested. 2 days later they replied that they had put it on hold awaiting instructions from their client.

 

Heard nothing since.

 

Monday I got call (which i presume is in connection with AG) from someone claiming to be from Advants who did the 'confirm your details' stuff which I declined.

She said they had lettered me regarding this very serious matter. I told her I had received nothing and wouldn't be discussing anything with her.

 

Never heard of advantis so i'll await something in the post.

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Just to update.

 

On 14th Jan I wrote to the solicitors acting for AG stating I didn't acknowledge any debt and that any action they cared to raise would be contested. 2 days later they replied that they had put it on hold awaiting instructions from their client.

 

Heard nothing since.

 

Monday I got call (which i presume is in connection with AG) from someone claiming to be from Advants who did the 'confirm your details' stuff which I declined.

She said they had lettered me regarding this very serious matter. I told her I had received nothing and wouldn't be discussing anything with her.

 

Never heard of advantis so i'll await something in the post.

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