Drydensfairfax Arrow Global and MBNA

[scarydays]

Just need a quick piece of advice as waiting for a senior manager from MBNA to phone back.

 

I have a loan with them, and have been paying off an amount each month under an arrangement. I have missed a couple of payments, and received some letters etc.

 

I phoned on Friday to bring the payments up to date, gave a CC number to do this, which they took. They told me on the phone all was ok, now up to date.

 

Later that evening they left a message on my answer phone to appologise but that they didn't realise I was paying with a Credit Card, they only accept Debit cards. So I phoned on Saturday and paid by debit card.

 

They again confirmed that everything was ok.

 

I got a letter yesterday, dated 1st Feb saying, "our records indicate that you have defaulted on your reduced payment plan. Failure to repay the missed payment and subsequent payments will result in the registration of a default at the Credit Referece Agency and the eventual termination of the agreement" etc. etc.

 

I assumed, given the date, that it had just crossed in the system with my payment, but I thought as I had a spare moment today, I would just give them a call.

 

The girl on the phone was very appologetic and said that defaulted the account on 28th, it was now showing as a balance of Zero as they have sold the debt on.

 

WHAT?

 

I have requested to speak to a senior manager and one is due to call me back.

 

Where do I stand with this one, does anyone know?

 

Many thanks,

 

SD

[Docman]

Have you had a default notice served on you?

[diddydicky]

the first thing i would do is check how much money has been taken from your cc and dc

 

the second thing i would do is write to your bank and ensure that no fut=rther payments are made from your dc to this creditor

 

the third thing i would do is NEVER pay them in this way again- they now have your bank details- not a good thing

[scarydays]

Not been served with a default notice as far as I am aware.

[scarydays]

I sent a CCA request to AIC regarding an MBNA CC debt they are chasing me for. I today received a letter from them (returning my letter and my PO) stating that they are only acting on behalf of MBNA and that I should send my request directly to MBNA - and that they, AIC, would continue to contact me and will move on to further recovery action.

 

Do I just send a new CCA request to MBNA ? Should I respond at all to the AIC letter?

 

SD

[Series3]

I would have thought they should have passed it on...

did you get your £1 back or did they remind you to send another to mbna...they did that to me..well RMA did.

[scarydays]

Hi Series,

 

THey did actually send me back my PO which I have now sent on to MBNA with a new CCA request. I have also sent AIC an "Account in Dispute" letter just for good measure as they are over the 12+2 days.

 

SD

[dx100uk]

I sent a CCA request to AIC regarding an MBNA CC debt they are chasing me for. I today received a letter from them (returning my letter and my PO) stating that they are only acting on behalf of MBNA and that I should send my request directly to MBNA - and that they, AIC, would continue to contact me and will move on to further recovery action.

 

Do I just send a new CCA request to MBNA ? Should I respond at all to the AIC letter?

 

SD

 

garbage!

 

if they are chasing you, they need to have the correct docs!

 

after 12+2 days they fail.

 

send them the failure to comply letter if they dont play ball.

 

dx

[diddydicky]

if they are acting on behalf of mbna they have a duty to pass the request on to mbna and not return it to you

 

they are in breach of oft guidelines and you should report them and suggest their licence be restricted until such time as they comply with OFT guidelines

 

the time starts for compliance by mbna when it was received by their "agent"

[scarydays]

I have a loan with MBNA which I am paying off. I paid them on 28th Jan over the phone by debit card, as usual, but then received a default notice on 8th Feb saying they had defaulted the account for non-payment. I even asked the person when I was making the payment on 28th if everything was in order on the acccount, and she said yes.

 

The person on the phone today - I have been waiting over 2 weeks to speak with a manager, said that the account defaulted on the 29th as my payment did not go through until the 30th.

 

He says there is nothing I can do. The account will be sold to a DC. He gave me an address to write to, but said there is little point.

 

What should I do? And advice.

[haggis1984]

Gotta love MBNA!

 

Can you block out all your personal info on the Default notice, scan it in and post it here?

 

How many (if any) consecutive payments had you missed prior to payment on 28th jan?

 

 

Your first course of action is a SAR. Request:

The communications log/customer information system;

Copies of all corespondence (including the default notice and notice of termination);

A list of transactions and a copy of any contract relating to this account.

 

Remember, send recorded delivery with a cheque for £10.

[scarydays]

I CCA'd MBNA for an agreement for a Credit Card. Today I received paperwork from them which quite frankly just looks like they typed up a document and sent it through. It's a word document, it has my current address on it, although I believe I took out this card prior to moving to this address, it is not signed by anyone, in fact there is nowhere to sign .....

 

Have MBNA just made this document up? They describe it as a "copy of the credit agreement that you signed.

[dx100uk]

you p'haps need to look at a few threads in the MBNA forum.

 

what you describe is typical for them.

 

they think they are above the CCA laws.

 

i'd post athread there too TBH.

 

dx

[SteveH2508]

Was it an on-line application?

[scarydays]

It could well have been an online application. I don't remember.

[scarydays]

I received a Claim Form last week for Northampton from

 

Drydans on behalf of Arrow Global for

 

a debt they claim I owed to MBNA which they claim to now own.

 

I am not aware of any debt owed to MBNA.

 

I did have a MBNA credit card which has been paid off and I no longer have the card

 

- and I've just checked my credit record and it is marked as settled

- since 2009.

 

hich I believe is correct.

 

I've logged on and acknowledged service and said I will defend the claim.

 

Any suggestions as to how this could have come about? and how I should go about my defence?

 

Many thanks.

[Guest]

if it is re the settled one then they all would be in trouble!

what are the particulars? maybe need to get further details before filing a defence? cpr 31.14, cpr 18, sar, cca request. or, if sure, deny. and complain.

[Bandit127]

As above, please type the particulars of claim up word for word, with identifying details removed and the amount rounded off.

 

The team will not be able to advise effectively without this.

[smithy70]

From reading this and other sites it would seem that Arrow are getting trigger happy with court action.

Is this the first communication that you have had?

Have you moved house in the last few years as there is some suspicion that some solicitors are not playing by the rules and sending LBA's etc to addresses that they know will not be occupied.

[scarydays]

I received a claim form from Northampton Claimant Arrow Global Guernsey via DrysdensFairfax for an old debt which is marked as settled on my credit file.

 

I have in the past submitted a SAR and CPR request to MBNA and to other DC's -but have never received anything back.

 

I acknowledged service and sent a CPR31.14 to Drysdens - haven't heard anything and needed to file a defence by yesterday. Not sure if I have messed up, but I just put in a defence saying I denied everything and was awaiting the documents listed in the POC in order that I could put together a proper defence.

 

The only correspondence I have received from Drysdens since the court claim is a letter from them claiming they had got judgement against me, despite the fact that they had not.

 

Should I do anything else? I'm feeling a little exposed as I have not filed a proper defence.

 

Should I send a SAR/CPR to Arrow Global Guernsey - whom I have never had any dealings with?

 

Or do I send them to Drysdens? And do I need to provide anything extra to the court at present?

 

Thanks,

 

SD

[AndyOrch]

Hi scary

 

Could you possibly post the defence you have submitted along with the particulars of claim (verbatim less any identifiable data).

 

Regards

 

Andy

[scarydays]

Thanks Andy

 

POC is

 

1. THe claim is for the sum of £xx in respect of monies owing by the defendant on a credit agreement held by the defendant with MBNA under account number xxxxx upon which the defendant failed to maintain payments.

 

2. A default notie was served upon the defendant 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 defendant has been notified of the assignment by letter.

 

My defence :

 

I deny any indebtedness to the claimant.

I have sent the solicitor for the claimant a CPR31.14 request for the documents relied upon in the Particulars of Claim. Until I receive these documents I am unsure as to exactly what the claimant's claim is for and am finding it difficult to file a full

and complete defence under the circumstances.

 

Defence (continued)

The Defendant respectfully requests that the Court stay (Suspend)

the proceedings under Practice Direction 4.6 (1) until the

claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of fourteen (14) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail

to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of

the claimant's failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to

strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

[AndyOrch]

Ok scary lets wait until they respond and if so the completion of the AQ.

 

Regards

 

Andy

[scarydays]

Thanks Andy. I was just worried that my defence doesn't really say anything - but I guess its a waiting game.

[AndyOrch]

Well you have put them to strict proof to disclose what their claim is founded on..if they are unable or the DJ instructs disclosure they may well back off...as stated lets see what response is attained.

 

Regards

 

Andy