Claim form received from Drydens - MBNA debt poss faulty DN?

[tony3x]

Unfortunatley I don't have the envelope - was thrown away by OH:(

 

I was unsure of the dates as not sure if the amount of clear days includes weekends or not.

 

I thought of something else the other day - They say the account is no longer in dispute as they have satisfied their requirement re the CCA, however they have only sent me the copy of the app form posted earlier whereas in Carey v HSBC the judge states that all copies of the T&C's need to be supplied - they have not even supplied a full copy of the original.

[Dotty50]

A lot of the agreements state T & C's on the reverse but I can't read this anywhere on yours but it does mention a separate booklet so they should have supplied this, as I understand.

 

Always best to keep all the envelopes for a record of what postage was used.

 

The remedy date should be 14 clear days from it being served and the date of service depends on type of post used and 1st or 2nd class.

 

They should only be demanding the arrears, not the full balance.

[tony3x]

I suppose the next thing is to wait until they send the termination notice and then start the process of appealing the DN.

 

I am still not sure about the remedy date but from reading other threads it seems that it is deemed as being served 2 clear days after posting if 1st Class and 4 days if second, not inc weekends so as Debilde said it is out by either 1 day or 3 days as weekends are inc in the 14 days after being served.

 

Can this be confirmed please.

[Dotty50]

Hi Tony,

 

It's unlikely that you will get a termination letter, they will probably have sold it on.

 

In both of my cases they were sold before the remedy date on the DN (both short). I accepted unlawful rescission on the one as the purchasers wrote to me advising they owned the debt before the DN remedy date!

 

In view of the SAR received today, will be doing the same with the other.

 

If you haven't already, this is the time to send in your SAR and get the evidence if it is there.

[tony3x]

Just received a card (in envelope) from Allied International Credit saying that they have been instructed by their client, MBNA, to recover the balance on their behalf.

 

Any idea who they are?

[Dotty50]

I have seen the name mentioned on here, another DCA I believe.

 

Not had any experience with them myself, not sure if there is any pattern to who they use. May be it depends on who issued the card in the first instance.

 

What date is the letter/card? Was it before the remedy date on the DN.

[tony3x]

Date of card is 05/05 so after the remedy date.

 

Do I need to wait until the account is terminated/sold before I can appeal the DN as defective?

[Dotty50]

well if AIC are demanding the full balance, then I think you will find that it is now terminated.

 

It was at this point I sent SAR and this confirmed sale before remedy date

[tony3x]

Thanks, will get SAR sent off.

[lstrong]

After over 1 year in court with MBNA I have decided to drop a case - where the only agreement they can produce is a 'true construction' - this is because of recent rulings that mean county court judges will on the balance of probabilities believe whatever is shown to them as an agreement that would have been sent.

 

If you dont read what is on this link and campaign hard to your MP - there will be a shock for anyone who thinks no agreement means unenforceable.

 

https://sites.google.com/site/mbnacomments/

[tony3x]

Not been on for some time but have recently obtained my credit report. Some interesting dates:

 

Default date on credit report is 01/04/10.

Date of letter from MBNA - 09/04/10

Default date on letter - 26/04/10.

 

I know the discussion has been had with regards the dates of letter & default but does the fact that they have reported to the credit agencies a different date have any effect?

[silverfox1961]

Yes it does. The default notice gives you x amount of days to rectify the default (usually missing payments). On the assumption that what you are saying is correct, they have defaulted you before giving you the opportunity to rectify the default. That (to me) is unfair.

 

Have they terminated the account as yet?

[tony3x]

Acc not terminated as yet.

 

They have still not replied to my letter of 22/5 where I stated that I had not had a satisfactory response to my letter of 23/11/09 - this was in response to a letter from them dated 9/4 - same date as DN.

 

I have since received a payment demand from Aegis offering 60% in partial settlement. Asking me to pay by credit card as well!!

[Dotty50]

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices&p=3168253&viewfull=1#post3168253

 

Hi Tony,

 

Currently being debated on another thread (in answer to post 36)

 

I see they are still giving 17 days on the DN and guess it was 2nd UK mail?

 

They don't send a termination notice either as the DN states that termination will take place if payment not received by remedy date.

 

Although it now seems that termination cannot happen if the DN is invalid. (posts on the thread I have linked here)

[tony3x]

Hi All,

Received this reply from MBNA dated 11/04/11, on 28/04/11, in reply to a letter I sent on 19/04/2010, yes 2010.

 

At first glance it seems that I am stuffed but after further reading I am bit confused. They state that Legal Counsel has advised that the bank can apply for an enforcement order (although they seem not to be able to supply an executed agreement) but further on say that they have no need to seek an enforcement order

 

Any advice please.

 

Also note they have not even signed it or put a name of who it is from. In light of the case in January against them where they lost basically because they did not supply an executed agreement, whats your thoughts.

 

[SteveH2508]

Legal Counsel has advised that the bank can apply for an enforcement order...

 

weasel words - yes they can apply for an enforcement order - without a compliant executed agreement they may have difficulty getting an enforcement order.

[tony3x]

weasel words - yes they can apply for an enforcement order - without a compliant executed agreement they may have difficulty getting an enforcement order.

 

I was thinking along the same lines, especially as they later say that they have no need to seek an enforcement order to exercise their rights. Surely they would need one.

[tony3x]

Nothing on this until toady. Now received a notice from Wescott, sent of behalf of Bank of America giving me information on how I can pay the debt in full (quite good of them) and if I don't contact them it will result in further action.

 

Just ignore?

[Dotty50]

Further action will probably be another letter (maybe written in red and using CAPITALS)!

[SteveH2508]

Nothing on this until toady. Now received a notice from Wescott, sent of behalf of Bank of America giving me information on how I can pay the debt in full (quite good of them) and if I don't contact them it will result in further action.

 

Just ignore?

 

Bank of America are bailing out of UK. They seem to have flogged their bag of lemons on to Wescot (poor deluded fools) so the threat-o-grams are re-appearing. I've had a few recently. Frankly, I have more important things to do in my life than play letter ping-pong with a bunch of losers. If they could legally action these accounts they would have done so by now.

 

MBNA are in the business of fleecing mugs - these may be their 'customers' - or they maybe the DCAs who buy their 'defaulted' accounts.

 

Beware letters written in crayon - they come from the intelligent part of the organisation.

[tony3x]

Help required.

I have today received a court claim form Drydens representing Arrow Global for an alleged ex MBNA debt.

 

my last communication to them was the 14th May when I again asked for confirmation that they hold a fully executed copy of the credit agreement.

 

I did receive another letter from them on the 28th May but did not respond as all it said was that they had been instructed by Arrow Global

to act to recover the 'debt'.

 

Probably should have responded but too late now.

 

Need to know what my next steps are re the claim form.

 

Before anyone asks I have never had PPI and up until things went belly up I had very few charges.

 

Any advice appreciated.

[sequenci]

Hello there.

 

When did you take the agreement out originally?

Did you ever make a CCA request?

 

Best wishes,

 

Seq.

[tony3x]

Agreement taken out in Oct 2006.

 

I have received several copies of the CCA all of which are the same with only my signature.

 

I have quite a lot of stuff scanned that I can post if required.

[sequenci]

That would be great, please remove any personal info for us. Thanks!

[tony3x]

How far do you want me to go back. I have everything from MBNA back to 2009. Or just from when Arrow took it on.

 

Do I still use Photobucket to upload or is there another way.

 

Thanks for your help.