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    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
    • Yes exactly, nothing after mediation - previously it was with Northampton Bulk centre
    • Well this is where the confusion sets in.......did they get that order in 2018 ?    Did they file the documents with the court ? If they didn't there is no amended new date on the order that they should comply with the order.   So you have an old Order with a new date...which in respect tells you nothing.   Reading between the lines looks like Portsmouth County Court is in meltdown hence all the errors. You stated you submitted a DQ but it was never processed to the N57 Notice of Allocation...so mediation then nothing.  
    • i think andydd was our expert on these things. i believe you have to carefully look at the tenancy agreement or whatever and see if it states admin fees are allowed. some do some don't  
    • Is there a website that lists speed limits at any particular day, I am looking for clockwise M25 junction 5 
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Varde & old MBNA card Debt - scotland


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I have recently received a letter from MBNA (See below) in response to a request for a copy of the true and signed CCA agreement on an MBNA credit card.

 

What they have sent me in my opinion is a copy of the abbreviated terms and conditions and this certainly doesn’t have my signature on it in any way shape or form. They have also attached a copy of a 2 page information sheet at the end of the letter to explain why they have sent what they have sent but in my opinion they haven’t given me a copy of the true signed original document…..

 

I have been waiting months for a response and the only reason that they have sent me this is the threat of the Financial Ombudsman Service after MBNA wrote to me and told me that they had sold the alleged debt on to a debt collection agency. I responded by telling them that the account was still in dispute and what they were doing was illegal.

 

On another point MBNA merged 3 credit cards together at various times to give me the same credit limit on one card so how can this one document be valid if in theory I should have had 3 credit agreements and not just this one which is active now?

 

Please help…………..

 

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As The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement. Electronic signatures weren't considered valid until this date.

 

I'm afraid this agreement seems to be enforceable.

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Thanks for the feedback, The issue that I have at the moment is that MBNA merged 3 credit cards together to create an 'easier more managable' account by having only one card and thus one huge credit limit off over £11,000.00.

 

With this in mind they created the card and thus closed down the 3 other accounts. They upgraded the account from the following:

 

Thomas Cook Mastercard - Closed

Thomas Cook Visa Card - Closed

Moto GP Mastercard - Closed

 

then they created MBNA Platinum Plus card.........

 

I don't recall ever receiving a credit agreement or any paperwork of any sort apart from the card?

 

Any thoughts?

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What they have sent you is the online agreement. When they amalgamated the cards you must have filled in the agreement online and because of the date it occurred they did not have to send you a hard copy to sign.

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They did the opposite for me, they created accounts.

The first time I was told I'd get a better rate of insterest. I expected that

transaction to go on my existing account, but instead they created a new

account.

 

The second time I wrote a credit card cheque, I had plenty of credit left

on my existing account, but instead they created a new account.

 

I didn't know about. Unenforceable accounts, they actually sent me copies of my agreements. Looking at them and the sticky they look

unenforcable.

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Hi There,

 

The accounts were done over the phone from what I can recall as I remember having a discussion with the operator at the time saying that I did think that it was silly to have 3 cards instead of just one. Can I ask for the CCA's on the previous 3 cards and try and use thus against them in anyway?

 

 

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You could send a SAR which will cost £10 http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

With this you'll get copies of agreements, statements etc., which will enable you to determine what has gone on with this a/c but make sure you list everything you want. It will also help you determine whether there were any unfair charges or PPI which you can reclaim right back to 1995.

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Thanks for the quick reply..... Found thus template letter which looks perfect...........

 

ACCOUNT NUMBER: **************

Dear Sir/Madam

 

Data Protection Act disclosure request

 

Please supply me with a complete list of transactions and charges relating to my account since, [Date as far back as you want]. Alternatively a complete set of statements for that period will be acceptable.

Furthermore please provide me with a copy of my/our credit agreement with yourselves, and a copy of my original terms and conditions. I make this request Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you. If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind enough to confirm this in your response to this request.

 

I enclose the statutory maximum fee of £10.00 to access ALL data held by (company name) about myself. You should be fully aware of your statutory obligations under the data protection act and that any failure to comply to this request could result in an investigation from the Information Commissioners Office. You have 40 days in which to comply.

 

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them.

 

I am sure you are now aware that due to the sheer amount of these letters you receive plus the massive media attention, that every time you receive one of these letters it will be followed up by a request for a full refund of any disproportionate penalty charges, this will give you 14 days to do so before court action. Please note if I have to take court action to reclaim these charges then I will do so. Therefore, to save yourselves some time and money, if you could just refund all these charges dating back for the maximum 6 years immediately you will not incur the court fees, statutory interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum for which I would be entitled, nor costs for having to retain your own solicitors.

Such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.

 

 

Yours faithfully,

Print Dont Sign

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Yep, that's fine ;)

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Thank you for your invaluable experience I will keep you posted once I get a response from MBNA.

 

Best Regards, Tiger Cub

 

____________________________________

 

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Please find letter below which was sent today to MBNA Bank Europe Ltd:

 

Customer Advocate Office

MBNA Europe Bank Limited

Chester Business Park

Chester

CH4 9FB Tuesday 20th October 2009

Dear Ms Powell

RE: Account No. **** **** **** ****

 

I refer to your most recent correspondence received by me on Sat 17th October 2009 and as the letter was unsigned and undated I can only assume from the Chester postmark that the letter was written and sent on 16th October 2009.

As previously mentioned I have passed all the details on to the Financial Ombudsman Service however I will now ask you for the following information relating to the following accounts under the Data Protection Act disclosure request.

  • MBNA Platinum Plus Visa Card Account Number Ending ******
  • Thomas Cook Standard Visa Card Account Number Ending ******
  • Thomas Cook Standard Mastercard Account Number Ending ******
  • Moto GP Standard Mastercard Account Number Ending ******

Please supply me with a complete list of transactions and charges relating to the accounts stated above since, January 1st 2000, Alternatively a complete set of statements for that period will be acceptable.

Furthermore please provide me with a copy of each individual credit agreements for the aforementioned accounts with yourselves, and a copy of the original terms and conditions. I make this request Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my business with you. If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind enough to confirm this in your response to this request.

I enclose the statutory maximum fee of £10.00 to access ALL data held by MBNA about myself and the accounts mentioned. You should be fully aware of your statutory obligations under the data protection act and that any failure to comply to this request could result in an investigation from the Information Commissioners Office.

You have 40 days in which to comply.

With this information at hand I will be able to investigate further the Variable Interest rates applied to the various accounts named above, as it is my belief that this has increased significantly since the alleged account was initiated some time ago. Please supply a list of variable interest rates applied to the alleged accounts along with the dates of application when these were changed and applied since the account was opened if this is not already contained within the Subject Access Request above.

It is also my belief that since these accounts were opened the interest calculations applied have been done in such a manner as to be unfavourable to me which would render this account to certainly be under the heading of an unfair relationship. I will also be investigating further the enforceability of each account before MBNA merged them into one card.

Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them.

I am sure you are now aware that due to the sheer amount of these letters you receive plus the massive media attention, that every time you receive one of these letters it will be followed up by a request for a full refund of any disproportionate penalty charges, this will give you 14 days to do so before court action. Please note if I have to take court action to reclaim these charges then I will do so. Therefore, to save yourselves some time and money, if you could just refund all these charges dating back for the maximum 6 years immediately you will not incur the court fees, statutory interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum for which I would be entitled, nor costs for having to retain your own solicitors.

Such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost etc is unacceptable as it implies that such data is nonetheless retrievable. In these circumstances, as opposed to copies of statements for the micro-fiched period, I will accept a detailed breakdown of all charges levied to my account in date order.

Further more it is my belief that at the time of the creation of the MBNA Platinum plus card there were several events which happened in order to create this account and thus the closure of the other 3 accounts already stated above.

It is my belief at the time that the 3 other accounts in question were merged together into what was described at the time as an ‘easier more manageable’ account thus creating one individual card as opposed to having access to 3 different cards. The credit limits on the other 3 cards were used to create one ‘very large’ credit limit on the MBNA Platinum plus card which has to be said was and still is, extremely irresponsible lending on behalf of MBNA.

I also believe that the electronic print out that you have sent me with regards to the executed credit agreement, which does not bear my signature, was created by you over the phone not over the Internet at the time of the creation of the MBNA Platinum

plus card. Therefore even though The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still needed a signed executed credit agreement. Electronic signatures weren't considered valid until this date. With this in mind it is my belief as this account was created by you after a telephone conversation to me then this credit agreement is invalid and should have been sent to me for a valid signature and should not have been created electronically by you.

Again as in previous letters to you which have all been sent recorded delivery I will draw your attention to the fact that:

  • You have failed to communicate with me in writing as requested.
  • You have failed to acknowledge correspondence sent to you.
  • You have failed to stick to you own deadlines set by you time and time again.
  • You have continued to send me threatening letters of demand.
  • You have continued to threaten me with court action.
  • You have failed to send me a copy of your company complaints procedure as requested on several occasions.
  • You have failed to respond to my complaint of telephone harassment.

I will again draw you attention to the fact that in my opinion MBNA have been extremely irresponsible in there lending on this alleged account and the size of the credit limit which was available on this alleged account. It is fact that the credit limit was available through the irresponsible practice of MBNA merging three different MBNA cards into one so called ‘manageable’ card in order to keep the credit limit available to the authorised user the same. I.e. one card one limit as opposed to working with 3 separate accounts at the same time.

It is my belief that as previously mentioned MBNA are at fault for creating this rather ludicrous situation and if it was not for financial institutions like yourself going into financial meltdown then I would not have lost my business and I would not be in the situation that I find myself in today. This all came around due to financial institutions like yours collapsing day after day all around us. In essence my financial situation would not be in the mess that it is today if the financial sector had not gone into meltdown so in reality my situation has ultimately been caused partly by you and some of the responsibility should therefore stop with you.

This situation may lead me to have to get involved in an IVA or as they are called in Scotland a Trust Deed and at the very worst I may find myself being forced down the route of personal bankruptcy. With this in mind the offer made by the Trustee of the IVA or Trust Deed will be significantly less than the outstanding debt, an offer of approx 10p in the pound I believe; however the outstanding debt continues to grow due to the fact that MBNA continue to add to it monthly by continually adding on interest and late payment charges which I have requested for you to stop. You are increasing further financial exposure to yourself by doing this however I have every month seen interest charges been applied to the account further increasing MBNA’s exposure and increasing the debt. Why has this account not been frozen?

In real terms MBNA is increasing it’s exposure but if the debt was not to be repaid back in full and MBNA felt it right to try and repossess my house and at least get

some of the money back then the remainder of the so called “interest” would be written off, so the MBNA would be reducing it’s overall profits for the year and paying less tax to the government. Win Win scenario for MBNA when in real terms the interest you are charging me daily doesn’t even exist in the first place so MBNA would be writing off debt that is fictional and in reality defrauding itself and the government in order to pay less tax!

Is this not a reason for the banks and financial institutions like yourself being in the current situation they find themselves in at present anyway and one of the reasons that we find ourselves in recession and also the main reason I lost my business?

Due to the seriousness of my financial circumstances I see only 2 courses of action that I can personally take and they are as follows:

  • IVA (Trust Deed) entered into through local Trading standards authority and MBNA then receive a reduced offer from them of approx 10p in the pound
  • Personal Bankruptcy – All associated personal debts written off.

The seriousness of the situation speaks for itself in the fact that I have already spoken to an insolvency practitioner, Financial Ombudsman Service and the local trading standards authority as well as writing several letters to MBNA informing them of my circumstances.

I have informed you of the facts:

· The Equity in my house is secured against my business which stopped trading in January of this Year

· I have informed you of my circumstances all along from day one in my first letter sent to you 26th January 2009

· I have offered you a reduced payment plan in order to allow me and my family to get back on our feet again after our financial hardship.

· I have sent you 11 letters including this one telling you of my current situation and requesting data from yourselves which you have not even had the decency to acknowledge.

· I have requested all communications be in writing which you have ignored and continued to try and contact me by telephone even though I have explained my reasoning behind keeping everything in writing.

· I have had offers of help from other financial institutions with whom they have accepted reduced payments and even written off some of the debt associated with the collapse of my business and this has all been done through written communication. I have no help from you in anyway shape of form.

The maximum timescale for you to give a final response to any complaint was 8 weeks. This has long expired as previously explained to you in my last letter.

Again I will re-iterate information from my previous letters and you may again consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies.

I look forward to hearing the findings of the Financial Ombudsman Service and conclusions to my complaint which you have failed to look into and I now look forward to hearing from you with regards to the Subject Access Request under the data protection act 1984 & 1988. I will again re-iterate that you have 40 days in which to comply.

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  • 4 months later...

:evil: MBNA – Experto Credit – Invalid Default Notice / notice of termination

I have been in constant communications with MBNA since Jan 2009 with regards to trying to get the Consumer Credit Agreement for an alleged account and several other accounts held with MBNA to the point where I have requested a Subject access report as a final straw. With reference to the report they have sent me some information however they have only supplied me 2 out of the 4 accounts in question, they are now ignoring my letters and have since sold the debt onto Verde Investments (Ireland) and Experto Credite have been appointed to recover the debt

 

 

There are a few things that need to be brought to the table initially so that I can hopefully get some help and support from fellow CAG Members.

  • I have not received a letter of termination from MBNA telling me that the debt has been sold on.
  • The initial Default Notice was sent to me 7th Sept 2009 (Standard Post NOT Recorded Delivery) and received by me 9th Sept 2009 however I had an open complaint which they were investigating a the time.
  • The complaint was registered with them in a letter dated July 28th 2009 with a response due by August 18th 2009 however no response was received, I sent a follow up letter complaining that my initial complaint had not been looked into and I was sent another letter dated 18th August 2009 stating they would get back to me by 15th September 2009. However in the meantime a default was registered on the 7th September whilst the complaint was still being investigated!
  • On the same day 7th September MBNA allegedly wrote to me however I only received a copy of this letter on the 26th November 2009 when Experto Credite supplied it to me. I had never seen this letter before this time however it was dated 7th September and it wasn’t on MBNA headed paper either. This letter was MBNA’s final response to my complaint funny though that I don’t get a copy until approx 7 weeks after it was allegedly written?!
  • I have written to Experto Credite on several occasions and told them that the account was still in dispute and they have no legal right to the debt; however they have ignored my letters and have now sent me copies of statements for the account that is in arrears. According to the statements on 16th September the account was sold to Verde. Funny how they promised to get back to me by the 15th and then sold the debt on the 16th even though I never received any letter from them at all and even when I did receive the letter there was no mention of them selling the debt on.

Where do I now stand, they have not supplied me all the details requested in the subject access report and are ignoring my letters, Experto Credite are also ignoring my letters however as the Default notice was NOT sent recorded delivery and as I have not received any kind of termination letter informing me that the account has been ‘officially’ sold where do I stand.

Can I send an unlawful rescission of contract letter as the account has been unlawfully terminated and if so does anyone have a template?

 

Help, where do I go from here?

 

Any help greatly appreciated ;-(

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My MBNA account was sold and no letter of termination received. I believe the sale is effectively termination and since , as with yours, the sale was in the DN's remedy period I wrote to accept their unlawful recission. There are a quite a few of us with the same experience. (See my thread here: http://www.consumeractiongroup.co.uk/forum/mbna/224927-mbna-cca-legal-2.html#post2718155)

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Thanks for the reply, since I have not received a Notice of Assignment then essentially they have unlawfully sold the account.

 

If I send an unlawful rescission of contract letter as the account has been unlawfully terminated what position does this put me in?

Do I have to pay the arrears at the time they sold the account? can they still take me to court etc. I have read so much over the passed few hours my head is full of nonsense........

Please advise ;-)

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I'd be reluctant to give advice myself. However you will find some useful stuff posted by others on my thread. My understanding, though, is that you should write to accept unlawful recission and that their sale of the account during the remedy period of the DN is a strong card.

 

Incidentally Default Notices don't need to be sent by recorded delivery (and as far as I know never are).

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Thread moved to the MBNA forum :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Good Morning All, I have found a template letter on another post supplied by nks22 (Letter supplied by vint1954)

 

What am I actually accepting when I write the letter. In laymans terms please?

 

Am I accepting the fact that I will be liable for some of the debt or am I accepting the fact that they have sold it on however as they have sold it on and it's unlawfull neither MBNA, Varde or Experto Credite can chase for the debt as it won't stand up in court???

 

I am unsure and need clarification on exactly what the acceptance of unlawful rescission actually means.

 

Template Letter as follows from vint1954

 

This is what your letter will look like, when you send it on the 29th January.

 

MBNA Europe Bank Limited

P.O. Box 30

Chester Business Park

Wrexham Road

Chester

CH4 9FD

 

Date xxxxxxx.

 

Dear Sir/Madam

 

Re account no xxxxxxxxxxxxxxxxxx Unlawful Rescission.

 

With reference to the alleged debt to your company, I refer to your Default Notice dated xxxxxxxx, posted xxxxx class and received by me on xxxxxxxxxx, and your subsequent actions confirming your previous written intentions to terminate the agreement and additionally disposing of the account to a third party, prior to the rectification date.

 

Notwithstanding that the default notice failed to give me the required statutory time in which to seek legal advice and/or remedy any alleged defect, as laid out in s87 of the CCA 1974, your actions have resulted in insufficient time for me to even obtain an appointment with a solicitor let alone remedy the alleged default. Your recent actions have lead to you unlawfully rescinding the agreement.

 

I accept your unlawful rescission of the agreement I note that you are now entitled to claim those arrears genuinely due at the time of the termination (not including any unlawful charges ) and i would be obliged if you would advise me of the exact amount of those arrears, against which will be a claim for unlawful rescission

 

I look forward to hearing from you.

 

Yours faithfully

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More information required re the Default Notice.

 

Did you keep the envelope it came in ? Always useful to prove the method of posting.

 

You say it was dated 7th September 2009. What was the date the breach was to be remedied by ?

 

MBNA apparently think they have no need to abide by UK law so things you believe they shouldnt do .. they will:rolleyes:

 

You need to check the comm logs very carefully, especially around the date of the Default notice to see when they sold/assigned the account and also see if they make any mention of terminating the account.

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Note to self. Read thread properly before posting:rolleyes:

 

Tigercub, you had posted same time as me so questions asked have been answered.

 

All you are accepting via the letter provided by vint is the unlawful recision of the account. Nothing else:)

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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

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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

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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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My Concern is that they haven't even supplied me the SAR Request on the account so as I can't investigate the account further (as I believe that they merged 3 cards together without creating a new CCA thus they can't provide one)

 

However as they have since sold the debt on without giving me all the information that I have legally paid for I am stuck between a rock and a hard place. I essentially need the SAR Report to finalise the investigation, as they have sent me a final response letter the correspondance from them has completely stopped and the only communication that I am getting is from Experto Credite.

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citizenB thanks for your posts - I am unsure and need clarification on exactly what the acceptance of unlawful rescission actually means.

 

diddydicky and vint1954 are the experts in this area.. however my understanding is that you have accepted that they have broken the terms of the contract by terminating it without following the lawful procedures as set out in the Act.

 

If you feel unsure about sending the letter until such times as you are in receipt of all the Data requested in the SAR then hold fire. If they mess you around for too much longer, then send them a Letter Before Action and either take them to court for non compliance or make an official complaint to the Information Commissioner.

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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:evil: MBNA – Experto Credit – Invalid Default Notice / notice of termination

I have been in constant communications with MBNA since Jan 2009 with regards to trying to get the Consumer Credit Agreement for an alleged account and several other accounts held with MBNA to the point where I have requested a Subject access report as a final straw. With reference to the report they have sent me some information however they have only supplied me 2 out of the 4 accounts in question, they are now ignoring my letters and have since sold the debt onto Verde Investments (Ireland) and Experto Credite have been appointed to recover the debt

This kind of intollerable behaviour is to be expected. They don't give a fig for the law.

 

 

 

There are a few things that need to be brought to the table initially so that I can hopefully get some help and support from fellow CAG Members.

  • I have not received a letter of termination from MBNA telling me that the debt has been sold on.
  • MBNA do not usually send termination letters. Silly them.
  • The initial Default Notice was sent to me 7th Sept 2009 (Standard Post NOT Recorded Delivery) and received by me 9th Sept 2009 however I had an open complaint which they were investigating a the time.
  • Not sure when the rectification date was?
  • The complaint was registered with them in a letter dated July 28th 2009 with a response due by August 18th 2009 however no response was received, I sent a follow up letter complaining that my initial complaint had not been looked into and I was sent another letter dated 18th August 2009 stating they would get back to me by 15th September 2009. However in the meantime a default was registered on the 7th September whilst the complaint was still being investigated!
  • Again they ignore the rules and do as they want. Again, silly them.
  • On the same day 7th September MBNA allegedly wrote to me however I only received a copy of this letter on the 26th November 2009 when Experto Credite supplied it to me. I had never seen this letter before this time however it was dated 7th September and it wasn’t on MBNA headed paper either. This letter was MBNA’s final response to my complaint funny though that I don’t get a copy until approx 7 weeks after it was allegedly written?!
  • I have written to Experto Credite on several occasions and told them that the account was still in dispute and they have no legal right to the debt; however they have ignored my letters and have now sent me copies of statements for the account that is in arrears. According to the statements on 16th September the account was sold to Verde. Funny how they promised to get back to me by the 15th and then sold the debt on the 16th even though I never received any letter from them at all and even when I did receive the letter there was no mention of them selling the debt on.

There are many opinions on who has to inform you when an account is terminated. In some cases it is clearly stated that the Original Creditor is the one who has to inform you, other cases allow the new owner to inform you. If you think about it, this is a legal assignment of a debt. It may well as just be a property. The LPA 1925 is the act that covers the assignment. My view is that if I sent you a letter saying you owe me the money now, not MBNA, would you accept that and pay me? If I was telling porkies and you did pay me, what would a court say?

In reality, that is now erelevant. They have unlawfully terminated your agreement on the 16th, without complying with s87-88 CCA 1974 and without giving you the required legal time to rectify the default. If the DN was posted first class, the earliest rectification date would be the 23rd Sept, so they are up a gum tree. Selling the account is clearly terminating the agreement with them.

Where do I now stand, they have not supplied me all the details requested in the subject access report and are ignoring my letters, Experto Credite are also ignoring my letters however as the Default notice was NOT sent recorded delivery and as I have not received any kind of termination letter informing me that the account has been ‘officially’ sold where do I stand.

The SAR complaint about MBNA, needs to be directed to the ICO.

 

Can I send an unlawful rescission of contract letter as the account has been unlawfully terminated and if so does anyone have a template?

 

Help, where do I go from here?

 

Any help greatly appreciated ;-(

Hi Tigercub,

 

They have unlawfully rescinded the agreement. You need to write to MBNA, using the letter of mine that you have found. Pay attention to the dates that you put in the letter, taken from the DN. If the envelope was marked UKmail, then this is second class, so add 2 days.

 

What you are saying in that letter is that by their actions, they have unlawfully rescinded the agreement and that you are now only liable for the genuine arrears at the time of termination, 16th Sept, less any damages you may claim for unlawful rescission, usually about £1000.

 

You then need to write to Experto, just advising them that MBNA have unlawfuly rescinded tthe agreement between you and MBNA, so they had better return the problem to them.

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My Concern is that they haven't even supplied me the SAR Request on the account so as I can't investigate the account further (as I believe that they merged 3 cards together without creating a new CCA thus they can't provide one)

 

However as they have since sold the debt on without giving me all the information that I have legally paid for I am stuck between a rock and a hard place. I essentially need the SAR Report to finalise the investigation, as they have sent me a final response letter the correspondance from them has completely stopped and the only communication that I am getting is from Experto Credite.

Again, ICO for your complaint, but it is important to acknowledge the unlawful rescission asap.

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Thanks you to everyone who has posted information on this.

 

Vint - I now feel comfortable enough to write to MBNA and accept unlawfull rescission, will also write to Experto Credite and advise them of same.

 

I will also report MBNA to Information Commisioners Office.

 

Thanks again ;-)

 

Tigercub

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