Moorgate mbna want to claim back ????

[willow12345]

hi

i had an mbna cc from 2001,

sold to moorgate 2012,

 

there was an arrangement on it to pay 57.00 per month from 2008 as balance was well over 5000.

 

i paid mbna all this time,

i didnt know moorgate purchased the debt and

 

they rang and wrote saying to change my standing order to them,

 

i refused saying ive no agreement with you bla bla.

 

they then wrote saying my account would be paid late as mbna takes 2 weeks to give them the money,

 

i again said not my problem my agreement is with mbna not you.

 

ive since (apr 14) found Removed website read up etc and stopped all payments and

 

sent the letters requesting CCA agreement etc

 

ive also sent mbna letters requesting the accounting of the account as it was sold to morrgate.

 

MBNA have not written back at all.

 

moorgate are treating as complaint

 

but are in tact agreement and nearly at estoppel in 5 days time.

 

i am wanting to claim the money back paid since it was sold, as its all unfair,

 

i bet ive paid in the region of 20,000 for a credit card they gave me when i was 20 with a limit of 5000,

stupidly i did use it as a twenty year old who wouldnt,

 

but its been a hold on me all my life and to me they shouldnt of gave the high limit in the first place being a first credit card,

 

second mbna have recd money on an account that they sold so is this right,

 

and please could someone point me in the direction i need to go to start this claim against them.

 

oh and moorgate havent provided any info requested so all this will be my defence.

Edited June 6, 2014 by citizenB

[citizenB]

Hmmm, sorry the website that you mentioned offers advice that very few other sites would entertain. I have also had to remove it from your post.

 

Not quite sure what you mean by "nearly at estoppel" ?

 

I will provide you with a link that deals with estoppel because I think you might have misinterpreted the meaning.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?840-Stop-your-bank-or-lender-breaching-their-instalment-agreement

 

You cannot claim estoppel because they dont send documents to you. You would be using non compliance of s78 by which they should not be able to commence legal action.

[fletch70]

I am assuming that the website you have been looking at is the rather obscure one that talks about 3 letters.

 

If you ask them to give even one example where their stance has held up in court they may well ban you.

 

What they will claim as successes are when a DCA passes an account back or sells it on again.

 

These are not wins as such just the normal day to day process, why would you spend money trying to collect a debt when the debtor isn't paying?

 

As for their claim that once assigned the debt ceases to exist, again find me just one legal case that agrees and I will convert

[fkofilee]

Okay so to summarise Its MBNA who have sold to moorcroft...

Okay well, you shouldn't be scared first off as you have now come to the CORRECT place for advice.

 

First off, you need to send a CCA request to Moorcroft with a £1 postal order and a SAR to MBNA... £10

Guarantee you this is rife in charges!

[willow12345]

it is the 3 ltr process as used on here

 

requesting the cca 12+2,

 

same request worded slightly different but all section 78 requests.

 

ive sent a notice to estop giving 30 days to repond which im 25 days into, so they will receive a cease and desist ltr on day 30.

 

my question is

as i had paid mbna from oct 2012 til march 2014 on a debt they sold to morrgate in oct 2012,

 

can i claim these payments back as mbna passed the money to morrgate,

where in effect should of returned the money to me as it was a closed and settled account as moorgate bought it from them.

 

this is the route im thinking and am asking for advice on this.

 

thanks

[willow12345]

both moorgate and mbna have had 3 requests for this info. mbna have not replied to any letters and moorgate have said they are dealing with it as a complaint and requested info from mbna, but if they bought the debt they should be in receipt of the cca .

[fkofilee]

I agree, they should buy the debt with the documentation... But they never do.

So the CCA Request gives them a opportunity to get the documents.

 

And no... Claiming payments back will not happen... Here's why, that account still exists with MBNA and I guarantee you now that Moorcroft are collecting in behalf off MBNA

[willow12345]

its MOORGATE NOT MOORCROFT i keep getting them mixed up. moorgate is britannica and have said they have bought the debt from mbna so they own the debt, and moorgate are on my credit reports

[fkofilee]

Oh I see, didn't realise britannia had a sub brand.

[fletch70]

Indeed by MBNA was sold to Brittanic who are based in Luxembourg who then had Moorgate/Arden collect for them.

 

Brittanic now own the debt and as long as MBNA were sending the money on there is nothing you can do

 

Did you ever receive a notice of assignment? If you did that would be when you should have started paying moorgate . Having said all that it took Moorgate several months to furnish me with a completely non compliant recon for my CCA request . While the CCA request is outstanding you could stop paying as they can not enforce

 

As for the estoppal I am not sure what you want from that

 

Selling the debt on does not wipe out the debt regardless of what ceylon and his cronies say

[willow12345]

yes and they change the credit files from credit card to loan aswell !!!!

 

but have no agreements to back it up,

 

thats why i want to go down this road as ive sorted everything else out more or less

 

but this mbna always makes me grit my teeth because of what they did,

 

giving 5000 for a start then bla bla bla for the last 14 years, etc

 

hence me getting advice on how to make them accountable for their wrongful actions

 

because ive more than paid for mine 10 times over in the last 14 years

[fletch70]

Can I ask where you got the three letters and the estoppal notice from? As far as I am aware there is only a cca request and a non compliance letter in the library

[fletch70]

The change on your credit file will have little consequence and it should disappear this year anyway as the 6 years from default will be up ( I am assuming it was defaulted)

 

Why are you saying that you have paid them many times over?

Sorry to sound thick but you have been paying 57 a month for 6 years which is 4104 and yet you owed over 5K . I am guessing you should be close ish to having it finished

 

Have you looked at reclaiming any PPI and/or penalty charges?

[willow12345]

i have never recd anything other than requests to pay them directly which i refused as my obligation was with mbna. ive done a lot of research and cannot find what road to go on with these or where to look for advice on it hence this post.

 

estop - i know where i am with that.

 

selling of debt doesnt wipe debt i agree but using our own rights within the law and regulations can do, i have sucessfully had 2 dca and oc completely remove 2 unlawful accounts from my cra, so it does work.

 

thanks

[fletch70]

Well you have been given what advice I can.

 

So you have never received anything that says that MBNA have sold the debt on?

 

Yes it is possible to get incorrect defaults removed , done it twice myself but that doesn't mean the debts do not exist or are even enforceable.

I am interested to know what laws and regulations you are using to get debts wiped?

 

My approach would be to write to moorgate and say you are stopping payment until the provide the CCA request but at the same time save that money so that should they produce one you can offer a full and final to maybe get it cleared completely

 

I am really sorry but you seem to be saying that you are using a system that no one here thinks works and are asking for advice , people can only help you with what they know works

[fletch70]

Now I am going to sound rude

 

If you are going to tell stories on different sites please tell the same one

 

For your info Ng is a chinese( I think) last name so your comments on that website are just rude .

 

You obviously thought it was moorcroft and not moorgate to start with and you are only owing 367 . Also you didn't tell us you dropped your payments to £17

It is quite possible that they have not defaulted you as you have an arrangement to pay , to be honest I would be challenging that and getting it removed .

[willow12345]

firstly, i had outstanding issues with moorgate and moorcroft and simply mixed the names up as they are similar,

 

when i realised the mistake i changed the posts to say moorgate not moorcroft which is a simple mistake to make.

 

the story on there is the whole story,

on here i shortened the story as i just needed advice as regards to the claiming back from moorgate nothing else,

 

and didnt see the point in starting a whole new thread which would raise several different issues when i only need help with the one issue.

 

secondly, ive made no racial or rude comments about the surname ng,

if you cared to read the whole thread you will see that several people from several companies have had their letters signed by the name 'ng'

which would raise questions on who this person is which is what was done so asking who 'ng' is isnt a rude question to ask ,

 

so no comments of mine are rude as no comments were made !!!!!!!!!!!

 

yes the balance is 367 and did pay £17 for the last few months as ive been in hospital ill, my sons been ill,

im on medication, and all of this really doesnt change the initial question,

 

as ive said i tried to shorten the story as id be here all afternoon writing it if i said the whole story.

 

so before you start your accusations, make sure you get your facts right first, im merely asking for advice like everyone else.

[dx100uk]

time for an SAR to MBNA me thinks

 

sadly they've done nothing wrong by selling the debt and fwding your payments.

 

dx

[fletch70]

I am sorry you took it that way but lets get a few things straight

I did not call you racist

This is a part of your post

signed by jamie ng

 

who has surname 'ng' !!!

Later on you said it again but you were told it is a name from the far east

 

You said over there that you had a letter from moorgate saying to pay them, well without seeing it I can't say but it could well have been a NOA

 

There is NO 3 letter process used on this website, that is for the people over there to use

 

You have also said over there that you have tried to get penalty fees and poss PPI back but they said no because it is over 7 years....Dx is your man on here to help with that

 

Just for your info, Moorgate and Arden are the same company and they are a royal pain in the arse

 

I am afraid that 3 letters and estoppel will not work, however depending on if you are working or not and if you have assets they may well not take action against you for the £386 left . If you have sent a proper S78 request and they have not complied they can not enforce. MBNA are absolute buggers for not defaulting you until the payments drop below a certain level however if they are making a big impact to your credit rating (i.e the only 1 or 1 of maybe 2) then you can try and get the date reset to when you went into a payment plan, especially if that plan was below minimum payments

 

Finally and for your own good

The people on the site you have been using are in my opinion total crackpots and I have yet to see a court win and i never will. They through words like fraud around willy nilly

[willow12345]

you stated my comments are rude, you have just copied the one comment i made about the surname for whatever reason and what this has to do with anything i really dont know, but you can clearly see there is no rudeness about the comment i made so your confrontation and accusations towards me are unfounded and without reason. you have used your precious time to search posts on other forums to insult me on here, again unfounded and without reason. im glad you have the time of day to be conducting this search of yours, unlike me and others who have better things to do with our time.

with your comments about the other forum, that is your opinion and as we are all entitled to our own opinions, mine is definately different to yours and their process has worked for me as ive stated before already i have had 2 accounts completely removed from my credit files, so proof is there for me, and as you seem to have so much free time, why not take a look at the success stories thread within the forum or do a simple search on marshall who has won a court case against a dca for costs. i feel your victimising me for no reason at all which takes away the point of my original question. im not posting here to be insulted, nor questioned over posts in a completely different forum, im here in this forum with one question thats it, so please treat me as such.

[fletch70]

Willow

I am not victimising you, I often look on that site and came across your thread.

I am sorry that you feel victimised and I am sorry about the issues you are having at the moment.

As I also said I did not call you racist but the comment about Mr Ng and also the quip later about starting a thread to see how many people had had letters from him were IMO quite rude as you were suggesting it wasn't a real person or real name

 

Can I just say that having debts removed from your credit file does not mean that they have vanished. I have had two removed and trust me, they still exist.

 

I have read the "success story" threads and quite frankly having a DCA return the debt to the OC or selling it on is not a success but it is helpful I have had just about every one of my multiple debts passed from at least one DCA to another. Most are even off my credit file

 

As for Marshall I read it with some excitement as I was hoping this would be the case I was looking for. He won the £500 by default and they did not follow through with the application to set aside. Now who knows why they didn't follow through, maybe because they realised they had dropped a bollock. The case was never tried. He is now looking to reclaim in excess of £20K . Who knows the outcome as it has not been to court yet so I do not see any of that as a compelling vistory.

 

Yes it is my opinion and I was trying to give some advice. Their system has , as I said NO proven track record however this site and others does have.

 

In order to get the best advice the full story is needed.

 

Sadly for you, there is no claim against MBNA for the money you paid them and they passed on to Moorgate

[willow12345]

fletch thank you for your advice and

 

ive got all the paperwork out to give the full story,

 

i thought it was easier to abbreviate it but clearly not,

 

i had 5 dcas i needed advice with at the time of writing on the other forum

so tried to get them all there quickly so sorry if the posts dont read the same.

 

ive spent a few hrs reading through it.

 

i took out the credit card with AOL by MBNA july 2002 online, and gave a credit limit of 5000 (not asked for)

as like many had this used it and paid it til 2004 when i gave birth to my son who is disabled,

 

i was self employed before i gave birth so had no income,

statutory maternity pay at DWP didnt pay me as they messed my claim up until jan 2006

so had no money at all,

 

my mum gave me money to pay my mortgage and food and insurances

then the rest i didnt pay thats when the trouble started,

 

i also was in and out of hospital with my son and as that was more important i dealt with that.

 

MBNA were placing 25 late payment charge and 25 over limit charge on the account every month

total charges applied to the account are £1150.00,

 

feb 2006 MBNA agreed to freeze interest and pay 57 per month if i paid 391 that day,

which was all the money i had at the time,

 

i did it as was scared, new mum, poorly baby etc

 

i paid this 57 from 2006 feb til jan 2014.

 

in oct 2012 they sold the debt to moorgate and then morrgate rang asking to pay them,

i said no i dont owe them anything i owe mbna and will pay mbna.

 

ive continued to pay mbna throughout.

 

from jan 2014 til march 2014 ive paid 17 per month as have been in hospital myself,

so has my son and im still off work due to my illness and meds.

 

i am really struggling with money and health,

came across the websites with the CCA requests and looked deeper into it,

as i have to rest, im sat at the computer reading up on all the info bla bla.

 

also i did issue a SAR to MBNA in jan 2012 where they only provided the statements

(no CCA no notes no tel calls etc only just realised that)

 

i did submit a ppi claim in feb 2012 where they refunded 279

and stated they previously refunded 98.90 for ppi

- dont know exact details of this.

 

i also issued a charges reclaim for the 1150.00 which they replied

saying only one entry for 25.00 is within the 6 years so refunded that.

 

i complained to FOS who agreed with MBNA so left it at the time.

 

but looking on another site like this one

if the request is made within the 6 years of knowing refunds have to go from the start of the account

under the limitations act which i only come across last night.

 

how i am really kicking myself now as to why i didnt follow it through at the time.

 

i was following the moneyman letters.

i think ive covered the whole story there.

[dx100uk]

that PPI sounds mighty low to me.

 

have you a complete set of statements since the sar ?

 

dx

[willow12345]

not complete, only a few missing 2006 onwards but got the statements from when ppi and charges were added 2002-2006.