MBNA/Vardey/Aktive capital claim form

[dubs1967]

Hi all.

 

I was offered a short settlement on two mbna accounts.

 

I was sent an email confirming this.

 

I replied tothe email that i wanted the proposal in writing stating how my credit file would look ie full and final etc.

This never arrived.

 

In the email it stated that i could settle by 27aug for 800 or 25 sept for 900 giving me two options.

I decided to go for the sept payment.

 

The first week in sept i was horrified to recieve 2 default notices.

I contacted the MBNA complaints dept and explained.

 

I was met with arrogance stating that the defaults would stand as i hadnt paid in aug.

I sent a copy of the original email.Letter back admitting the email was deceptive

but no mention of the defaults being removed!!

 

Also the figures on my original email were wrong by £60 in favour of mbna.

 

I rang the complaints again and told them i wasnt paying untill things were sorted out.

They said if i didnt settle the offer is null and void.

I was also told the accounts were sold in early sept and have a letter dated the 23rd sept from a DCA.

 

The latest letter is from restons solicitors threatening action but also stating that MBNA will offer a substantial discount for settlement.

I cant understand what they are doing?

They are obviously in breach of something.

 

Advice please anyone!

 

Thanks DS.:-?

[supasnooper]

Hi there,

 

Welcome to CAG

 

Sadly, MBNA &/or Restons are in breach of nothing.

 

As you acted without receiving a written response from MBNA as to a Full & Final settlement...........and in good faith, all you've done is given them your money.

 

Unfortunately you've now got Restons on your case issuing demands.

 

You now need to step up your game. You'll need to get a CCA request off to MBNA as soon as possible - template letter here - The Consumer Forums - Debt collectors. Do NOT sign the CCA request, pay by a £1.00 postal order and send by Recorded Delivery.

 

 

How old are the cards ?

[dubs1967]

Thanks for the reply ss.

 

I havent paid the money to anybody yet.

 

I have just been looking on my default notices and the account nos are different to the ones on the credit card statements.?

 

Why would they offer me a settlement and not send any conformation in writing with figures and payment proposals?

 

Especially when i had stated that the figures were wrong?

 

They sold the debt before the settlement date as well.

 

They must be accountable.

[dubs1967]

The cards are both old enough to pursue the CCA route.

[r&b]

 

 

The latest letter is from restons solicitors threatening action but also stating that MBNA will offer a substantial discount for settlement.

 

hi dubs,

are u sure they have sold the debt on, or is it not simply being handled by a DCA?

 

if u are happy to settle why dont u just get in touch with restons to see if u can reach an amicable agreement for settlement on a full and final basis?

[dubs1967]

hi dubs,

are u sure they have sold the debt on, or is it not simply being handled by a DCA?

if u are happy to settle why dont u just get in touch with restons to see if u can reach an amicable agreement for settlement on a full and final basis?

 

Well who knows what they have done!!

 

 

I would stilll like to settle the accounts and get rid of my headache

but they just dont seem to play ball?

 

 

Oh yes one account seems to of been sold to credito something or other.

 

 

I mean what is the point of an offer and then playing awkward.

 

 

I just dont get it.

[joemay]

One of the tricks is partial or short settlement then they sell the rest on,

they never to seem to agree to full & final

- this is one of the reasons experienced caggers always recommend that you get in writing

that its full & final settlement

and that CRAs are shown as F&F.

 

 

Short settlement unfortunately doesn't mean Full & Final.

[Demonbarb]

I have an MBNA card for which they have, eventually, supplied the CCA

and this is in order according to my solicitor who is dealing with my other cards

(which are all unenforceable) re unenforceability claims.

 

They didn't reply in the statutory timescales, however, so I withheld payments. This has been going on for 5 months nearly and

 

 

I have written to them acknowledging I have a debt but I will not restart repayments until they confirm all charges and fees for the period

they were in default are refunded.

 

 

The compliance department who sent me the CCA claimed they had not received the original S78 letter

but I supplied copies and proof of posting and receipt by MBNA.

 

 

The compliance department who sent me the CCA have failed to respond to my 2 letters requesting my account

is put right by refunding the fees and interest during the period they hadn't complied.

 

I have today had conversations with their collections department who have agreed to refund these fees

once I have made 3 payments of the minimum payment amount as a gesture of goodwill

as they claim they can't get hold of the compliance department and

they can't make the amendments I have requested and this will resolve the matter more quickly.

 

 

I am loath to give them money on this basis as I should be able to get a refund now and restart my premiums based on the reshceduled account balance.

I have asked for their offer to be put in writing before I make a decision and I have until the end of the month to accept this.

 

The guy also made a suggestion of a full and final settlement given my position saying

"they would rather accept this as sell the debt on to a DCA

and they could then use their resources used on my account elsewhere in the business".

 

 

I asked what sort of figure they would be looking at but he couldn't say.

 

 

This now sounds dodgy based on what I have read in this thread &

I would be interested to hear others views on this and what they would do.

[dubs1967]

Hi mate.This all sounds familiar.Im now going with the FOS and have just spoken to restons,who despite what i have read seemed very plausable.With hindsight I would approach your case like a terrier.Dont let go untill you get what you want.And dont be pressured.Oh and MBNAs compliance is a joke,are those girls on work experience or what.All the best D.

[dubs1967]

Can anyone provide info on DNs.

 

 

My default notice contains a CCA number that doesnt match anything i have ever seen,

certainly not the same as my account no.

 

 

Also the default demands the full balance rather than the arrears.

 

 

This account is going to court and the DCA has provided what can only be described as a FAKE!! default notice

which is not the original that i have,

 

 

the account no on the fake is correct and it states the arrears figure rather than the full balance.

 

 

What legal position am i in?

 

 

Cheers dubs.

[dizzyblonde1966]

Dubs, who is the DCA?

What stage of legal/court proceedings are you currently at?

can you scan the 2 DN"S up , minus all your personal details

 

DB

[pompeyfaith]

Scan the original too so both can be compared

 

PF

[dubs1967]

Cant get the scanner working.

 

 

Stage is summary judgement hearing a week today.

 

 

DCA begins with R and ends in S,rsoles or something similar.

 

 

Is the credit card agreement no the same as the account no?

 

 

Any basic rules to follow on DNs,

 

 

Who regulates defaults?

 

 

Cheers dubs.

[dizzyblonde1966]

Dubs, was the account terminated after the first default notice or was the second default notice issued before termination ? as a creditor can issue as many dn"s as he likes prior to termination,and if he realised the mistake on the first DN and then sent a second one to recify his mistakes before he terminated this would be ok for them to do so.

or do you suspect the dca has knocked up a DN after termination as they had no copy of the original DN, or realised the original DN was faulty as asking for full amount etc etc

 

If you could post the DN"s up it would make it much easier to compare,and to see if they were complaint re dates,content etc

 

If you cant get the scanner working, could you post the dates of the DN"s and the dates to remedy the breach.

[dubs1967]

Hi dizzy,

 

 

I only received the one default notice for this account.

The one the DCA sent is a mock up or cock up?

Both dated 7th sept.

 

 

The original(with the wrong account number

)Gives me untill the 24thsept to settle the FULL balance of 2500.

 

 

The mock up only asks for the arrears of 390 to be paid by 24th sept.

 

 

I dont recall ever receiving a termination notice.

 

 

Can you post one up so i know what it looks like.

 

 

I must add all this happened when i had a partial settlement in place untill the 25th sept.

 

 

Many thanks dubs.

 

 

The one thing i dont beleive is that the dca is collecting on behalf of the OC as they will not listen to any offers or solutions,

 

 

i would also like to warn people about these people.

 

 

They are RESTONS solicitors of warrington.

[welshperson3]

google this it might help

 

Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998

wp3

[dubs1967]

How many payments have to be missed before default issued.I made payments in june and july,missed august because of the partial settlement offer which ran untill 25th september.

[dizzyblonde1966]

Dubs, i have been defaulted after one missed payment on one of my accounts, others have been defaulted months later,

 

What is the situation regarding your cca? is that compliant?

 

The days on the DN appear ok if they were sent first class, do you still have the envelope?

 

Re the dca"s copy being different to the original, as your SJ hearing is less than a week away i suppose your limited now on what can be done prior to court and i dont know what to suggest , but i know ide be making sure the judge compared the 2 docs and put restons to strict proof as to where they got their copy from,

Do the 2 docs look alike, ie same format, same sort of creditor heading/notepaper etc

 

Im sure more experienced gaggers will pop along to help you.

[dubs1967]

I hope the judge listens to common sense,

as i am a self employed person who knows all about that and customer service,thats why im annoyed with the muppets who have got me here.

 

 

What is the best action at court a sympathy vote or legalities or both?

 

 

thanks for your help dizzy,

 

 

good will triumph over evil as they say,

 

 

if it doesnt im becoming a traveller!!

 

 

Cant wait!!

:)Keep smiling.

[fdpm]

Hiya Dubs - Welcome to Cag - and 'subbing' just means that someone has subscribed to your thread...

 

Unfortunately you may have left it too late to get much help, with it being a Bank Holiday weekend - but I think you may be able to stall the proceedings if you haven't received all the 'evidence' from the other side - have you put in your initial defence?

 

There is tons of stuff on here regarding dodgy DNs - I would strongly suggest you make a cup of tea, settle down in front of the pc and do loads of reading - starting with the stuff in the 'sticky notices' at the top of this forum... you may then be able to find the right way to ask for an adjournment or even find something that you can use to scare Rectums off.

 

I'm certainly no expert as I'm still learning a load of stuff myself, but don't worry - someone else with more experience will come along soon. Good luck.

[dubs1967]

Thanks.Kind words=Nice person.I love the miss spelling of rsoles.:lol:Cheers dubs.

[dubs1967]

How about this then.

 

 

On a seperate account,

 

 

MBNA sold it to vardey investments on 30th august,

 

 

i was issued with default on 7th sept.

 

 

Something seriously wrong there then?

 

 

When i have mentioned all this to restons they said they can only comment on the account they hold which is not the one sold to vardey.

 

 

MBNA used two different tracks obviously to make things difficult,

 

 

surely i will be able to use this as evidence in court as this started the alarm bells ringing

as i had untill the 25th sept to settle both accounts on the partial settlement agreement

(which i must add must of been a [problem]).

 

 

Cheers dubs.

[supasnooper]

You'll need to get a Witness Statement together to oppose the Summary Judgment.

 

You'll need to file and serve this ASAP or it may be disallowed.

 

Have a look at these threads for some info -

 

http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/170484-fairbyblue-mbna-restons-court.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/160395-restons-court-action.html

 

and

 

pt2537's guide to Witness Statement format

 

 

pt2537's guide to Witness Statement content

 

 

Witness Statement Exhibit Cover

 

and

 

BRW's post on What to pack for a day in court

 

 

Fiinish the Witness Statement by stating you wish to seek your costs if the Claimants application is unsuccessful.

 

 

Finally, you will also need to get your costs sheet sorted if you successfully oppose the Summary judgment. As a guideline, a London barrister would charge approx £1200 and Restons costs would be added on so the costs could be around £1500. As an LIP, you are entitled to claim up to 2/3rds of the Claimants costs plus disbursments.

 

Have a look at these threads on how to set out your costs.

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

also

 

Liabilty for Costs CPR 38.6

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

Time limit for claiming costs - Surfaceagentx20

[dubs1967]

Flippin eck,its getting complicated for a so called non priority debt!!!

[supasnooper]

Let me put it this way then.

 

Restons get Summmary Judgment, and the amount is ordered to be paid forthwith ( the total owed to be paid in one amount) and you don't have the cash to pay, then what happens next ?

 

Restons would trot off for a Charging Order against your property and turn an unsecured debt into a secured debt.

 

Let's move on another step, Restons get their Charging Order and then apply for an Order of Sale to get their money...you know where that leaves you !

 

Seeing as you only informed us of the Summary Judgment hearing very recently, I think you are very fortunate to get a chance to oppose it.

 

It will take a bit of work but if you read the first two threads, you'll see it can be done.

Edited April 4, 2010 by supasnooper
typo or two