Mbna Nightmare!!!!

[emmaphill]

Hi All

 

Have you ever received any information from Arrow global?

 

I have started going through your thread but at 40+ pages sorry got too long and my patience tonight is little strained!

 

I am in a right muddle with Arrow and mbna and I am slowly loosing the plot with it all! Started claiming charges back last August dragged on and on and mbna defaulted account in September and sold to Arrow whilst in formal dispute by myself. I then explained that i was in dispute with MBNa and had issued court proceedings Arrow wrote back to me saying that they were passing the debt back to MBNA. I then Requested a copy of my agreement in October from MBNA which has never been provided. On a positive MBNA paid £2500 of charges directly to me by cheque back in December but the balance remains on account which i dipute as they are in default of supplying the agreement. I have chased up copy of agreement numerous times but never not once heard anything back and nothing appeared on credit file so didn't really question it. To recap they are have been in default of my CCA request since 16th October and have paid claim in full in December. Crunch came today i was refused a remortgage as an unsettled default is showing on my record for the outstanding amount as registered by Arrow. This has appeared only in the last 2 weeks (check file regularly) but dated back to August 2006. Rang MBNA they don't own account anymore haven't since last August apparently so i said 'why did you pay me money in December for penalty charges?' they don't know as they cant access account anymore. What a farce! Any suggestions?

 

Regards

 

Emma

[Cornucopia]

Hi All

 

Have you ever received any information from Arrow global?

 

I have started going through your thread but at 40+ pages sorry got too long and my patience tonight is little strained!

 

I am in a right muddle with Arrow and mbna and I am slowly loosing the plot with it all! Started claiming charges back last August dragged on and on and mbna defaulted account in September and sold to Arrow whilst in formal dispute by myself. I then explained that i was in dispute with MBNa and had issued court proceedings Arrow wrote back to me saying that they were passing the debt back to MBNA. I then Requested a copy of my agreement in October from MBNA which has never been provided. On a positive MBNA paid £2500 of charges directly to me by cheque back in December but the balance remains on account which i dipute as they are in default of supplying the agreement. I have chased up copy of agreement numerous times but never not once heard anything back and nothing appeared on credit file so didn't really question it. To recap they are have been in default of my CCA request since 16th October and have paid claim in full in December. Crunch came today i was refused a remortgage as an unsettled default is showing on my record for the outstanding amount as registered by Arrow. This has appeared only in the last 2 weeks (check file regularly) but dated back to August 2006. Rang MBNA they don't own account anymore haven't since last August apparently so i said 'why did you pay me money in December for penalty charges?' they don't know as they cant access account anymore. What a farce! Any suggestions?

 

Regards

 

Emma

 

Hi Emma, oh you poor thing. I have never heard anything from Arrow since the initial letter saying that the account had been assigned to them. MBNA sold it whilst they were supposed to be administering a payment plan. I am surprised that you say that Arrow agreed to pass account back to MBNA which makes me think they didn't actually sell it, just put the frighteners on you.

 

I would write to MBNA and tell them that they are in default of your CCA request letter. If you PM me your email address, I will forward one of mine.

 

It demands that they remove all data with the CRA's as they have been operating your account without being in possession of a true copy of the executed agreement.

 

Don't be surprised if they respond with what we fondly call "a frankensteiner". When you hear back from them, post back or PM me and we'll see what to do next.

 

Don't panic, I am sure we can help!

 

Regards,

 

Corn x:)

[singletracker]

Corn, Rhia and any others.

 

Have any of you had a reply from MBNA with regard to your SAR N1 claim?

I know that several of us had an acknowledgement stating their intention to defend the claim - has anyone received a defence yet?

Defence was due the 30th and I know my local county court are not the quickest at issuing letters, but I've still had no reply!!

[Guest Battleaxe]

MBNA will say they are going to defend and then settle out of court. it's up to you how you want to play it, but don't settle for less that you think are your just deserts. I settled out of court and wish I had dragged them into Court screaming. It hasn't got me anywhere being nice with them and they are still in default and will not write, so I am going to have to drag them into Court anyway.

[singletracker]

Defence was due a week yesterday!!

 

I think I'll have to see if there is anything filed with the court, if not, it looks like I'll be asking for judgement. As I said, my local court does have quite a delay between filing and submission and also sending out confirmation of actions (acknowledgements etc) so it may be worth hanging on a bit more. As MBNA have not sent me anything direct as of yet, it would appear as though they do intend to defend, hence my questioning whether anyone else has received a defence yet, or an offer to settle?

[dpick]

Hi all was in pub last night talking to a mate regarding MBNA and CCA S.A.R - (Subject Access Request) problems, you know we have not treated this as a full S.A.R - (Subject Access Request) etc. When a couple of gents near us came up with this.

 

If MBNA are saying they need extra id to send details required for SAR then are they breaking data protection act by sending some of your statements to you(they sent me 3 years)IE part of what you require for SAR request, if they are not breaking data protection act then they do not require the extra id and must be breaking data protection act by not complying with your original SAR request.

 

So friends are MBNA not complying with Data Protection Act either way.

 

dpick:razz:

[singletracker]

I had something similar with Wescot who are DCA on another debt. They wanted 3 previous adresses to comply with CCA request, in order to comply with the Data Protection Act. I replied by letter, stating that if they can send a final notice, threatening court action, which has an account number, a balance and my name and address on it, surely they were already breaking the DPA. I've heard nothing more since, although I am just approaching the 12 working days plus postage time.

 

As for MBNA, keep getting cheques returned. I keep them and any letters sent, as well as copies of all that I send, so should be interesting to see why they cannot comply with my request and feel they can defend it in court. If anyone does get a defence, please post it. I will post mine if I ever receive one

[Cornucopia]

Defence was due a week yesterday!!

 

I think I'll have to see if there is anything filed with the court, if not, it looks like I'll be asking for judgement. As I said, my local court does have quite a delay between filing and submission and also sending out confirmation of actions (acknowledgements etc) so it may be worth hanging on a bit more. As MBNA have not sent me anything direct as of yet, it would appear as though they do intend to defend, hence my questioning whether anyone else has received a defence yet, or an offer to settle?

 

Hi Single,

 

MBNA have lodged a defence on MCOL. They tried to settle out of Court on my SAR non-compliance on the basis of what they sent me. Unfortunately, it is wholly incomplete so I said no thank you and returned the cheque (it was only peanuts). I am now waiting to hear from the Court.

 

Onwards and upwards!

[Guest Mincemeat]

Hi all was in pub last night talking to a mate regarding MBNA and CCA S.A.R - (Subject Access Request) problems, you know we have not treated this as a full S.A.R - (Subject Access Request) etc. When a couple of gents near us came up with this.

 

If MBNA are saying they need extra id to send details required for S.A.R - (Subject Access Request) then are they breaking data protection act by sending some of your statements to you(they sent me 3 years)IE part of what you require for SAR request, if they are not breaking data protection act then they do not require the extra id and must be breaking data protection act by not complying with your original SAR request.

 

So friends are MBNA not complying with Data Protection Act either way.

 

dpick:razz:

 

Unfortunately, this is not the case (in my case) as the data they sent out with the standard 'we are not treating this as a full sar' letter actually didn't have anything other than my surname as personal information - therefore they narrowly scrape past that legal hurdle (but leave hairs and blood on it!)

[Rhia]

Hi all was in pub last night talking to a mate regarding MBNA and CCA S.A.R - (Subject Access Request) problems, you know we have not treated this as a full S.A.R - (Subject Access Request) etc. When a couple of gents near us came up with this.

 

Just having a wee smile at the things we're all talking about down the pub these days.

Not Man U v Chelsea.

Not your other half.

Not bloody Bliar and his useless Government.

Not bin collections every two weeks.

Not even look at the baps on that!!!

Nope it's CCA and SAR.

Magnificent stuff.

[cashin]

Corn,

Sorry to butt in but this MBNA thread is just great reading. I am also having problems with MBNA and they have instructed RMA (Risk anagement Alternatives) to act on thier behalf? This may be a another DCA to add to the list. I have sent CCA to RMA no reply so far other than a non system gen letter from MBNA(makes a change) saying they are freezing all interest and charges?? and they have passed on my debt but they dont say who too. Do I still pay £1.00 token payment to MBNA or RMA?? Any suggestions.

 

Cashin

[Perseus]

In my opinion cash

Unless you get a letter advising (from MBNA) that RMA have been sold the account, or a letter from RMA that they have been assigned the debt (with a copy of the Deed of Assignment), continue to pay MBNA.

Have you been issued a default from MBNA?

Is this action after you have requested your SAR/CCA?

If so, send another letter clearly stating that the account is in dispute, - send a section 10 DPA letter from the Library templates, all to MBNA, and pursue those charges.

If RMA start chasing you without a letter from MBNA or them providing a copy of the Deed of Assignment, send them a s10 letter to, and a copy of the letter you send to MBNA to them 'For Information Purposes Only'.

 

Pers

[hellhasnofury]

Hello,

 

Sorry to jump in here but I need advise as to how to move forward with this one.

Things have now moved on. I did eventually receive my info from the S.A.R - (Subject Access Request).

 

Not had an reply from Mr Waring:evil: regarding my complaint. How rude:lol:

 

Have received a letter 24th April from Equidebt informing me that the are now the legal owners of the account. It was passed or sold to them on the 9th of April. Should I not have received a legal deed of assignment????

 

Also got a letter from mbna re cca request. They state they are unable to supply it:lol: They are now in default and nearly due to commit the criminal offence.

 

I rang equidebt re the cca request and deed of assignment. They stated that under the 6yr rule they(mbna) did not have to have it. The account was opened in 1994 and seemingly according to equidebt they don't have to keep it. I personally think it is a loads of b+++++ks.

 

Any suggestions how to handle this one

[dpick]

Hello,

 

Sorry to jump in here but I need advise as to how to move forward with this one.

Things have now moved on. I did eventually receive my info from the S.A.R - (Subject Access Request).

 

Not had an reply from Mr Waring:evil: regarding my complaint. How rude:lol:

 

Have received a letter 24th April from Equidebt informing me that the are now the legal owners of the account. It was passed or sold to them on the 9th of April. Should I not have received a legal deed of assignment????

 

Also got a letter from mbna re cca request. They state they are unable to supply it:lol: They are now in default and nearly due to commit the criminal offence.

 

I rang equidebt re the cca request and deed of assignment. They stated that under the 6yr rule they(mbna) did not have to have it. The account was opened in 1994 and seemingly according to equidebt they don't have to keep it. I personally think it is a loads of b+++++ks.

 

Any suggestions how to handle this one

 

Hi I agree with you b++++++ks if they are going to enforce a debt they need to prove there is a debt to enforce and the true terms of that debt what's to stop them saying original debt has APR of 100%

 

As you say b++++++ks

 

all the best dpick:p

[Guest Mincemeat]

The six years rule is based on when the account is closed. Unless they can prove the account was closed over six years ago they have to produce it. Tell them they will have to provide it in court and the debt is wholly unenforceable (in fact, refer to it as an alleged debt). Ask for Equidebt to state this in writing as you would like to give that to the judge in this case. Generally give them a hard time. Hey, this is MBNA, they may well yet 'find' it, but beware, I have first hand experience of their creative writing department, and it doesn't match the original one I have!

 

WW I am gunning for you.

[Guest Battleaxe]

Mr Wareing and I still have two disputes as yet unresolved, so the longer they take the more I gain interest. I am waiting for them to make the next move. I keeping it a mexican standoff.

[Guest Mincemeat]

BA, I too am at a mexican standoff with WW (as you well know). Mine is like a game of chess, a wrong move by him and wham. Oh, and he has stopped responding to my letters (hole and digging etc).

 

I have a nuclear weapon in my arsenal, produced by them and saved by me, two warheads, both of them give them about as much wriggle room as a worm in a straightjacket, encased in concrete. Oh, and the concrete will provide as much protection as wet tissue paper when I let out the big guns. We are talking about probable loss of license.

 

Your move WW, the clock is ticking, you're in breach of so much stuff (acts of parliament...... yes, acts plural, more than two, and they do carry jail sentences, and they are mutually exclusive to holding credit licenses, and they have loads of consumer interest, and Joe Public will go through the roof when they hear what shenanegans you have been up to and the number of people taking this route will increase exponentially, think of that you have already experienced as being 2.3 on the richter scale, think of an 8.7 on the horizon, enough to destroy chester towers. Believe me, these are the stakes you have dealt me, these are the cards I am holding, this is the level of resentment I am holding towards you.)

[empowered]

BA, I too am at a mexican standoff with WW (as you well know). Mine is like a game of chess, a wrong move by him and wham. Oh, and he has stopped responding to my letters (hole and digging etc).

 

I have a nuclear weapon in my arsenal, produced by them and saved by me, two warheads, both of them give them about as much wriggle room as a worm in a straightjacket, encased in concrete. Oh, and the concrete will provide as much protection as wet tissue paper when I let out the big guns. We are talking about probable loss of license.

 

Your move WW, the clock is ticking, you're in breach of so much stuff (acts of parliament...... yes, acts plural, more than two, and they do carry jail sentences, and they are mutually exclusive to holding credit licenses, and they have loads of consumer interest, and Joe Public will go through the roof when they hear what shenanegans you have been up to and the number of people taking this route will increase exponentially, think of that you have already experienced as being 2.3 on the richter scale, think of an 8.7 on the horizon, enough to destroy chester towers. Believe me, these are the stakes you have dealt me, these are the cards I am holding, this is the level of resentment I am holding towards you.)

 

 

Hi Mincemeat - fascinating stuff! I too have just applied for my nuclear weapon which I think they will unwittingly be able to supply (or not depending on how you look at it!) Will keep tracks of your progress. I have gone for the refund of charges etc first (they generously offered a partial settlement on just sending my SAR). Now that I have my list of charges and interest, certain questions popped up which I think will have to be answered once I get all my charges refunded first.

[hellhasnofury]

Hi Mincemeat - fascinating stuff! I too have just applied for my nuclear weapon which I think they will unwittingly be able to supply (or not depending on how you look at it!) Will keep tracks of your progress. I have gone for the refund of charges etc first (they generously offered a partial settlement on just sending my S.A.R - (Subject Access Request)). Now that I have my list of charges and interest, certain questions popped up which I think will have to be answered once I get all my charges refunded first.

 

Hello,

 

Can we all get this nuclear weapon, please please explain. if you can't post it can you pm me please. MBNA dove me to the depths of dispair and depression that I cannot begin to explain and I truely want my revenge and more:-x

[empowered]

Hello,

 

Can we all get this nuclear weapon, please please explain. if you can't post it can you pm me please. MBNA dove me to the depths of dispair and depression that I cannot begin to explain and I truely want my revenge and more:-x

 

Have PM'd you as we don't want the MIB knowing what we may have discovered!

[hellhasnofury]

Have PM'd you as we don't want the MIB knowing what we may have discovered!

 

Many thanks empowered, that has put a smile on my face today:D

 

Very interesting MMMMMmmmmmm:D :D

[yaffsimone1]

Have PM'd you as we don't want the MIB knowing what we may have discovered!

 

 

Any chance you could pass it on? I am at loggerheads with MBNA over degrading and upsetting letters. My thread is http://www.consumeractiongroup.co.uk/forum/general-debt/75693-mbna-rude-confrontaional-distressing.html

 

Its all gone quiet at the moment sent off my complaint to the FOS.

[empowered]

Any chance you could pass it on? I am at loggerheads with MBNA over degrading and upsetting letters. My thread is http://www.consumeractiongroup.co.uk/forum/general-debt/75693-mbna-rude-confrontaional-distressing.html

 

Its all gone quiet at the moment sent off my complaint to the FOS.

 

Have PM'd you. Your story makes absolute horrific reading - if it wasn't so serious it would be laughable at what they think they can do and get away with. Luckily my case should be quite straightforward as I have no DCA's involved - was always too frightened into paying up - wish I had known about CAG then! At least the phone is quiet now and if it does ring for husband, we can have fun with the other person on the line!

[joneshousehold]

Not sure I understand either but I can be a bit dense somethimes. Would you mind sending me a pm too please?

[redsue]

I too am at a mexican standoff with WW (as you well know). Mine is like a game of chess, a wrong move by him and wham. Oh, and he has stopped responding to my letters (hole and digging etc).

 

Oh!! I feel left out - MBNA and WW haven't even had the decency to respond to any of my letters regarding a CCA request - account now in dispute and they still seem to be charging interest... I'm just waiting for them to take this months DD - more rope to hang themselves with - what a bunch of muppets they are...

I'm keeping my S85 in reserve and will let them have that soon too