Mbna Nightmare!!!!

[stan5131]

Eversheds

Somewhere

England

 

 

 

BE WARNED

 

Dear Sirs,

 

Your Ref::::

 

Further to letter dated xxx, please be advised that the above debt is now in dispute. I am awaiting the return of my Subject Access Requested from MBNA under the Data Protection Act 1988 as I believe the above debt to contain fair proportion of unlawful penalty charges. I have also issued a CCA request to xxxx under the Credit Consumer Act 1974.

 

Please be adivsed that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, I am presently continuing reduced payments as per agreed by MBNA themselves (see attached correspondence). In this light, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

I trust this now clarifies my position.

 

Yours faithfully,

[Cornucopia]

Eversheds

Somewhere

England

 

 

 

BE WARNED

 

Dear Sirs,

 

Your Ref::::

 

Further to letter dated xxx, please be advised that the above debt is now in dispute. I am awaiting the return of my Subject Access Requested from MBNA under the Data Protection Act 1988 as I believe the above debt to contain fair proportion of unlawful penalty charges. I have also issued a CCA request to xxxx under the Credit Consumer Act 1974.

 

Please be adivsed that this debt is unenforceable whilst in dispute and any action taken by yourselves will be vigorously defended. Furthermore, I am presently continuing reduced payments as per agreed by MBNA themselves (see attached correspondence). In this light, not only will any action by you be defended, but take note that I will issue a counterclaim for stress and damages.

 

I am frankly shocked by the contents of you letter, which uses the term 'we will send bailiffs'. I am forwarding a copy of your letter to Trading Standards with an official complaint as your abuse of power is obviously intended to intimidate. As you are well aware, you do not have the authority to send bailiffs without a court order.

 

I trust this now clarifies my position.

 

Yours faithfully,

 

Thank you Stansfield, I am going to PM you!!

[Cornucopia]

Just a quick update, I have written a strongly worded letter to Eversheds based on the template provided above by Stansfield. I have attached all correspondence with MBNA to back it up.

 

To date, we still have not received an acknowledgement of any of the correspondence we sent to Arrow Global or to Eversheds, including the CCA request. Shocking! They can't even deny receiving it, as it was all sent "signed for".

 

MBNA know they have screwed up here, especially by giving us 1 days notice of a default being issued VIA E-MAIL and worse than that, an e-mail we didn't receive! They didn't even put it in writing! I find that just astonishing! At present, Gavin Theobald is negotiating with Arrow Global on our behalf. I have also asked him about removing the default from my husband's credit file, given that we didn't know a default was being applied and we also were not informed in writing of this by MBNA. He is coming back to me on that one.

 

Will keep you posted.................

[Cornucopia]

Just a quick update, I have written a strongly worded letter to Eversheds based on the template provided above by Stansfield. I have attached all correspondence with MBNA to back it up.

 

To date, we still have not received an acknowledgement of any of the correspondence we sent to Arrow Global or to Eversheds, including the CCA request. Shocking! They can't even deny receiving it, as it was all sent "signed for".

 

MBNA know they have screwed up here, especially by giving us 1 days notice of a default being issued VIA E-MAIL and worse than that, an e-mail we didn't receive! They didn't even put it in writing! I find that just astonishing! At present, Gavin Theobald is negotiating with Arrow Global on our behalf. I have also asked him about removing the default from my husband's credit file, given that we didn't know a default was being applied and we also were not informed in writing of this by MBNA. He is coming back to me on that one.

 

Will keep you posted.................

 

Just wanted to ask........when we received the termination notice from Arrow Global, they told us that all correspondence should go through Eversheds. I subsequently issued a CCA to Eversheds who have not responded in 16 days. I would like to issue another CCA, do I send it to Arrow or directly to MBNA as they are the original issuers of the card in question. Does this make a difference even if they have sold the debt? I am pretty sure Stansfield said to send to MBNA, could anybody confirm? Also, do I have any comeback on Eversheds given that they have ignored my CCA request? Thank you!!!

[Cornucopia]

Sorry, I am asking a lot of questions today!

 

I want to ask for a copy of the Deed of Assignment (ie : when MBNA sold the debt to Arrow Global) and also how much they actually bought the debt for.

 

Again, Stansfield has been fantastic with this but I had so much to take in, I have kind of lost the plot!

 

Do I ask MBNA for the Deed and how much they sold the debt for? Or, do I ask Arrow Global for the Deed and how much they bought it for? Or both?

 

Is there a template letter for this? I have looked but can't see anything specific. Could anybody help me with this?

[Cornucopia]

Sorry, I am asking a lot of questions today!

 

I want to ask for a copy of the Deed of Assignment (ie : when MBNA sold the debt to Arrow Global) and also how much they actually bought the debt for.

 

Again, Stansfield has been fantastic with this but I had so much to take in, I have kind of lost the plot!

 

Do I ask MBNA for the Deed and how much they sold the debt for? Or, do I ask Arrow Global for the Deed and how much they bought it for? Or both?

 

Is there a template letter for this? I have looked but can't see anything specific. Could anybody help me with this?

 

AM JUST BUMPING! CAN ANYBODY HELP WITH MY TWO POSTS ABOVE?

 

THANK YOU!!

[stan5131]

hang on. just reading your posts

[Cornucopia]

hang on. just reading your posts

 

Ahhhhhhhhh! SO pleased to see you! Have just been aquainting myself with Battleaxe's thread! I thought I was having problems............:o

 

Just off to make a cup of tea......

[stan5131]

Ok. Send CCA request to Arrow. When your SAR request comes back from MBNA it should include details of the debt being passed on. Once the SAR comes back, then write back to them saying that they did not include a copy of the original agreement and that you would like a copy. What should happen, is that Arrow cant supply it, then thats because they cant get one from MBNA because they dont have it.

[stan5131]

Summing up.... If the original agreement exists, then Arrow will do their utmost to produce it.

[Cornucopia]

Summing up.... If the original agreement exists, then Arrow will do their utmost to produce it.

 

Right, fantastic! Although I am not holding my breath at getting any response from Arrow, they are totally obstinate it appears! I have emailed Gavin tonight to ask for an update on the "negotiations" he was doing for me. I do wonder about this, would they usually negotiate on your behalf if they knew they had carried out their job to the letter? I am not so sure.........

 

I am hoping to be able to get on the site tomorrow, I have been posting from work which is very naughty:shock:. I will then update the situation.

 

I am also drafting my complaint in full to the FSA, OFT & IC. The more I think about it and the more I read, I really think MBNA should be severely taken to task. They are ruining lives!

 

Thank you Stansfield for your support! xx

[Cornucopia]

Ok. Send CCA request to Arrow. When your S.A.R - (Subject Access Request) request comes back from MBNA it should include details of the debt being passed on. Once the SAR comes back, then write back to them saying that they did not include a copy of the original agreement and that you would like a copy. What should happen, is that Arrow cant supply it, then thats because they cant get one from MBNA because they dont have it.

 

Sorry, can I just clarify, when the SAR comes back from MBNA, it is MBNA I write to to say I want a copy of the agreement? Is that correct?

[stan5131]

Yes. But by that time, you will probably know whether or not one is available as Arrow will have sent this to you. If they dont, then you can point this out to MBNA and ask them where it is. You could ask MBNA for it, but you are just asking for it twice. Upto you.

[Cornucopia]

Yes. But by that time, you will probably know whether or not one is available as Arrow will have sent this to you. If they dont, then you can point this out to MBNA and ask them where it is. You could ask MBNA for it, but you are just asking for it twice. Upto you.

 

Right, all clear, thank you!

 

Do you have any thoughts on asking for the Deed of Assignment and how much Arrow have actually bought the debt for? Should I leave this until later?

 

Sorry, I must be driving you up the wall!

[stan5131]

A CCA request requires them to include a copy of the agreement AND deed of assignment. How much they bought the debt for will be difficult to get out of them. They can be made to disclose this at court. You will probably have a better chance of getting this information from MBNA. Wait til SAR comes back, we can see what is missing and then request it.

 

You are not driving me up the wall lol. Its a pleasure to help!

[Cornucopia]

A CCA request requires them to include a copy of the agreement AND deed of assignment. How much they bought the debt for will be difficult to get out of them. They can be made to disclose this at court. You will probably have a better chance of getting this information from MBNA. Wait til S.A.R - (Subject Access Request) comes back, we can see what is missing and then request it.

 

You are not driving me up the wall lol. Its a pleasure to help!

 

Right OK, I will send the CCA to Arrow tomorrow & SAR the following day (only because of time constraints!).

 

Bless you, thanks again for everything!

[Cornucopia]

Hello, just a daily (boring) update!

 

Emailed Gavin last night requesting information on his negotiations with Arrow Global. Not a sausage when I got in!

 

Nothing in this morning's post either, although I did issue Arrow Global with a CCA request today given that Eversheds have ignored the one I sent them.

 

I am going to email again tonight, cc in Michael Rhodes and stick it on the fax for good measure.

 

Happy days!

[Cornucopia]

Just an update........

 

Good God, these people are painful! A few days ago, Gavin Theobald asked me to tell him what amount we could maintain each month in order that he can negotiate with Arrow Global who have bought the account. I replied straight away. He replied back. Heard nothing for 2 days, e-mailed him again and reminded him that he hadn't got back to me and given that Eversheds (Arrow's Solicitor) was threatening Court, it was rather URGENT!!! He emailed me back to say that he could do nothing until I confirmed how much we could maintain each month. For GOD's SAKE!!! I confirmed I had, in fact, done this and sent him the whole chain again so that he could see he had actually replied! Have heard diddly squat. No response from my letters to Arrow, no response from Eversheds, despite the fact they have had a CCA letter and a "warning" letter, kindly supplied to me by Stansfield. I think I can do nothing more now other than wait. I am preparing a bundle in the event this goes to Court, I think I have to be prepared for that eventuality given the laid back attitude of MBNA. The 12 days are nearly up on Evershed's CCA. Arrow have a little longer. I can't wait to see if they can actually produce the 10 year old agreement. Onwards and upwards...............

[iwannabedebtfree]

Keep in there cornucopia, sadly MBNA say things and do the opposite. i have been that bored with their antics over the past week, i have taken a payment break on my loan to ensure i have the money for my N1 next month, in a sarcastic response to their gesture of goodwill, i have given them another month to think about refunding my charges and interest, before i slap in my court docs.

 

dont let them squirm out of the situation, they like nothing more than customers who relent and stay silent!

[Cornucopia]

Keep in there cornucopia, sadly MBNA say things and do the opposite. i have been that bored with their antics over the past week, i have taken a payment break on my loan to ensure i have the money for my N1 next month, in a sarcastic response to their gesture of goodwill, i have given them another month to think about refunding my charges and interest, before i slap in my court docs.

 

dont let them squirm out of the situation, they like nothing more than customers who relent and stay silent!

 

Thanks so much for your support! I am beginning to realise we have been taken for a complete ride. I think I need to find out of there are any legal avenues I can take regarding this situation. As you have probably read, they were supposed to be administering a payment plan but decided instead to sell the account to a DCA having given me 1 DAYS notice via EMAIL (which we didn't receive!) that a default was being applied the next day. Nothing in writing at all. I am sure I have some legal recourse somewhere!

 

I wish you lots of luck with your claim, although you won't need it! Thank you again

[stan5131]

Its just a waiting game now. Try not to worry. You have done everything to resolve this and any court will see their incompetence.

 

The debt is now in dispute and court action will only leave them with egg on their faces. I doubt very much that they will issue any action at this stage.

[joneshousehold]

Great thread. Good luck Cornucopia. With Stansfield's help you seem to have become empowered. Well done.

 

MBNA are useless but sadly only as useless as all the others. Mind you we haven't seen a good one yet!

[Cornucopia]

Great thread. Good luck Cornucopia. With Stansfield's help you seem to have become empowered. Well done.

 

MBNA are useless but sadly only as useless as all the others. Mind you we haven't seen a good one yet!

 

 

Thank you very much! Still nothing today, nothing in the post, nothing on the e-mail! Am not surprised really!

 

[chorlton1]

Keep the faith and I am sure you will resolve everything to your satisfaction - I am sure I am not the only person watching your thread with interest.

I am really looking forward to seeing you win

[Cornucopia]

Keep the faith and I am sure you will resolve everything to your satisfaction - I am sure I am not the only person watching your thread with interest.

I am really looking forward to seeing you win

 

Thank you all so much for your support, I would have had a nervous breakdown without it!

 

Still waiting for them to send the original agreement.............time's running out!!!!