Mbna Nightmare!!!!

[Cornucopia]

Just an update.................well nothing to update really, e-mailed Gavin again last night asking for an update, nothing today...........AGAIN!

 

Nothing from Eversheds.

Nothing from Arrow Global.

 

I have written six letters to both of them but they have not even acknowledged one.............how bloody rude!

 

Eversheds CCA runs out on Friday, Arrow's on the 2nd of Feb.

 

Have issued a SAR to MBNA, even though they say they have returned all the charges to the account (we have no evidence of this yet as they have sold the account therefore we are no longer receiving statements). I want to see the Deed of Assignment and I want all the account details in case we have to go to Court. Wonder if this is why they are ignoring me?

 

I have held off complaining to the FSA, OFT and IC, I think I will just go ahead and do it anyway, they are not doing themselves any good at the end of the day!

 

Stansfield, I tried to reply to your PM but your inbox was full so it rejected it! I am not ignoring you! Will try again x

[iwannabedebtfree]

keep going cornucopia i rang them yesterday and they advised the person i wanted to speak to would return my call...just like he said he would last week too...and guess what...yup they dont want to speak!...keep chasing it up, the more action you are taking against them they will relent if they are in the wrong, im just counting down the days now no longer care what MBNA has to say for itself, i want my day in court.

[Cornucopia]

keep going cornucopia i rang them yesterday and they advised the person i wanted to speak to would return my call...just like he said he would last week too...and guess what...yup they dont want to speak!...keep chasing it up, the more action you are taking against them they will relent if they are in the wrong, im just counting down the days now no longer care what MBNA has to say for itself, i want my day in court.

 

You know what? I am beginning to feel the same. I do have an update though!

 

Today we received this letter from Eversheds (Arrow Global's Solicitor). Please bear in mind that they have thus far ignored an initial letter asking them to hold off while I found out what the hell had gone on (ie : MBNA selling debt without our knowledge), a CCA request of which the 12 days are up this Friday and a warning letter telling them account was in dispute and that their intimidating letters were not acceptable blah blah :

 

Dear Sir,

 

You have failed to repay the sum of £15,820.24 owed to our Client.

 

To avoid further action payment of £15,820.24 must be made to this office within the next 7 days. Payment methods blah blah....

 

If you are unable to pay the amount in full, you must telephone us immediately on ..... to make a suitable arrangement.

 

Should you fail to make payment or to contact this office as directed, legal action may be taken against you without further notice. We may first instruct and Debt Collection Agent to call at your home to recover the debt from you. These actions would incur additional costs for which we would hold you liable.

 

Legal proceedings would involve a County Court Judgement order (CCJ) being sought against you. Once obtained, it could be enforced using one or more of the following actions :

 

1. Warrant or Execution - A Bailiff would visit your home in order to remove goods to the value of the debt (ha bloody ha).

 

2. Attachment of Earnings Order - Your Employer would be ordered by the Court to deduct monies outstanding from your salary (as my husband is his own Employer, I doubt he would agree to this!).

 

3. Charging Order - If you are a homeowner, a charge which would secure the debt against your property would be obtained.

 

4. Order to Obtain Information - Your would be questioned under oath before an officer of the Court in connection with your financial circumstances.

 

Do not ignore this notice, further recovery action will commence if you do not act now.

 

Yours fatihfully

 

Eversheds LLP

 

 

How bloody dare they when they have completely ignored me! Let them stand up in Court and say they have ignored my letters! Can anybody advise as I am shaking with anger! I'm also at work so shouldn't really be doing this here. I am not prepared to enter into telephone dialogue with them, not at this stage, given the severity of the situation. Am I right in doing this? HELP!!!!

[iwannabedebtfree]

Cornucopia,

 

sadly i spoke to MBNA this morning and they have coughed up the charges and interest, i am gutted as i wanted my day in court (could still get it tho). have you tried sending in token payments? i.e. minus all the charges interest and anything else you are claiming, and send arrow token £1 payments whilst you are waiting a response to your letters. I would write to them telling them the account is currently in default whilst you are waiting for MBNA and court action is due to occur, before that though have they sent the deed of assignment to you? can arrow supply you with a true copy of your credit agreement?. i dont know what MBNA's strategy is at the moment as there was no ifs or buts on the phine just we are refunding your charges and compounded interest we will geta manager to authorise it and it will be on your statement next month, so really dont know what they are thinking of, however they did admit to being very busy due to some people requesting money back

[Cornucopia]

Cornucopia,

 

sadly i spoke to MBNA this morning and they have coughed up the charges and interest, i am gutted as i wanted my day in court (could still get it tho). have you tried sending in token payments? i.e. minus all the charges interest and anything else you are claiming, and send arrow token £1 payments whilst you are waiting a response to your letters. I would write to them telling them the account is currently in default whilst you are waiting for MBNA and court action is due to occur, before that though have they sent the deed of assignment to you? can arrow supply you with a true copy of your credit agreement?. i dont know what MBNA's strategy is at the moment as there was no ifs or buts on the phine just we are refunding your charges and compounded interest we will geta manager to authorise it and it will be on your statement next month, so really dont know what they are thinking of, however they did admit to being very busy due to some people requesting money back

 

I am delighted for you! You have won whatever! Well done!

 

I have written to Arrow & Eversheds telling them account is in dispute. I am awaiting a copy of the Deed of Assignment following my request to MBNA via a SAR. I sent a CCA to Eversheds which is due to expire this Friday. I sent one to Arrow last Wednesday which is due to expire on the 2nd. If neither can produce a copy of the original agreement, I fail to see how they can enforce the debt at all. The way Eversheds worded the letter, they are clearly expecting to just go ahead and get a Judgement. I don't think so! I am more than prepared to stand up and be counted in Court. MBNA have failed us so badly and I can prove that. Given that they gave us 1 day warning of a default to our account via EMAIL that we did not receive and was not followed up in writing, I think we have a very good case. I could go on and on but it is nothing you haven't read in all the posts above.

 

Am very very angry today!

[iwannabedebtfree]

I fully understand Cornucopia and you have every right to be annoyed. I think the mentality of solicitors and DCA's at the moment seem to be to put as much pressure on people to make them relent, but if they do take court action you will get lots of support from here. I wouldnt be delighted for me as its a hollow victory, like you i went through the MBNA sh*te just the debt never got sold as they went into a payment plan with me, but you have been shafted and if we can give any advice to sort it out then feel free to ask. I am due to continue action over the default and the payment protection cover, silly thing is im not in a situation to take action til end of february but have completed most of my witness statement and draft N1 so if you want to bounce ideas through the forum then i think we can all offer support.

 

Eversheds may turn round and say they have passed the CCA request onto their client as they are only acting for them and it has nothing to do with them, i would wait for arrows to produce or not produce the cca agreement, and also the deed of assignment, if they say there is a debt then let them prove it.

[chorlton1]

Cornucopia,

We are all still here for you - whatever help you need just shout

x

[stan5131]

Give them enough rope and they will hang themselves. Eversheds letter is bullying and intimidatory. I would make a complaint to Trading Standards and the Law Society. Copy the letter to both, together with copies of your letters disputing the debt. Are you making payments directo to MBNA as agreed? Any action they take can be counterclaimed! This is just unbelievable. Right arm doesnt know what left arm is doing! Most importantly, if you continue making payments, this will make them look even more aggressive.

[Cornucopia]

Give them enough rope and they will hang themselves. Eversheds letter is bullying and intimidatory. I would make a complaint to Trading Standards and the Law Society. Copy the letter to both, together with copies of your letters disputing the debt. Are you making payments directo to MBNA as agreed? Any action they take can be counterclaimed! This is just unbelievable. Right arm doesnt know what left arm is doing! Most importantly, if you continue making payments, this will make them look even more aggressive.

 

Hello Stansfield! Am I glad to see you, firstly could i just say thank you to Chorlton and iwannabedebtfree for their v.supportive posts!

 

I have had the most peculiar email from MBNA this afternoon, I don't want to post it at the moment but could do with a chat if you could spare me the time! I can either PM you or call me and I'll call you straight back, I am sorry to anybody who is reading this - it sounds like a private party! I hope to share with everybody else as soon as I can suss out what is going on but would like the expert advice of Stansfield first!

[stan5131]

Have just pm'd you. Speak to you tomorrow.

[chorlton1]

Your thread is better than the new series of "24", mainly beacuse we know you will win but just dont know when!

 

Intrigued by your MBNA email.........

[Cornucopia]

Your thread is better than the new series of "24", mainly beacuse we know you will win but just dont know when!

 

Intrigued by your MBNA email.........

 

Ha Ha Chlorlton, what a compliment! I would say it was better than "Most Haunted", mind you a lot of things are.......!

 

I can't, unfortunately, expand too much on the current situation, however, any further correspondence from Arrow or Eversheds will be posted a.s.a.p. Be patient and keep watching!!

 

Thank you all for your support which is so much appreciated I can't possibly tell you!

[chorlton1]

"Most Haunted"?!?!?!

 

Never ever ever turn off the lights in this thread!

[iwannabedebtfree]

keep going cornucopia, i may have got my charges back but phase two has begun, will be here for moral support!

[Cornucopia]

keep going cornucopia, i may have got my charges back but phase two has begun, will be here for moral support!

 

Thanks so much! Will keep you posted with any developments, looking forward to seeing your battle commence!!

[Cornucopia]

Morning guys,

 

Just an update, Eversheds CCA ran out on Friday, so they are now in breach. Arrow Global's CCA runs out next Friday, still no sign of the agreeement!

 

I have still heard nothing from Gavin Theobald regarding his negotiations with Arrow Global. Time is seriously running out and Eversheds sent a letter to me last Tuesday (as posted somewhere above) saying that we had 7 days to settle in full or they were commencing legal proceedings.

 

I have had no response to my SAR to MBNA, although this is still within the usual time constraints, however, this request included a copy of the Deed of Assignment so they really need to get their arses in gear. It is funny how they have all gone silent. I am also considering ringing Bill Wareing at MBNA, any thoughts on this anybody?

 

Am off to write my complaint letters to The Law Society, OFT and the Information Commissioner. Will enjoy this..................

[iwannabedebtfree]

corn. ru thinking of s85 like Battleaxe?

[Cornucopia]

corn. ru thinking of s85 like Battleaxe?

 

Hi Iwanna, Section 85? Could you enlighten me???

[iwannabedebtfree]

general section go to consumer credit act agreement discussions there are three people discussing s85 and it sounds interesting cornucopia

[Cornucopia]

general section go to consumer credit act agreement discussions there are three people discussing s85 and it sounds interesting cornucopia

 

Thanks for that! I have been having a look and it seems also that MBNA did not provide my husband with a new copy of the credit agreement when they reissued the card, so there is a breach there aswell.

 

Further, I have just done a search on the Information Commissioners Data Protection Register and there is no match for either Arrow Global LLC or Eversheds LLC. I am sure I am being an idiot, but does that not mean that they should not be demanding money if they are not registered?

 

Please correct me if I am wrong?!

[iwannabedebtfree]

if they are not registered under the DPA they cannot process your data. as for chasing you for money they would need a licence and be regulated i think maybe under FISA? or another one of the debt collection regulators.

[Cornucopia]

if they are not registered under the Data Protection Act they cannot process your data. as for chasing you for money they would need a licence and be regulated i think maybe under FISA? or another one of the debt collection regulators.

 

By processing my data, what would this entail, I am sorry for being a pain but suddenly by reading other unconnected threads, I am finding out all these different things that I wasn't aware of and that might help my case. At the bottom of Arrow's correspondence (in very small letters), it say they are an "overseas member of the Credit Services Association". It also says that they are Member Company of csa, dbsg. Nothing about being regulated under the FSA or anything like that.........hmmmm

[seniorservice]

Eversheds LLP use the Law Society Group Consumer Credit Licence number G900001 dated 28.7.05 which covers (amongst other things) debt collection activities in the course of their work as solicitors only (that is pre and post litigation) If you have any problems with them send me a message and I can give you the name of the person that is dealing with complaints about them at the OFT. The OFT have had continual problems with complaints about solicitors and only renewed the Law Society licence for three years this time (normally five) because of their inablility to regulate their members properly. I get the feeling that the OFT are no great fans of solictors who hide behind the Group Licence meaning that you have to go through the Law Society's complaints procedure before the OFT get to hear about any problems.

[Cornucopia]

Eversheds LLP use the Law Society Group Consumer Credit Licence number G900001 dated 28.7.05 which covers (amongst other things) debt collection activities in the course of their work as solicitors only (that is pre and post litigation) If you have any problems with them send me a message and I can give you the name of the person that is dealing with complaints about them at the OFT. The OFT have had continual problems with complaints about solicitors and only renewed the Law Society licence for three years this time (normally five) because of their inablility to regulate their members properly. I get the feeling that the OFT are no great fans of solictors who hide behind the Group Licence meaning that you have to go through the Law Society's complaints procedure before the OFT get to hear about any problems.

 

Thank you Seniorservice, that is very useful, I would be grateful if you could let me have the name of the person at OFT. I have today written to the Law Society in connection with Eversheds behaviour towards me, non-compliance of a CCA request and threatening behaviour, aside from the face they have ignored every piece of correspondence sent to them via recorded delivery. The funny thing is that I have had to deal with them fairly regularly through work and here they are making my life a bloody misery!!!

[stan5131]

Hit them with everything you can after the way you have been treated. But dont forget, you have the best card up your sleeve yet.