Mbna Nightmare!!!!

[chorlton1]

Only posting this because:

 

1) havn't said hi for a while so....HI!

2) I noticed your thread had slipped down the page again, and we can't have that, can we!

 

3) the little I have read about the about the s85 thingy says that the debt remains the debt, and all that is potentially voided are the terms and conditions - if you borrowed money, had it paid into your bank account and paid back the lender from your bank account then couldnt pay, you have demonstrated receipt of the debt (its shown in your bank statements) and an awareness of the debt and of an agreement to repay on a structured basis (its also shown in your bank statements) and as such a court could not, even if there was no signed contract, say the original debt didnt exist. There are a load of threads on this somewhere but I can find them...will have a look later.

[ladybird17]

S85 - as applied to credit cards - clearly states that every time the card is renewed, the issuer MUST send a copy of the original agreement. Loads on this in the Consumer Credit Agreements thread - but takes some reading and may make your brain hurt!

[Cornucopia]

Only posting this because:

 

1) havn't said hi for a while so....HI!

 

2) I noticed your thread had slipped down the page again, and we can't have that, can we!

 

3) the little I have read about the about the s85 thingy says that the debt remains the debt, and all that is potentially voided are the terms and conditions - if you borrowed money, had it paid into your bank account and paid back the lender from your bank account then couldnt pay, you have demonstrated receipt of the debt (its shown in your bank statements) and an awareness of the debt and of an agreement to repay on a structured basis (its also shown in your bank statements) and as such a court could not, even if there was no signed contract, say the original debt didnt exist. There are a load of threads on this somewhere but I can find them...will have a look later.

 

Hi Chorlton, thanks for your post and the bump!

 

I haven't issued an S85 default yet, I have only mentioned it in my letter to Bill Wareing so he knows I am serious about this!

 

Onwards and upwards!!

[Cornucopia]

 

What is my thread doing all the way down there?! How RUDE!!!

 

Joking aside, I have been doing a bit of research into the Arrow/Eversheds connection and it is all a bit dubious frankly. Will post more when I am sure. According to the DCA/Solicitor thread, Eversheds are "dormant", although I also know they are a very large law firm with a lot of fingers in a lot of pies (I have had to deal with them in the course of my work). I also think that the person signing the Arrow Global letters actually owns a call centre business (will refrain from naming at minute). Also, Arrow are a subsidiary of the Sallie Mae Group of Companies (who are American) but who appear to have a very lucrative line in consolidating student loans. It's all so weird!!!

 

Anyway, I have found the head of department at Eversheds who deals with "recoveries". He is going to get a very strong letter from me on Monday, along with the details of my case file with the Law Society. Ignore me? How VERY dare they!!!

 

Anyway, rambling again, it must be all that snowy air, loads of snowman building and snowball fights I have had to have all day with my daughter. I wouldn't bloody mind but they have closed school tomorrow aswell (because of ice!). Outrageous, they are on half term next week and I can't do my gym classes tomorrow. I love Friday a.m. at the gym.

 

Rambling again..........only 2 glasses of red though Stan, just in case you're wondering.......:o:D

[singletracker]

Keep at it, I'm still awaiting promised cheques and will keep fighting MBNA to remove default.

CCA request has a little over a week to go for DCA (lowell), send LBA to MBNA on Valentines. I WILL get what I want!!!

Chilly cycle home after 4 lovely pints of real ale, duvet is calling! Goodnight all.

[m55dlc]

Only posting this because:

 

1) havn't said hi for a while so....HI! :D

 

2) I noticed your thread had slipped down the page again, and we can't have that, can we!

 

3) the little I have read about the about the s85 thingy says that the debt remains the debt, and all that is potentially voided are the terms and conditions - if you borrowed money, had it paid into your bank account and paid back the lender from your bank account then couldnt pay, you have demonstrated receipt of the debt (its shown in your bank statements) and an awareness of the debt and of an agreement to repay on a structured basis (its also shown in your bank statements) and as such a court could not, even if there was no signed contract, say the original debt didnt exist. There are a load of threads on this somewhere but I can find them...will have a look later.

 

The issue of s85 in relation to credit cards means they are unable to enforce their terms and conditions, therefore they cannot charge interest or charge you for anything or even process your personal data. Of course you are liable for the money you have borrowed, but not the 24.9% APR they have charged you illegally for the privilige

 

Hi everyone, I'm an MBNA basher and I'm currently subscribing to the juciest of threads for my own battles currently underway.

[m55dlc]

Without Prejudice

 

 

Dear Sir/Madam

Further to you/my letter dated xxx

 

By not providing me with copies of certified true copies of the disputed credit agreements and statements for each account, your company has now failed to meet it's obligations under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

77 Duty to give information to debtor under fixed-sum agreement

 

(4) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

78 Duty to give information to debtor under running-account credit agreement

a) state of account, and

b) the amount, if any, currently payable under the agreement by the debtor to the creditor

 

(6) If the creditor under an agreement fails to comply with subsection (1) -

a) he is not entitled , while the default continues, to enforce the agreement and -

b) if the default continues for one month he commits an offence.

 

I understand by failing to provide me with the documentation, I requested your company has committed a criminal act. I am now of the opinion that you are unfit to hold a Consumer Credit Licence as determined by the fitness test outlined in the Consumer Credit Act 1974 (section 25).

 

25 Licence to be a fit person

(2) a) contravened any provision made by or under this Act, or by or under other enactment regulating the provision of credit to individuals or other transactions with individuals.

d) engaged in business practices appearing to the Director to be deceitful or oppressive, or otherwise unfair or improper (whether lawful or not)

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Credit Consumer Act 1974 and therefore is a complete defence to any court claim that is issued.

 

Please note, I do not acknowledge any debt to XXX

 

I must insist upon the removal of any defaults entered against my name. You have 7 days to comply and confirm in writing or I will apply to my local Sheriff Court for an order to enforce compliance, together with damages at the discretion of the court. I will then be forced to make the relevant authorities, including but not limited to Trading Standards, The Office of Fair Trading, The Information Commissioners Office, The Financial Ombudsman and The Financial Services Authority aware that you have committed a criminal act.

 

I look forward to your quick response to my correspondence.

 

Yours sincerely

 

Stan, are you north of the border? You mention Sheriff in your letter - usually quite a giveaway. We need a copy of this for the UK (or maybe Corn is Scottish and it is me who has got the wrong end of the stick). Anyhow, would all potential users of this letter be aware that in my humble opinion (and I am not a solicitor) is that this is a letter for use in Scotland and not for any other part of the UK. If this is wrong, please correct me (as I'm going to use it myself against MBNA as they've provided me with an application form instead of an agreement too).

[Cornucopia]

I'm not sure about that one actually, I wonder if you can transcribe the Sheriff bit for County Court or something like that? Are you there Stan, can you advise?!

 

Sorry thread has been quiet for a while, I have been laid up with the most awful virus and still feel very wobbly so haven't been giving site my full attention.

 

Just to update, there has been no news whatsoever from Eversheds or Arrow since I sent my evil letter to Bill at MBNA and wrote Eversheds a very angry letter and copied it to Arrow (are you still with me......). It has been a fortnight tomorrow since last threatening letter from Eversheds and there is still no sign of the agreement and both Arrow and Eversheds are fast creeping towards criminal default. How exciting!

 

I wonder what is going on that I can't see??

[stan5131]

Im here. just having a read

[Cornucopia]

Im here. just having a read

 

Hello Stan! How are you? Hope all OK. Could you have a very quick look at Gaz vs MBNA about two threads below. He has a question about default removal due to charges that I can't answer. Only if have a minute:)

[stan5131]

Hi. I have given this letter to several people and changed it about according to their circumstances. I posted this as last edited. The use of the word Sheriff can be changed to County Court. However, if sent as it is, the word Sheriff will have little bearing. The main context of the letter are the key factors.

[Cornucopia]

Hi. I have given this letter to several people and changed it about according to their circumstances. I posted this as last edited. The use of the word Sheriff can be changed to County Court. However, if sent as it is, the word Sheriff will have little bearing. The main context of the letter are the key factors.

 

Thanks for that hun!

[InKogneeToh]

Hi all

 

Sorry for butting in on this thread but there are a couple of points I would like to make that are relevant and might help.

 

First, only the creditor is obliged to comply with a CCA request. If, as in this case, the debt has been sold to a DCA then they are the new creditor and the CCA request goes to them. If it hasn't been sold but a DCA is just acting as an agent then the request goes to the original creditor. You have sent your request to Arrow and they are therefore obliged to comply.

 

But, you have also sent a CCA request to Eversheds. They are just solicitors, not the creditor and therefore do not have to comply and so are not in default of anything.

 

Secondly, there is no obligation under the CCA for a creditor/DCA to send a copy of the deed of assignment. Of course you will want to press them for this if you want proof that the debt has been legally assigned but they do not have to supply.

 

Finally, a default notice must be issued in a certain way and contain prescribed information. It must also give at least 7 days notice before it can be acted upon. If it is not done properly then it must not be registered on your credit file.

 

Hope this all helps in some way and I wish you the very best of luck with this mob!

 

regards, Pam

[seniorservice]

As from 1st October 2006 the time period for rectifying a breach increased to 14 days (Consumer Credit Act 2006 S14(1)) Check all default notices to see they comply - one day allowed for service - agreement unenforceable if the default notice is incorrect.

[Cornucopia]

Hi all

 

Sorry for butting in on this thread but there are a couple of points I would like to make that are relevant and might help.

 

First, only the creditor is obliged to comply with a CCA request. If, as in this case, the debt has been sold to a DCA then they are the new creditor and the CCA request goes to them. If it hasn't been sold but a DCA is just acting as an agent then the request goes to the original creditor. You have sent your request to Arrow and they are therefore obliged to comply.

 

But, you have also sent a CCA request to Eversheds. They are just solicitors, not the creditor and therefore do not have to comply and so are not in default of anything.

 

Secondly, there is no obligation under the CCA for a creditor/DCA to send a copy of the deed of assignment. Of course you will want to press them for this if you want proof that the debt has been legally assigned but they do not have to supply.

 

Finally, a default notice must be issued in a certain way and contain prescribed information. It must also give at least 7 days notice before it can be acted upon. If it is not done properly then it must not be registered on your credit file.

 

Hope this all helps in some way and I wish you the very best of luck with this mob!

 

regards, Pam

 

Hi Pam, thank you for you contribution to my thread, I know that Eversheds are not obliged under CCA but at the time, we were told to only enter into correspondence/dialogue with them alone, not Arrow Global who bought the debt, which always seemed very peculiar to me. Therefore, when I issued the CCA's it was a bit of a double whammy just to cover all bases while I ascertained what was going on. Arrow are heading towards criminal breach as we speak. In fact, Arrow have completely ignored us from the word go, as have Eversheds, we have had no response to our letters or faxes or anything. Very odd. You will know that I have written a strongly worded complaint to Bill Wareing at MBNA regarding this whole situation, I have not only requested the Deed of Assignment but also how much they sold the debt for.

 

You are correct in saying there is a procedure for issuing a default. We never recieved a default notice from MBNA and were later told that they had emailed us to warn us it was happening the next day. We didn't get this email therefore, as far as I am concerned, they pushed us blindly towards default and did absolutely nothing to help us avoid it. The whole point of me contacting MBNA in the first place was to avoid a default situation. My other issue is that Stuart Johnson told me he was freezing the account until the payment plan was set up. He never once said we needed to continue to make payments towards it, despite being a regular touch with me. He then had the cheek to say, after defaulting us, that they were well within their rights to do that as we had missed seven consecutive payments! All the time we were in contact, he NEVER ONCE said, Corn, you need to pay something just to prevent default. Maladministration? Mis-advice? Negligence? I think so!!!!

[m55dlc]

As from 1st October 2006 the time period for rectifying a breach increased to 14 days (Consumer Credit Act 2006 S14(1)) Check all default notices to see they comply - one day allowed for service - agreement unenforceable if the default notice is incorrect.

 

Do you mean the agreement is unenforceable or the default is unenforceable, there is quite a significant difference

[Cornucopia]

As from 1st October 2006 the time period for rectifying a breach increased to 14 days (Consumer Credit Act 2006 S14(1)) Check all default notices to see they comply - one day allowed for service - agreement unenforceable if the default notice is incorrect.

 

How about a default sent via email that we didn't receive? Hilarious! Did they follow this up with a properly executed default notice on MBNA headed paper? Did they hell!

 

Seniorservice, I can't wait to see how Mr Wareing responds to this one!

[ladybird17]

Hi Corn, when did you write to Bill/Will? (Do we know which it is yet?!)

[Cornucopia]

Hi Corn, when did you write to Bill/Will? (Do we know which it is yet?!)

 

Hi Ladybird,

 

I wrote to him last week (I posted it last Monday via Special Delivery). He has 14 days to respond to me, so he needs to pull his finger out.

 

I think it is Will but I am sticking to Bill. Kill Will doesn't have the same ring as Kill Bill does it??!!!

[ladybird17]

or...Will Bill reply? Let's hope Bill Will ....& Will Bill be ill? ....or Bill Will be ill.....or maybe he'll just resign after all this!!

[Cornucopia]

or...Will Bill reply? Let's hope Bill Will ....& Will Bill be ill? ....or Bill Will be ill.....or maybe he'll just resign after all this!!

 

LOL! We're making ourselves laugh now!!!!! Bill will be over the hill after we've put him through the mill ............

 

It's half term, I've got my inane head on:rolleyes:

[m55dlc]

will, bill, chill, sill, kill, mill, hill, fill, till, 'til ... any more?

 

My Will, he don't chill, his nose to the mill, 'cos we ain't had our fill, of our guy Will, or is he Bill, is he over the hill?, or on the window sill, with his hands in the till, makin' out his will, in case one of us may kill, lets wait 'til, he changes his numba.....

[Cornucopia]

will, bill, chill, sill, kill, mill, hill, fill, till, 'til ... any more?

 

My Will, he don't chill, his nose to the mill, 'cos we ain't had our fill, of our guy Will, or is he Bill, is he over the hill?, or on the window sill, with his hands in the till, makin' out his will, in case one of us may kill, lets wait 'til, he changes his numba.....

 

 

MBNA MASSSSSSSSSSSIIIIIIIIIIIIIIIIVVVVVVVVVVVVVVEEEEEEEEEEEEE!!!!:D:D:D:D:D

[ladybird17]

blimey m55 - I reckon you're Eminem in disguise!Hmm that's a thought, if you really are HIM we could take you along to Chester Business Park, that should the scare the wits out of them.

[m55dlc]

blimey m55 - I reckon you're Eminem in disguise!Hmm that's a thought, if you really are HIM we could take you along to Chester Business Park, that should the scare the wits out of them.

 

If I was Eminem, do you honestly believe I would be getting charged by the banks and would have a credit card issue with MBNA? They wouldn't dare as I'd put a cap in their ass (arse? These yanks can't spell). I'd also have problems with the irony about writing ©rap music about being poor, repressed and black in the getto 'hood whilst sipping champagne cocktails sunning myself on a sun lounger next to my pool overlooking the LA basin in Beverly Hills, contemplating which of my european sports cars I'd take out for a spin to buy bread at the local co-op