Jump to content


Dca/creditor Issue-mbna


nickt1976
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5294 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

the debt was sold to link finance by mbna and was not being collected on their behalf. we recieved a letter today in which mbna stated they were taking steps to re-purchase the account from link and were intending to use some of our claim amount to clear the balance and sent us a cheque for the difference between the two. which we arent happy about at all, unforunately for mbna we have it in writing from them that a cheque for the full amount would be made payable to us directly and not to link or themselves. i think its just a last gasp attempt on their behalf as the deadline for their defence at the county court is tomorrow. just a bit unsure what to do now, especially considering the court stage is quite far along. dont know weather to tear the cheque up and return it or accept it as partial settlement.

any guidance on his would be amazing.

nick

Link to post
Share on other sites

Tell them you will only accept the full amount and for it to be paid directly to you and not to Link financial. This money is yours rightfully and it has to be refunded to you under what is called restituition. Depends on the rest of your case but if the debt is mostly or all penalties then their case is shot and you can argue it shouldn't have been defaulted anywaY.

Link to post
Share on other sites

hi rhia, thanks for your reply.

thats petty much how it is to be honest, debt is roughly 2/3 of total claim amount. they are intending to purchase the debt back from link and take money from our claim amount to pay themselves back and have sent us a cheque for the difference. were going to request for judgement on monday and we'll find out then if they have defended. deadline is today. just unsure what to do as regards cheque they have sent, send back or cash? would it affect our claim if we accepted it as partial settlement? with court stage getting quite far i dont want to throw a spanner in the works now.

nick

Link to post
Share on other sites

ok without knowing the full story here I have to make a few assumptions.

 

From what is posted it looks like MBNA sold an account to link financial which in itself is probably incorrect. From my experience they sold it to a company called Asset Link, which then passed it onto Link Financial for collection. This mob are very much like Cabot, so immediately we have one financial controller passing data to another WITHOUT your explicit or implied consent.

 

It's not unusual for a CCP to refund a claim back to the account, which can be a good thing as it does reduce the outstanding debt. Is the cheque correct figures wise? and have they complied with all of your claim? ie removed any default if it was on the claim form.

 

I used to advocate returning any partial payment cheques but now I simply hold onto them and write an acknowledgement but tell them the claim isnt satisfied.

 

I would also demand that if they do credit any of the claim back to the account that it MUST be made in the form of a payment and that non payment flags are reset.

 

To be honest I don't think a court would support you if full payment has been made, even if part of it has been used to settle the account.

 

If time permits I'd slip a sec 78 request under their door :)

 

hope this helps

  • Haha 1

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Hi tamadus, thanks for your reply I did a sec78 on them all I got back was a application form nothing else . They told me that they were refunding all charges in a cheque made payable to me nothing came of it so I proceeded to court, filing for judgement monday morning if they havent filed a defence. It was link that put the default on our credit file, MBNA said they are re-purchasing the debt (and its gone up by £200) CCA'd link they came up with nothing and are in default and i thought they weren't allowed to pass a debt (sell back) if they are in default?

and we owe mbna £1400, they owe us £2178 in unlawful charges and interest.

Link to post
Share on other sites

Hi tamadus, thanks for your reply I did a sec78 on them all I got back was a application form nothing else . They told me that they were refunding all charges in a cheque made payable to me nothing came of it so I proceeded to court, filing for judgement monday morning if they havent filed a defence. It was link that put the default on our credit file, MBNA said they are re-purchasing the debt (and its gone up by £200) CCA'd link they came up with nothing and are in default and i thought they weren't allowed to pass a debt (sell back) if they are in default?

and we owe mbna £1400, they owe us £2178 in unlawful charges and interest.

 

Nick

In my opinion you have two seperate agreements in differing stages of dispute. I would go back to court explain the status of both, show the letter from MBNA and request that the order should be for the full amount payable directly to you.

Also, send default letter to Link telling them that they are not allowed sell your debt while in default.

Yet another example of MBNA distorting matters ...

 

Z

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Hi Zubo , thanks for your reply, just carry on with the claim then? I haven't been to court yet MBNA have while Monday (tomorrow) to file a defence. Do you think that the judge would see MBNA as being fair, although they offered to pay me back in the first place. These people are not to be trusted at all.

Link to post
Share on other sites

hi all, help and advise greatly appreciated on this, do i now send a letter to link (they are in default now, criminal on 6th april) asking again for our true signed copy of our agreement and statements on our account etc... or leave them while after the 6th April? they sent nothing but a letter (asking for £5.00 to retrieve it,no obligation under CCA request,they dont apply under sec 77-78 because our agreement has been terminated blah blah !!!yes right, who bought the debt and it was legally assigned supposedly) on our credit report, link defaulted the account in may 04 with a balance of approx £1200, not sure how much they added on top i.e charges etc. we have been making token payments since this date every month without fail. we recieved a letter from link dated 5/3/07 after we sent them a CCA stating the balance was £1270, mbna in the letter recieved saturday informed us they were using £1440 from our claim to clear the balance off!!!!!!, wouldnt mind knowing where the approx £400 of payments we made have disappeared to, considering they agreed to freeze interest, and wouldnt mind knowing why the balance has increased by £170 in the 25 days between the two letters!!!!!

Send MBNA a letter(rejection of their offer) tear up cheque as its not what we asked for, it's under their terms, send a copy of letter to court with a copy of their letter and file for judgement tomorrow if no defence has gone in? help help help please

nick

Link to post
Share on other sites

hi all, help and advise greatly appreciated on this, do i now send a letter to link (they are in default now, criminal on 6th april) asking again for our true signed copy of our agreement and statements on our account etc...

NO

or leave them while after the 6th April?

See below

they sent nothing but a letter (asking for £5.00 to retrieve it,no obligation under CCA request,they dont apply under sec 77-78 because our agreement has been terminated blah blah !!!yes right, who bought the debt and it was legally assigned supposedly) on our credit report, link defaulted the account in may 04 with a balance of approx £1200, not sure how much they added on top i.e charges etc. we have been making token payments since this date every month without fail. we recieved a letter from link dated 5/3/07 after we sent them a CCA stating the balance was £1270, mbna in the letter recieved saturday informed us they were using £1440 from our claim to clear the balance off!!!!!!, wouldnt mind knowing where the approx £400 of payments we made have disappeared to, considering they agreed to freeze interest, and wouldnt mind knowing why the balance has increased by £170 in the 25 days between the two letters!!!!!

Send MBNA a letter(rejection of their offer) tear up cheque as its not what we asked for, it's under their terms, send a copy of letter to court with a copy of their letter and file for judgement tomorrow if no defence has gone in? help help help please

nick

 

Nick

 

Lets be clear about this and you too should be because they will run rings around you. There are two seperate processes for each agreement and you must be clear in your dealings with them.

 

Look here for my strategy

 

http://www.consumeractiongroup.co.uk/forum/general-debt/57839-newman-debt-collection-agents-3.html#post582305

 

from #49 it will give you an idea of what these are. You need to send BOTH requests for the complete picture - to the CCP and copy Link into it.

 

It may seem strange but I would actually not push for judgement since it is likely to be appealed or stayed, but I would ask the judge for a month stay to allow you to obtain the information on the SAR and provide you with information you need.

 

Don't be in such a hurry, get the facts for both agreements, then seek advice here in how best to proceed. Also, what is the POC details of your case against MBNA - a brief summary will do.

 

Z

  • Haha 1

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

I agree with Zubo, dont rush to get a judgement as they will then wake up and get it stayed. wait for the SAR and CCA requests to come back so you have ALL the information. then we can advise you a lot better.

 

Your welcome to PM me anytime.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Hi zubo, thankyou so much for link,very interesting and very informative i think the penny's dropped see what you think? Already I've CCA'd Link and MBNA- link are in default as of 13/3/07 mbna are in default on 6/4/07 .MBNA replied saturday(yesterday) with a bad copy of an application form . I SAR'd mbna on 24/11/06-nothing more than print out of charges .I haven't SAR'd link. Now i need to send default notices to both , ask for one month stay at court ,SAR link?(mbna are buying it back) mbna wont give us any info tried to get it through court (wouldn't do it on N1 only on a pre-action disclosure and wouldn't budge on that) tried everything, they have wrote promissing our SAR, now complaint going tomorrow to ICO?.Do you suggest sending cheque back? Complaint sent to FSA through Battleaxe's thread.Can I PM you my poc thanks so much for your help hope the penny has dropped ,I will take my time.

Nick

Link to post
Share on other sites

Hi zubo, thankyou so much for link,very interesting and very informative i think the penny's dropped see what you think? Already I've CCA'd Link and MBNA- link are in default as of 13/3/07 mbna are in default on 6/4/07 .MBNA replied saturday(yesterday) with a bad copy of an application form . I SAR'd mbna on 24/11/06-nothing more than print out of charges .I haven't SAR'd link. Now i need to send default notices to both , ask for one month stay at court ,SAR link?(mbna are buying it back) mbna wont give us any info tried to get it through court (wouldn't do it on N1 only on a pre-action disclosure and wouldn't budge on that) tried everything, they have wrote promissing our SAR, now complaint going tomorrow to ICO?.Do you suggest sending cheque back? Complaint sent to FSA through Battleaxe's thread.Can I PM you my poc thanks so much for your help hope the penny has dropped ,I will take my time.

Nick

 

Nick

 

Good. I can see you have done quite a lot already.

I'm about to die - downing beechams - going to bed with man-flu, but PM me AND Tam. Tam is a gent and my mentor.

The main message you have took on board is to get a solid case together and sounds like you are close...

 

Z

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

thanks very much for your reply, man flu is not a good thing to be starting with. hope you get better soon. thanks very much for your help, you and tamadus have been a godsend.

thanks again,

nick

Link to post
Share on other sites

Nick

 

Good. I can see you have done quite a lot already.

I'm about to die - downing beechams - going to bed with man-flu, but PM me AND Tam. Tam is a gent and my mentor.

The main message you have took on board is to get a solid case together and sounds like you are close...

 

Z

 

awww thanks Zubo :)

 

Now get to bed and keep that flu to yourself :o

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

Hi tamadus, just one quick question should i send the cheque back ? with a letter saying what? any ideas ? you and zubo have been so much help and very, very knowledgeable

thanks

Nick

Link to post
Share on other sites

hmmm this is always a tricky question to answer.

 

Personally I would write to them accepting the part payment and reminding them that this does not satisfy all the conditions of your claim.

 

You could also try giving them a phone call which I did and I found it helped matters move along to the point they called me twice while I was in Hungary last year to make last minute negotiations for settlement.

 

Not sure which of their advocate team is handling your claim though. Mine was done by none other than Gareth Tunnicliffe and I found him very helpful, although others have not had the same response.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

thanks for that, ill give them a call tomorrow i think and tell them im gonna go to the court and put a 1 month stay on the claim while they reply to my SAR, reject the offer and return the cheque and send them a letter confirming all of the above. ill post tomorrow and let you know what drivel/excuses they come up with,

thanks for your help, much appreciated.

nick

Link to post
Share on other sites

hi, just received this,came in post DEFENCE from MBNA 1)the claimant mr ***** has a credit card agreement with the defendant blah blah

2) admitted being charged late payment fees (me)

Denied charges being penalties/relevant clauses unfair,extravagant,unenforceable, averred fes are punitive.

3)denied charges are unreasonable s.15 (soga) and heres the good part

4) WITHOUT PREJUDICE TO PARAGRAPH 2 MBNA HAVE CREDITED MR ***** ACCOUNT THE SUM OF £****** ON 29 MARCH 07 IN RESPECT OF THE FEES CREDIT HAS BEEN GIVEN AS A GOGW AND IS THE AMOUNT MR **** CLAIM IN REPECT OF FEES, INTEREST,COURT FEES. IN ADDITION AS A GOGW MBNA HAS REMOVED THE DEFAULTIT REGISTERED AND AMMENDED CREDIT FILE. MBNA DENIES THAT THE CLAIMANT HAS ANY FURTHER CLAIM AGAINST IT IN RESPECT OF THE ITEMS AND /OR INTEREST.

so back to court as suggested to put a months stay on this while i get the rest of my info. Any input/ suggestions anyone? As of yet we have not rang mbna, do we ring mbna or defence team

Nick

Link to post
Share on other sites

Sounds like they have settled in full to me Nick, Hope you still have that cheque for the balance :)

 

I'd now get a copy of my credit file to make sure they have cleane dit up fully and once your happy that the claim is fully settled notify the court.

 

No reason to continue the action unless there is some part of the claim that has not been satisfied.

 

Great result :)

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

Link to post
Share on other sites

hi tamadus,

what do you think we should do as regards the cheque, hold onto it until until all aspects are finalised or cash it asap?

id like to thank rhia, zubo and tamadus for all you help during this. your all stars and we are very greatful. doantion to this brilliant site to follow as soon as we can (provided the answer above is yes, we can cash it now, if not it might be a tad later, lol)

cheers for everything,

nick

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...