Dca/creditor Issue-mbna

[zubo]

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

[zubo]

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

[zubo]

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