Lady H v MBNA

[Dotty111]

Well am now ready to start taking on MBNA (again) I started with them last year sent S.A.R received statements and an offer to pay back about a third of my charges. Did not agree to this as I was also querying an obscure monthly interest charge of about £30 I didn't know what it was for it was not normal interest or even cash advance interest it was classed as "special interest" when I queried it even MBNA did'nt know what it was and they would "get back to me" This was in October. I had a baby that month so I let things go. They then started harassing me by phone 6/7 times a day also text messages so I tried to arrange a payment plan with them, as is usual with them they just ignored my letters and carried on calling. Anyway sent them the harassment letter and it seemed to work however just before I went back to work they started ringing work they even sent faxes to work making it clear to everyone that they were collecting a debt. Anyway after this happened I wrote to them a strong letter re in breach of OFT guidlines on collection of debts and the fact that the account was still in dispute over the charges and this interest which they have never come back to me on. Anyway a couple of days ago I got a 3 page letter from them completly ignoring the issues that I had raised telling me that the account was not in dispute, that they told me they would not accept my payment proposal and had requested 3 times what I had offered as "they felt I could afford this amount" yer right and lo and behold they have passed the debt on to our friends at Global. Two days later I receive in the post yes you got it a letter from Global with a default notice SURPRISE (not) anyway have written a strong letter back to global re account in dispute etc so awaiting their response. Do I need to do anything else. Should I respond to MBNA's letter or wait to hear from Global. From reading this thread I think it might be an idea to put in a CCA request as it appears that MBNA have stuffed up over a lot of "agreements". By the way I have been paying the amount that I proposed to them for the last couple of months.

[Cornucopia]

Well am now ready to start taking on MBNA (again) I started with them last year sent S.A.R received statements and an offer to pay back about a third of my charges. Did not agree to this as I was also querying an obscure monthly interest charge of about £30 I didn't know what it was for it was not normal interest or even cash advance interest it was classed as "special interest" when I queried it even MBNA did'nt know what it was and they would "get back to me" This was in October. I had a baby that month so I let things go. They then started harassing me by phone 6/7 times a day also text messages so I tried to arrange a payment plan with them, as is usual with them they just ignored my letters and carried on calling. Anyway sent them the harassment letter and it seemed to work however just before I went back to work they started ringing work they even sent faxes to work making it clear to everyone that they were collecting a debt. Anyway after this happened I wrote to them a strong letter re in breach of OFT guidlines on collection of debts and the fact that the account was still in dispute over the charges and this interest which they have never come back to me on. Anyway a couple of days ago I got a 3 page letter from them completly ignoring the issues that I had raised telling me that the account was not in dispute, that they told me they would not accept my payment proposal and had requested 3 times what I had offered as "they felt I could afford this amount" yer right and lo and behold they have passed the debt on to our friends at Global. Two days later I receive in the post yes you got it a letter from Global with a default notice SURPRISE (not) anyway have written a strong letter back to global re account in dispute etc so awaiting their response. Do I need to do anything else. Should I respond to MBNA's letter or wait to hear from Global. From reading this thread I think it might be an idea to put in a CCA request as it appears that MBNA have stuffed up over a lot of "agreements". By the way I have been paying the amount that I proposed to them for the last couple of months.

 

Hello Mrs H, welcome to the club! Is it Arrow Global or just Global? Whatever, this is common practice for MBNA, agree a plan, sell the debt. Absolutely "bankers" if you ask me! Get that CCA letter out sharpish. How old is the debt?

 

Regards,

 

Corn x:)

[Dotty111]

By the way just checked the default notice it is dated 30th March and has to be complied with by 13th April. does anyone know if this is right do they have to allow 1 or 2 days for postage and is it 14 days or 14 working days

 

Thanks

[Cornucopia]

By the way just checked the default notice it is dated 30th March and has to be complied with by 13th April. does anyone know if this is right do they have to allow 1 or 2 days for postage and is it 14 days or 14 working days

 

Thanks

 

It doesn't matter what you do, they will issue a notice of termination anyway, did MBNA not default you in the proper manner?

 

First thing to do, is issue a CCA to both Global and MBNA. The letter is in the template library, Letter N. You need to send payment of £1.00. This will immediately put the account in dispute and they can do nothing until a true copy of the executed agreement is produced.

 

Have you worked out the charges situation? You need to get these back to reduce the debt.

 

If they can't produce the agreement, they've had it anyway, if they can, then we will help you work out an affordable payment plan and take it from there.

 

Don't panic!!!

[Dotty111]

Hi Cornucopia thanks for the reply. Yes the DCA is Arrow Global. MBNA never served me with a Default notice it came straight from Arrow Global looks as though it is in the correct format just wasn,t sure of the dates. The account has been open for about 4 years and up until I went on maternity leave payments had been spot on. I have just remembered that about 2 weeks before the mega 3 page letter that I got from them MBNA wrote to me with some "payment options" ie pay x amount and we will right off the rest of the debt, pay X amount by x date and we will then freeze all interest and stop charges being applied to the account or pay £39.00 per month as a reduced payment. Now when I sent in my initial proposal paument plan to them it was for £40 pm DOH so I have been paying and will continue to pay this amount as I have this from them in writing. Will now draft my CCA letters.

 

By the way I have just started reading your thread GREAT you are really going for them. I will keep following as there is some great advice on there and lots of laughs (and drinking!) which I well approve of

[Cornucopia]

Hi Cornucopia thanks for the reply. Yes the DCA is Arrow Global. MBNA never served me with a Default notice it came straight from Arrow Global looks as though it is in the correct format just wasn,t sure of the dates. The account has been open for about 4 years and up until I went on maternity leave payments had been spot on. I have just remembered that about 2 weeks before the mega 3 page letter that I got from them MBNA wrote to me with some "payment options" ie pay x amount and we will right off the rest of the debt, pay X amount by x date and we will then freeze all interest and stop charges being applied to the account or pay £39.00 per month as a reduced payment. Now when I sent in my initial proposal paument plan to them it was for £40 pm DOH so I have been paying and will continue to pay this amount as I have this from them in writing. Will now draft my CCA letters.

 

By the way I have just started reading your thread GREAT you are really going for them. I will keep following as there is some great advice on there and lots of laughs (and drinking!) which I well approve of

 

Ha ha! Please feel free to join in!! The more the merrier!! Thanks for the compliment!!

 

They really are shysters! The fact is they don't want a repayment plan, they want shot, however, it is economical madness. You are proposing to pay back x amount a month and clear the debt. Instead, they sell it on to a DCA for about 10p in the pound and end up with, er, nothing, especially after they have paid back all your charges (how much are we talking about in charges?).

 

Don't forget that if they don't comply with your CCA within 12 days, you can legally stop paying them until they do. Keep that in mind.

 

Also, you are not likely to hear from Arrow again, it will more than likely be Eversheds, their Solicitors. Who are also complete idiots and will threaten you with everything, let me know when they do because I have all the letters under the sun to give you!!!;-)

 

Also, as far as I am concerned, MBNA should have defaulted you lawfully. They have not done this. I have had some tosh from Stuart Johnson saying that they defaulted (they didn't) and then the default was passed to Arrow Global who are also allowed to default (they are not).

 

Please make sure that you report all this ridiculous behaviour to OFT, ICO, FSA and FO, it will be obvious that you have tried your best to sort this out and they have done everything to block your path.

 

Well......you're here now......unfortunately for THEM!!!!

[Dotty111]

Well I have now received a termination notice from Arrow Global surprise surprise, this was after I had served them with a CCA request before the Default Notice expired oh well I was told to expect this from them. What is really annoying me now is that Global Arrow seem to have passed the matter on to a firm called Marlin Financial Services (have they done this to anyone else)anyway they have now started their own campaign of harassment, they are even telephoning me in work on a daily basis. Cornucopia you did say that you had a load of letters that you had written to eversheds when thy started contacting you do you have an appropriate one that I can send to these Marlin lot I would be most grateful as it is now getting really awkward having to keep refusing their calls at work

 

Thanks a lot for everyones help

[Cornucopia]

Well I have now received a termination notice from Arrow Global surprise surprise, this was after I had served them with a CCA request before the Default Notice expired oh well I was told to expect this from them. What is really annoying me now is that Global Arrow seem to have passed the matter on to a firm called Marlin Financial Services (have they done this to anyone else)anyway they have now started their own campaign of harassment, they are even telephoning me in work on a daily basis. Cornucopia you did say that you had a load of letters that you had written to eversheds when thy started contacting you do you have an appropriate one that I can send to these Marlin lot I would be most grateful as it is now getting really awkward having to keep refusing their calls at work

 

Thanks a lot for everyones help

 

Certainly! Maybe Arrow Global have realised how crap Eversheds are! LOL! You'll have to wait until I get home from work this evening and after I have put Corn Junior to bed, could you p.m. me your e-mail address?

 

Thanks!

[Dotty111]

Thanks for that Corn have PMd you

[Dotty111]

Help help help I am fuming shaking terrified. A repesentative from Marlin has just telephone me in work and i decided to speak to him

 

Him can I speak to Lady H

Me speaking

him i will need to ask you some security questions

Me sorry who are you

him can't tell you until you have answered some security questions

me I am not prepared to give you any information until you tell me who you are

 

This conversation went on for about 5 mins

 

Me what is your name and ID number

him you wont answer my security questions so I don't have to tell you who I am

me I think you will find you do

him I will be in breach of the DPA if i discuss anything with you without security responses

me hard luck then we will just go round in circles

Him I don't care I will ring back and speak to your personnel then

Me what about

him am not prepared to say will be in breach of DPA

me We don't have a personnel (we Dont)

him Well will speak to the MD

ME what about

Him Can't say will be in breach of DPA

Me so you can't speak to me about this matter but you can speak to anyone else about my personal matters i think you will find that you are in breach of the DPA if you do and I will report you anyway we dont have a MD

Him you do all companies have an MD

Me you are talking B*******cks and you know it

Him talking what I will now ring back and speak to the person who hires and fires you are in trouble talking to me like that I will tell them you are a disgraceful representative to your company

Me Oh so you are ringing on company matters if not then I am not representing company give me your name and I will speak to whoever hires and fires you as you seen to indicate that you intend to put my job in jeopardy

BEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEp

 

2 mins latter he rings back asking to speak to manager/MD/Personell

 

I had warned the girls on reception and told them to put him back through to me (to be honest I am one of only 2 fee earners in the company so calls are filtered and would only go to either one of us anyway)

 

Him hello who am I speaking to

Me Lady H

Him I don't wnt to speak to you

Me I told you there was no one else to speak to you will always be put through to me

Him I will then write to your company yes I have all the detail here

Me go ahead I deal with all the post anyway look forward to your letter

 

BEEEEEEEEEEEEEEEEEEEEEEEEEEEEP

 

are they allowed to do this can they speak to my boss ( he won't be bothered and will give him the short sharp thrift anyway) but I don't want all my personal details given out. I am so angry I want to report them. Can someone give me some advice ASAP please please please

[Dotty111]

following on from the above post and after receiving great advice and support especially from Cornucopia (thanks again) I have now done the following

 

Re-newed my SAR - the last one was sent end of last year so there will be more charges added and it has also been passed on to DCA so we will see what this request brings - if anything!

 

Sent harassment letter to DCA making particular reference to the conversation I had with their representative and also reference to the fact that this account has been passed /sold on/defaulted while in dispute and I have CCd this letter to trading standards and OFT.

 

have already issued a CCA request and the 12 days are due to expire on 1st May.

 

So it is just a waiting game for the time being lets see what happens.

[Dotty111]

Well following on from my encounter with Marlin rep I heard no more from them until yesterday when I received a letter from them unsigned with no correspondence name headed FIELD AGENT VISIT. It appears that they have now passed the account to a firm called SCOTCALL who will be paying me a visit shortly Hmmmmmmm. yes I don't think so. Does anyone know who they are.

 

So to clarify MBNA defaulted me if February (no default notice received) and then passed my account to Arrow Global who issued a default notice in March and prob defaulted me, they told me that Marlin would be managing my account and I suppose because Marlin now know that they aren't going to get anywere with me have passed it on to Scottcall. Surely they need my permission to pass my account on. Given that I have still to receive a CCA from either Global Arrow or MBNA what should I do now. Not bothered now about Field visit cos it prob won't happen and is just a scare tactic but I am P****d off that my account is being passed here and there without my permission.

[Cornucopia]

Well following on from my encounter with Marlin rep I heard no more from them until yesterday when I received a letter from them unsigned with no correspondence name headed FIELD AGENT VISIT. It appears that they have now passed the account to a firm called SCOTCALL who will be paying me a visit shortly Hmmmmmmm. yes I don't think so. Does anyone know who they are.

 

So to clarify MBNA defaulted me if February (no default notice received) and then passed my account to Arrow Global who issued a default notice in March and prob defaulted me, they told me that Marlin would be managing my account and I suppose because Marlin now know that they aren't going to get anywere with me have passed it on to Scottcall. Surely they need my permission to pass my account on. Given that I have still to receive a CCA from either Global Arrow or MBNA what should I do now. Not bothered now about Field visit cos it prob won't happen and is just a scare tactic but I am P****d off that my account is being passed here and there without my permission.

 

Hello love, I wouldn't do anything, there isn't much that can be done until they comply. You could write to Arrow Global and tell them that, in future, you will be dealing with them directly and remind them that the account is in dispute so they can get lost until they have fulfilled their side of the bargain.

 

If anybody turns up, don't answer the door, don't engage in any sort of conversation or alternatively, pretend you are a religious zealot and would like to point out the error of his ways...........in your dungeon.

 

[Dotty111]

Hi Cornucopia I am just polishing my handcuffs and cracking my whips as we speak. They have got no chance of me speaking to them. Only got till 1st of May then they are in default of CCA request another month after and then the fun begins. HAHAHAHAHA

[Dotty111]

Hi all have been a bit quiet recently. Mad busy at work but nothing much has been happening just sitting and waiting for the time limits to come and go. To update MBNA went into default on CCA request on 1st May so roll on 1st June. Am quietly confident that I won't get anything from them so fingers XX.

 

As for the Marlin numptys they wrote and told me that the had passed account onto another DCA and would not be contacting me again. Liar Liar received a telephone call from them in work about an hour ago. Now you have read of my last experience with them so this time I ws ready. Decided to take the call from "Claire from Marlin" she was put straight through and before she could even open her mouth I got in there

"Hi claire I know who you are and what you are calling about and before you ask any 0f your security questions I must inform you that this call is being recorded is that ok" BEEEEEEEP oh how rude of you claire please do call back HA HA.

[Dotty111]

Well I was wrong if I thought I had got rid of Marlin DCA. Just had another call in work from them, didn't take their call just couldn't be bothered going through the usual crap with them. Anyway not sure what to do now these idiots have been sent the harassment letter and Arrow Global are in default on my CCA request since 1st may. It appears that Marlin are just the account administrators for Arrow Global and don't actually own the account shall I send them a CCA request to cover all grounds. Any help at this stage would be great as I am getting so frustrated that everything is being ignored:mad:

 

Lady H x

[Dotty111]

Well I am back after a bit of a break. Nothing much was happening as i was just waiting until Arrow Global went into default with CCA request. As I expected 1st June has come with no sign of agreement. Have still been getting hassled by Marlin numpties though. They only ever telephone me in work I do speak to them sometimes just for a laugh as it is frightening that these reps have NO CLUE about the CCA they just talk crap to try and intimidate you. They have now given me 10 days to pay up or they will issue proceedings and amazingly during a telephone comversation with a marlin numpty yesterday I was told "we are getting an attachment to your earnings in the next couple of days" ermmmm haven't they missed something like proceedings CCJ etc. The new empowered me said go on then but you need to comply with CCA section 78 request first Him what is one of them oh i know its when you ask for details of your payments isnt it !!!!!!!!!!!!!!!!!. I was concerned that I received a letter from them last week saying "we have contacted your employers who have confirmed that you are employed at (name of employers) is this not a breach of the Data Protection Act don't think my employers have given any details but are Marlin allowed to say they have them or even ask my employers for them? I haven't sent a CCA request to Marlin as although their rep told me yesterday that they have bought the account I don't think they have as all letters from them are heade "our clients Arrow Global" and I did get a deed of assignment stating that they arrow global now own the account. Should I send a request to Marlin anyway just to p*** them off

 

Thanks

Lady H

[Dotty111]

hi could any of you cleverbods on here have a look at this letter that i have drafted and propose sending to Marlin numpties. I did it very quickly so any suggestions/ comments would be most appreciated thanks

 

 

Marlin Financial Services

2 The Courtyard

Beeding Court

Shoreham Road

Steyning

West Sussex

BN44 3BJ

5th June 2007

Dear Sirs

Re Arrow Global LLC

I refer to your previous correspondence regarding your notice to proceed with court action and my telephone conversation with your representative “Matt”

I will firstly deal with your letter dated 25th May 2007 (unpostmarked and received 1st June 2007)

I am most concerned with your comments that ( my employers) have been contacted and have confirmed details of my employment. If this is correct then clearly there has been a breach of the Data Protection Act and in the circumstances I must insist that you provide full details of whom you spoke to together with details of any information provided so that the relevant action can be taken against this Company.

I am also concerned with your comments in respect of the legal action you will be taking. I quote “Failure to respond will result in a County Court Judgment being registered against you and an Attachment being applied to your wages to secure payment of this debt.” It is quite disturbing that you letter was processed by your litigation department and may I respectfully suggest that the qualification and experience of the person responsible for the above contents is reviewed urgently. May I suggest that your litigation section refers to the Civil Procedure Rules and in particular the Attachment of Earnings Act 1971 s3 (3)? I can only suggest that the contents of you letter are clearly an attempt at intimidation and scare tactics. I will be referring you letter to Trading Standards as part of my complaint to them.

Turning to my telephone conversation with your representative “Matt”. Quite frankly I was appalled at his lack of even the most basic knowledge of the Consumer Credit Act 1974. When I pointed out to “Matt” that this account was in dispute as I was awaiting compliance of a CCA section 78 request his response was to ask “what’s one of them” when I politely pointed out that it was not for me to do his job I was informed “I know its when you ask for a list of payments/statements and that!!!” Once again may I respectfully suggest that the training of you telephone representatives is urgently reviewed. Interestingly I was informed by “Matt” that you have now bought my account from Arrow Global (interesting as your correspondence to me still refers to Arrow Global and I have received no Deed of Assignment confirming this)

You may or may not be aware that this account is in dispute, Arrow Global were served with a request under Section 78 of the Consumer Credit Act 1974. The Act allows 12 days for this request to be carried out before the company enters into default situation. If the request is not satisfied after a further calendar month the company commits an offence. These time limits have now expired and I have still not received the documentation required by the above Act. As you are no doubt aware if the creditor fails to comply with the above request he is not entitled, while the default continues, to enforce the agreement and if the default continues for one month he commits an offence. As such this account has become unenforceable by law

It is my intention to consider litigation in this matter. As “Matt” has stated that you now own the account then it is your responsibility to supply the necessary documentation. Your attention is drawn to CPR 4.6© enclose copies of documents asked for by the claimant, or explain why they are not enclosed;

I therefore request in compliance with CPR 4.6© a copy of the document that you will be relying on as proof of a properly executed agreement, complying in all respects with the form and contents requirements of the CCA signed by me in respect of this alleged debt. I expect, in accordance with CPR, your prompt response to this formal request without further delay.

Finally I have made repeated requests to your representatives when they telephone me that these calls are to cease and that I will only communicate with you in writing. Despite these requests these calls have continued and this behaviour now constitutes harassment. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after receipt of this letter an official complaint together with a log recording times and frequency of calls will be passed both to that office and to the Trading Standards Office. For your information note that ALL telephone calls are recorded. Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under section 27 of the Communications act 2003

I trust that I have made myself clear on these matters and await your speedy response.

Yours faithfully

[Dotty111]

well i have sent the above letter "special Delivery" so will now just wait and see what response I get. Although they have made a threat of court proceedings not sure if they will go ahead . These are the people who are giving me most trouble they are still ringing me at work and although they don't intimidate me any more they are a pain because if i refuse or am not available to speak to the wil carry on ringing being very rude and aggressive and it is not fair on the receptionist, she gives as good as she gets though1 hoepfully after they receive my letter this will stop but am not holding my breath.

 

Lady H x

[Cornucopia]

well i have sent the above letter "special Delivery" so will now just wait and see what response I get. Although they have made a threat of court proceedings not sure if they will go ahead . These are the people who are giving me most trouble they are still ringing me at work and although they don't intimidate me any more they are a pain because if i refuse or am not available to speak to the wil carry on ringing being very rude and aggressive and it is not fair on the receptionist, she gives as good as she gets though1 hoepfully after they receive my letter this will stop but am not holding my breath.

 

Lady H x

 

Fantastic letter, really well put together.......let them stew in it, they are SUCH idiots!

 

Good luck hun and keep me posted!

[Dotty111]

Hi corn lovely to hear from you. Been out of it for a few weeks everything went quiet but now back in the thick of it. Have just remembered that I have sent a SAR to MBNA and Arrow Global but not to Marlin so one in the post tonight. They will think I am stalking them, now thats an idea LOL see how they like it. Not had a call from "matt" for a few days coward am just in the mood to quote a few more CCA sections at him "what is CCA" I hear him ask. Can't believe how my whole attitued to them has changed since I came on CAG from from being absolutly terrified of their calls to looking forward to taunting and teasing them with my wide knowledge naughty me.

 

Lady H x

[Dotty111]

Well I have received a reply from the company solicitor at Marlins. Firstly he apologised for their rep and said that I had been miss informed by him as Marlin do not own the account they are simply the collecting agents for Arrow Global. He had no knowledge of the section 78 request that I had sent to Arrow and said he would contact them to find out what has happened and "obtain the relevant documentation" but in the meantime could I send him a copy of the request I sent "for his file" Should I send it? Arrow can't deny that they have received it as it was sent recorded back in April. Will now wait with bated breath to see what they turn up with - if anything but I am also going to renew my SAR request as I suspect they have still been adding interest and charges and poss a default. Oh and he confirmed no further telephone calls from now on all contact is to be between him and myself in writing which is something I suppose. Will keep you updated.

[Dotty111]

ooooooohhhh its good to be back!

 

Have just spent 3 lovely weeks in cyprus and was refreshed and ready to carry on. On my return I received a letter from Marlin numpties. "as requested enclosed is the signed part of your Agreement. This meets our requirements now please contact us on the following number to arrange payment of account".

 

Great, they sent me a photocopy of my signature in a box. That is all no agreement, no terms and conditions nothing just my bloody signature. God these people must really think we are stupid. I had also received a couple of calls from them which were left on my ansaphone while I was away. How many breaches. Anyway I sent them a letter straight back about a week ago pointing out the obvious. Nothing since then no letter no calls. Just wondering what my next step should be. Any suggestions guys.

 

God think I need another holiday!!!

 

Lady Hx

[Dotty111]

well I have today received a letter from Marlins solicitor. Very snotty which is a bit of a cheek considering. They want to know what litigation I am considering, the reference numbers for trading standard OFT ect complaints and if I don't respond within 14 days then they will commence collection. What a cheek. I don't know how to play this one. Shall I ignore and do nothing and let them start their games or do I fire an equally snotty letter back to them.

[Dotty111]

Well another reply received from Marlin solicitors. (it was received a couple of weeks ago just after i had posted my last post but have not had a minute recently to update) saying sorry but the letter that they had sent (asking for details of litigation etc) had been sent prior to them reciving my last letter and to ignore it. They would now contact Arrow to clarify the situation regarding my CCA request and get back to me with a detailed response ASAP. As i have said it has been a couple of weeks since this letter and I haven't heard a thing. I know I need to be patient and sit this one out but it is so frustrating waiting for them to get their act together. think i may give them another week or so and then write back to the solicitor to chase up. One good thing though have not had a phone call from them for ages. Will keep you all updated.