MBNA and Arden

[Sappho]

Re: MBNA and Arden

Thanks missy, will post up Freds letter once I've worked out how to do it. What I meant about CCA requests was that a month ago (because Freds keep nagging me to do this) I asked for the CCA (a proper copy this time not their illegible microfiche bottom wipes) Moorcroft can't turn around and say they sent a microfiche copy in 2012 (as indeed they did) and hence have complied and don't have to do it again. They have to send me what I ask for every time, that's what I meant. I didn't mean I am going to be asking them every month, just a confirmation they are in breach from the current request......

[SA Gold]

Re: MBNA and Arden

Thanks missy, will post up Freds letter once I've worked out how to do it. What I meant about CCA requests was that a month ago (because Freds keep nagging me to do this) I asked for the CCA (a proper copy this time not their illegible microfiche bottom wipes) Moorcroft can't turn around and say they sent a microfiche copy in 2012 (as indeed they did) and hence have complied and don't have to do it again. They have to send me what I ask for every time, that's what I meant. I didn't mean I am going to be asking them every month, just a confirmation they are in breach from the current request......

Hi Sappho,

If you have a CCA i would send to Niddy for review mate. agreements@all-about-debt.co.uk

[Sappho]

Re: MBNA and Arden

did that last year and Niddy said ;ue. when you say review do you mean that I should ask him to look at it again?

[The Tech Clerk]

Re: MBNA and Arden

did that last year and Niddy said ;ue. when you say review do you mean that I should ask him to look at it again?

if he has seen it then that is ok, they thouight that he has not seen it?

[Sappho]

Re: MBNA and Arden

sorry for not making it clear. Niddy said because it is a multiple agreement as it is both loan and PPI but although they state how much is being loaned under each heading and interest for each, they then lump it into one monthly payment for both. I signed for loan but not for PPI as it was frontloaded and very expensive. However, OC charged full monthly amount. So the missing prescribed terms element was not a technicality - it was a process to ensure £7000 got added to the loan. OC refused to refund this when I pointed it out, silly old me thought they had made a mistake. Then when I was unemployed OC refused to pay out because a) I hadn't signed it and b) I had the wrong kind of unemployment.

[Sappho]

Re: MBNA and Arden

Can they take us to court if all they have is an illegible microfiche? I did ask in post 25, sorry if it's a dumb question. I get very muddled with the advice. Carey was all about CCA requests not about court.

[Enforcer]

Re: MBNA and Arden

If the copy that they have sent to you is illegible, they have NOT complied with your CCA request. I currently have an on going dispute with Barclaycard over the same subject. This is what the Financial Ombudsman has said.
"However, I appreciate that the agreement Enforcer has been sent a copy of is not entirely legible, and I note that the Office of Fair Trading guidance suggests providing an additional template or write up of the information contained within that agreement. The guidance suggests, in section 2.29:"

"If the creditor or owner has a poor quality photocopy or microfiche, it should retype it or repopulate a template of the relevant agreement form with the details of the specific agreement, so that the copy can be easily read."

The Ombudsman ruling states. However, for the avoidance of any doubt I ask Barclaycard to provide the following documents to Enforcer:


A typed up version of his agreement, so that Enforcer is able to read the writing on the agreement.

A copy of the terms and conditions issued to Enforcer at the time of his original application.


Write to them using this information, and state that if they are not prepared to send the above, please send you a FINAL reply so that you can take your complaint to the Ombudsman.

[Sappho]

Re: MBNA and Arden

Thanks enforcer. I will do this since they are currently in breach of my demand for a legible CCA. I have the microfiche, which has illegible T and C's so I will ask for a final response as to whether they can send me a legible true copy, which they will have to do from the original or a non-microfiched copy of the original - because the microfiche isn't going to get any better is it? This is another way of trying to get to the bottom of whether they have the original with sigs. However, whether or not they comply with my request it doesn't answer my point...Can they go into court with a microfiche, assuming a more or less legible version can be produced - or do they need the original? Your ombudsman ruling seems to imply they can go into court with a microfiche + a recon and retyped copy - or is it just that this satisfied a section 77-78 request?

[Enforcer]

Re: MBNA and Arden

All that I am looking for, is either a "Reconstituted copy of my executed agreement." Together with a copy of the prescribed terms at the time of signature. Or, an admission of unenforceability. (Preferable)

Unfortunately, for them, even then, the microfiche copy shows an "improperly executed agreement" no signature by creditor!

Wait until they send, or otherwise, CCA. You do not need to worry about anything for now. They would be very foolish to start court action until they comply

[Sappho]

Re: MBNA and Arden

Back again. These last two and a half years have been peaceful. Sold house, cleared all mortgages and secured debts, and waited for SB on everything else. And one by one, they have disappeared from the CRA's. Just after Christmas I logged onto CreditScore in the early hours of the morning just for the pleasure of seeing the MBNA debt gone for good. One more ancient credit card debt (MBNA) with two months to run and then happy debt free Nirvana.

Not pleased to get a letter from Idem Servicing - which I presume is son of Moorcroft/Arden because they seem to have the same address - asking me to contact them to arrange for payments to the account I have with them. I assume it is the MBNA loan and not the MBNA card which was a few hundred only and they would not be bothering with that. Last payment was December 2009. Niddy said it was UE wa-ay back.

I wanted to check with you all before I started another paper trail. I am not going to ignore this. Can debts come un-Statute barred? Can they come back onto CRAs? I am writing a Prove it letter. Should I ask for a CCA again?

[PlanB]

Re: MBNA and Arden

a letter from Idem Servicing - which I presume is son of Moorcroft/Arden . . . . . I assume it is the MBNA loan and not the MBNA card which was a few hundred only and they would not be bothering with that. Last payment was December 2009. Niddy said it was UE wa-ay back.

I wanted to check with you all before I started another paper trail. I am not going to ignore this. Can debts come un-Statute barred? Can they come back onto CRAs? I am writing a Prove it letter. Should I ask for a CCA again?

Don't send anything to anyone until we've helped you to analyse your situation.

Debts can't become un-SB but you need to be certain a debt is SB in the first place. When was your last payment to either the loan or the credit card, since you refer to December 2009 which should make the debt SB if that's the case.

Just because it's vanished off your CRA file that doesn't necessarily mean it's SB. The entry will fall off the CRA file six years after the account was defaulted which could be well before the last payment you made if you went into a DMP or made token payments or an ATP etc.

Is the letter threatening legal proceedings? Idem are not the owner of the debt are they?

Does the letter state the outstanding balance so you can tell whether it's the £17k loan with mis-sold PPI or the credit card?

Definitely do not send another CCA request at this stage. If you've got a previous CCA response which is unenforceable then don't give them the opportunity to go get a better one.

Plan B x

[Sappho]

Re: MBNA and Arden

If my memory is correct I last made a payment in October 2009. The last three months showed arrears, and then the last month was December 2009, this was the last date that showed on the CRA. This information has all gone now. The letter starts off "Unfortunately there is no agreed payment arrangements in place for your account as if this isn't the first time they have written to me. They don't give any details of the amount they think I owe, so I can't be sure. Its an odd letter because they don't give an address for me to write to, nothing but an 0800 number and their website does not give an address either. Their website will not give any access unless a land-line telephone number is given, and I am not giving them that!

[Sappho]

Re: MBNA and Arden

They want me to reply within 10 days or they will put it out to an external debt collection agency, so I am guessing they now own the debt. It has been with Moorcroft, Arden, Fredrickson, Robinson Way, Hillesdon, I forget really, I think there have been others.

[SaltnVinegar]

Re: MBNA and Arden

The letter starts off "Unfortunately there is no agreed payment arrangements in place for your account as if this isn't the first time they have written to me. They don't give any details of the amount they think I owe, so I can't be sure. Its an odd letter because they don't give an address for me to write to, nothing but an 0800 number and their website does not give an address either. Their website will not give any access unless a land-line telephone number is given, and I am not giving them that!

They want me to reply within 10 days or they will put it out to an external debt collection agency, so I am guessing they now own the debt. It has been with Moorcroft, Arden, Fredrickson, Robinson Way, Hillesdon, I forget really, I think there have been others.

It sounds like a standard fishing expedition to me, and I'd be inclined to ignore it. They want you to call them, and then make a mistake and potentially acknowledge the debt, or give them an opportunity to bully you into making a payment, which, if close to being SB would be a terrible idea!

Let them farm it out to the next bunch of bottom feeders and see what you get in the post next.

[Sappho]

Re: MBNA and Arden

Will do. Thanks for the advice.