MBNA / Arrow Global vs FOS?

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

To be honest, i doubt it.

If you have defaults already on your CRA then getting these removed (or trying to will do nothing)

However, knowing that they are faulty, is your tool against them should they take you to court.

You dont want to tell them its faulty, they will rectify it.

They can always send you a new DN you know?

Dont ever tell them its faulty, keep it as part of your arsenal should the worst happen.

EDIT: sorry just scrolled up the page and saw you have already been battleing them with this, so i guess keeping quiet is too late now.

But personally, and ive seen Niddy and Paul say the same thing (i think) a faulty DN is your way of getting any court proceedings dropped

Hi SxGuy

Thanks for your input I appreciate it.

Under normal circumstances I agree with you but MBNA would have a seriously hard time explaining the issuing of a new DN away in court.

It's been over 3 years and I have the complete paper trail of what they actually did, Statements, All 3 CRA reports & the Default Notice itself in black and white or should I say blue and white.

And they would definitely have a bloody hard job explaining how they issued a valid DN which complied in the space of 2 days from when agreed payment was due and they day they actually defaulted, charged off & terminated it as shown on their statements.

Never missed one agreed payment either so whatever way you look at it they acted somewhat in a hasty manner without thinking first.

Hope that sort of makes some sense as I confuse myself with it all

Cheers as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Can I ask who the law firm acting for Arrow was? We have a lot of people here with court claims issued by Arrow for MBNA accounts!

Hi FP,

The law firm I have been dealing with is "Blake Lapthorn" based in Portsmouth.

Hope that helps

Cheers

Scrappy Coco

[SXGuy]

Re: MBNA / Arrow Global vs FOS?

To be honest, i doubt it.

If you have defaults already on your CRA then getting these removed (or trying to will do nothing)

However, knowing that they are faulty, is your tool against them should they take you to court.

You dont want to tell them its faulty, they will rectify it.

They can always send you a new DN you know?

Dont ever tell them its faulty, keep it as part of your arsenal should the worst happen.

EDIT: sorry just scrolled up the page and saw you have already been battleing them with this, so i guess keeping quiet is too late now.

But personally, and ive seen Niddy and Paul say the same thing (i think) a faulty DN is your way of getting any court proceedings dropped

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Back again,

One more question, given that a termination of account on the back of a faulty DN has occured, should I bug the life out of Call Credit, Experian, Equifax etc???

They are allowing false information to be held against me and taking MBNA / Arrow Global at their word.

Would a little letter pointing this matter out with a copy of the DN attached make them sit up and finally take notice that they also might get their arses sued off???

Cheers as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Afternoon all,

Just had a call from FOS adjudicator and MBNA have refused to roll the account back and remove defaults etc if I make the agreed original payment.

Adjudicator said it was somewhat of a shock given they terminated the account on the back of a faulty default notice and had broke a statutory regulation.

You would think someone in MBNA would have worked this out by now???

They have sold this account to Arrow Global and they don't have a hope in hell either.

Anyway, he has passed the matter on to an Ombudsman and I am hoping that in true form the Ombudsman will agree with the first ruling and completely f*ck MBNA in the arse.

Should I lodge a complaint with the ICO about the reporting a incorrect information contra to the Data Protection Act???

Also, considering just telling them to go forth and multiply given I know I've got them by the short and curlys.

And before anyone tells me off, I called the law firm acting for Arrow to advise MBNA had rejected the offer and the nice man told me it has been passed back to Arrow Global with a recommendation the sell it back to MBNA as it is very unlikely we would recommend they proceed given the unlawful termination.

F*cking happy days for now

Anyway that's the update

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Also what you intend to do in next three years.

Some finance jobs check six years (company dependent) and it will affect anything mortgage related for a start ...... but as for background checks, most are three years so you would be "safe" now so to speak

Hi Oscar,

Well for starters I don't intend on getting credit for anything ever again. That's for sure. We have 1 credit card with a small credit limit for emergencies only.

Surprising how much we relied on credit until the sh*t hit the fan so to speak.

As for employment I am self employed at the moment so credit checks by future employers won't be a problem.

If I do decide to get back in to an office then most employers are only worried about CCJ's & Bankruptcy. I know this from personal experience when having to ask to members of staff to leave due to CCJ's. They also had defaults but the bank wasn't concerned them.

With regard to the mortgage, we have just sold our house and the bank allowed us to port our mortgage without much hassle. They did bring up MBNA & Barclays but once I had shown them details of legitimate dispute they allowed it through.

Background checks will be fine as well as I have just been security cleared by the MOD and my CRB check was fine.

So I think I have all the bases covered for now.

It would be good to get this default removed but I have been fighting for 3 years and finally I have been provided right and MBNA acted completely outside the regulations and in a underhand way. So my thinking is I deserve some compensation hence the further reduced offer of settlement.

Cheers as always
Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

If it was me it would depend on how much adverse credit reporting I had!!!

Also what you intend to do in next three years.

Some finance jobs check six years (company dependent) and it will affect anything mortgage related for a start ...... but as for background checks, most are three years so you would be "safe" now so to speak

[mgfboy]

Re: MBNA / Arrow Global vs FOS?

Evening all,

Got the shock of my life on Friday afternoon.

FOS adjudicator called me and has actually agreed with what my complaint was about.

He also confirmed that the default notice was invalid and broke statutory regulations.

Nearly fell off my chair.

Anyway he is going to recommend that MBNA allow payment to be made and default removed from day one.

But I have different ideas in mind given I basically have them by the short and curlys now FOS & Arrows Solicitor agrees statutory regulations have been breached and if it went to court MBNA / Arrow would lose.

Basically I see I have 3 options

1. Make the agreed payment as per original agreement and get the DN removed.
2. Ask for a much reduced final payment given the treatment I have received and the 3 years of fighting for justice
3. Pay feck all and tell them to go forth and multiply and hang on for another 3 years and it naturally goes away.

Any suggestions welcome


Cheers
Scrappy Coco

If it was me it would depend on how much adverse credit reporting I had!!!

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Evening all,

Got the shock of my life on Friday afternoon.

FOS adjudicator called me and has actually agreed with what my complaint was about.

He also confirmed that the default notice was invalid and broke statutory regulations.

Nearly fell off my chair.

Anyway he is going to recommend that MBNA allow payment to be made and default removed from day one.

But I have different ideas in mind given I basically have them by the short and curlys now FOS & Arrows Solicitor agrees statutory regulations have been breached and if it went to court MBNA / Arrow would lose.

Basically I see I have 3 options

1. Make the agreed payment as per original agreement and get the DN removed.
2. Ask for a much reduced final payment given the treatment I have received and the 3 years of fighting for justice
3. Pay feck all and tell them to go forth and multiply and hang on for another 3 years and it naturally goes away.

Any suggestions welcome


Cheers
Scrappy Coco

[mgfboy]

Re: MBNA / Arrow Global vs FOS?

Cheers everyone,

I've kept everything from day 1 Vint but thanks for advice. There's no way any of the information I have is ever getting out of my sight. Even if the house was on fire that would be the first thing I took, or perhaps the wife and kids then the file

I'm also sure they couldn't sell it on again but we all know how these companies are like, don't we??????.

You can bet your life they didn't tell Arrow Global they had breached statutory regulations when they sold it to them. And that puts Arrow at risk as well as they have also registered a default against my name.

All I need now is FOS to say the complete opposite of what the solicitor told me and MBNA acted lawfully and haven't breach ANY statutory regulations. Might get a surprise though you never know.

Thanks as always for you comments and advice.

I be back with further updates at a later date no doubt

Cheers
Scrappy Coco

I think your find FOS will act as you have suggested or they will trot out the old saying we look at whats fair to both parties and dont take note of the legal position!!!

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Cheers everyone,

I've kept everything from day 1 Vint but thanks for advice. There's no way any of the information I have is ever getting out of my sight. Even if the house was on fire that would be the first thing I took, or perhaps the wife and kids then the file

I'm also sure they couldn't sell it on again but we all know how these companies are like, don't we??????.

You can bet your life they didn't tell Arrow Global they had breached statutory regulations when they sold it to them. And that puts Arrow at risk as well as they have also registered a default against my name.

All I need now is FOS to say the complete opposite of what the solicitor told me and MBNA acted lawfully and haven't breach ANY statutory regulations. Might get a surprise though you never know.

Thanks as always for you comments and advice.

I be back with further updates at a later date no doubt

Cheers
Scrappy Coco

[vint1954]

Re: MBNA / Arrow Global vs FOS?

Evening,

Emailed the items requested over to him this morning.

He called me again this afternoon and told me he would be advising Arrow Global to return this account to MBNA and demand a sell back as a clear breach of statutory regulations had taken place and the Default Notice is completely invalid due to the account being charged off before the DN was sent.

Also to late to rectify the matter on MBNA's part.

That's good news for now but I won't get my hopes up until they confirm everything in writing.

Then I suppose I'll have to wait for MBNA to sell my account to the next bottom feeder for peanuts and start the process all over again.

I'll keep you all updated on further events

Cheers as always

Scrappy Coco

Not too sure they could effectively sell it on again, having terminated the agreement. Keep hold of the responses you have, to use should they try it again.

After all, the solicitors concider it uncollectable.

[SA Gold]

Re: MBNA / Arrow Global vs FOS?

Good news!

[SXGuy]

Re: MBNA / Arrow Global vs FOS?

Thats great news, dont worry if you have to start it all over again, as you can see, they will soon bog off

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Evening,

Emailed the items requested over to him this morning.

He called me again this afternoon and told me he would be advising Arrow Global to return this account to MBNA and demand a sell back as a clear breach of statutory regulations had taken place and the Default Notice is completely invalid due to the account being charged off before the DN was sent.

Also to late to rectify the matter on MBNA's part.

That's good news for now but I won't get my hopes up until they confirm everything in writing.

Then I suppose I'll have to wait for MBNA to sell my account to the next bottom feeder for peanuts and start the process all over again.

I'll keep you all updated on further events

Cheers as always

Scrappy Coco