MBNA / Arrow Global vs FOS?

[Scrappy Coco]

Hi all

Scrappy again needing some more advice regarding MBNA as their normal box of tricks.

This is going to be a long story.

Back in 2009 I did a deal with MBNA for a F&F @75% off the balance which I have in writing from them.

This was made up of 3 small payments with the final payment being made in Oct 2009.

All was going well up until the final payment was due. I called up MBNA on xx date in Oct 2009 as agreed to make the final payment.

This is when things went down hill fast. I was told that payment couldn't be taken as the account had a ZERO balance. Asked them to find out what was going on only to be told that the account had been defaulted and terminated that very day.

So to cut a long story short I tried without much success to contact the advisor who had set up this F&F to find out what was going on.

I was always promised a call back but one never came.

I did an SAR as I want to know what was going on and there it was in black and white. They had defaulted and Charged Off the account as I had been told on the day I tried to make the F&F payment.

I wrote to MBNA over the coming months to find out why they had breached the agreement we had in writing and I was still waiting to make payment. All letters sent recorded delivery and signed for and I never received a reply.

While writing to MBNA I received a DN dated November 2009 sent UK Mail and invalid as it didn't give me enough to to rectify the issue but in any case how could I rectify something they had already done??????

In the end I gave up chasing them and thougt happy days that's £16k I've saved myself.

Wasn't really worried about a default on my credit file as things couldn't get much worse. And as for credit, never again.

So heard nothing from MBNA until Jan this year and they had sold the account to Arrow Global absolute assignment.

Wrote to Arrow Global explaining the situation and they advised that they had contacted MBNA for them to investigate.

In the meantime I have written to FOS who wanted and final say letter from MBNA.

MBNA have written back and totally ignored the serious issues I have raised and basically told me to deal with Arrow Direct as they no longer own the account.

So they failed to answer the following:

Breached agreement in writing
Default Notice not only invalid but only good for bog paper

But it get better, I also have a default from MBNA dated Oct 2009 but I also have one from Arrow Global dated Oct 2009 for the same debt.

Contacted all three CRA only to be told that's correct and nothing to do with us.

So basically what are my options?

Totally invalid DN. Issued after they had defaulted and charged off the account.
Breached agreement in writing

Thanks as always
Scrappy Coco


P.S. I have a copy of the CCA which MBNA have also failed to send me. I requested this getting on for 4 years again. And it's UE. No prescribed terms, Credit Limit, Interest rate etc.

P.P.S Charges on the account come in at about £8.5K with compound interest. The longer this goes on the more like the balance will be wiped out. Good for a counterclaim

P.P.P.S Can I trust FOS not to make a complete fecking hash of this and not feck me?????????

[oscar]

Re: MBNA / Arrow Global vs FOS?

Wow, alot going on there.

If it were me (and I have had dealings with MBNA and Arrow), I would:

Send a letter to Arrow stating the account has been sold after a F&F settlement - dont mention the payments at the moment - this is just a delaying tactic.

I also had the same issue with the defaults. I had the same response, I emailed back pointing out there was no link between the defaults and they appeared as two seperate entries. They probably told you that both enteries need to remain. - I pointed out that one debt = one entry and one HAD to be removed.

Tell them unless it is done you will seek legal advice (this is what I did - dont know if it made a difference) - my defaults were removed fairly quickly.

As you account has been sold "in absolute" I would also claim back all your charges - late fees, overlimit, PPI etc from MBNA as they will refund you by cheque

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Thanks for your response.

I have already completed the spreadsheet for compound interest @ 34.9% Thank you MBNA. As I pointed out it comes to a nice little number.

Who is it I should contact regarding the default from MBNA & Arrow? Is it the CRA or MBNA?

As they sent the DN 1 month after they had Terminated & Charged the account off, and the dates to rectify were November as well, did they have the legal right to sell the account in the first place?

Thanks as always

Much appreciated

Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Thanks for your response.

I have already completed the spreadsheet for compound interest @ 34.9% Thank you MBNA. As I pointed out it comes to a nice little number.

Who is it I should contact regarding the default from MBNA & Arrow? Is it the CRA or MBNA?

As they sent the DN 1 month after they had Terminated & Charged the account off, and the dates to rectify were November as well, did they have the legal right to sell the account in the first place?

Thanks as always

Much appreciated

Scrappy Coco

I wouldnt bother with the spreadsheet - just send a standard template. They will refund up to £12 with the first response, and the full amount after - including compound interest.

Send the complaint regards the defaults to the CRAs - I only sent to one - but MBNA removed from all three without asking.

They can sell the account, but the DN is invalid, so probably not - afraid I am not an expert on DNs but as this was three years ago, I doubt there would be much that could rectify the issue, but we can easily get rid of the DCAs when they come knocking.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi again Oscar,

Sorry to be a pain. Is there a template anywhere quoting the law re defaults anywhere.

I know there is some ICO legislation regarding it but can't seem to locate at the mo.

What would rectify the issue is for MBNA to recognize that they scr*wed me over, let me pay the F&F and remove the default. Like that is ever going to happen

I'll send them a letter then and see how I get on with it.

Thanks for your help

Much appreciated

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Afternoon all,

Interesting articule on the BBC today regarding MBNA

BBC News - PPI: One womans £65,000 compensation payment

Also been informed that MBNA shouldn't have sold the account on the back on a completely invalid default notice.

So if Arrow come knocking I will happily tell them to go or take me to court as your buggered either way.

Good job I have got all the details from the CRA's and the statement showing account charged off & terminated.

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Afternoon all,

Well just got home from work and opened and nice letter from Blake Lapthorn.

If I don't pay in 7 days we are instructed to issue court proceedings without further notice I've lost count of how many Solicitors, DCA's this has been sent to. Every time I write back with all the breaches it gets passed only again.

Shall I just write back with "Make my day letter again" as they haven't got a leg to stand on?????

MBNA breaches

CCA I have in my filing cabinet is an application form with no prescribed terms anywhere. Defence Number 1

Agreement in writing for a full and final which MBNA breached. Defence Number 2

Default Notice sent nearly a month after Termination ( Copy Statements and CRA reports confirm) Defence Number 3

All advice welcome
Thanks as always
Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

As you account has been sold "in absolute" I would also claim back all your charges - late fees, overlimit, PPI etc from MBNA as they will refund you by cheque

Hi Oscar,

Quick question, If I reclaim all charges etc would this provide proof I acknowledge the debt??

I only ask as not paid a been for 3 years and if it keeps getting passed around the likelihood is the 6 years will arrive and I can say feck off knobheads.

Just worried they'd still come after me for the remaining amount

Cheers
Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Bump anyone?

[oscar]

Re: MBNA / Arrow Global vs FOS?

I reclaimed mine back and am going down UE route.

As far as I am aware, only paying and corresponding about the debt acknowledges it. You are not acknowledging the debt as such, but requesting that charges applied to it are refunded.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Cheers for that. Makes me feel better.

I have been looking through all the different DCA's & Solicitor letters I have received and they all say the same thing "7 days or else" "Instructed to start legal proceedings" blah blah blah.

I know that I have them by the short and curlys as they have messed up in a very large way but I just think to myself that one day someone is going to take the chance and actually start legal action.

My saving grace is the application form I have has no Prescribed Terms, Credit Limit, APR etc etc so they won't be able to just create one out of thin air as they'll come unstuck.

The other thing the agreement in writing for a full and final which they went back on. Proof is in the final statement which actually states Terminated, Charged off. Then there's the CRA's report that all confirm it.

And finally, what I think is my trump card. DN sent and dated 2 weeks after they performed the deed and only gave me 9 days to rectify when it had already been done. and it was sent UK Mail. From what I have been reading the DN issue alone is enough of a defence in court as they have actually broken the law let alone all the other stuff.

Anyway moving on, how to I reclaim and how do I work out what I can legally request???

Thanks as always
Scrappy Coco

[oscar]

Re: MBNA / Arrow Global vs FOS?

Anyway moving on, how to I reclaim and how do I work out what I can legally request???

Thanks as always
Scrappy Coco

You want a quick letter, just stating that you are have been made aware that you have paid charges on your account that you consider to be unlawful etc.

There are plenty of templates on the net. You dont need to request a list of charges ...... MBNA have a fairly quick turn around.

First offer will be a refund of charges to the £12 limit. I have a stonking (in my opinion!) second template that gets/got everything refunded including interest.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Just the £12 or the £12 @ compound interest rate of 34.9%?

I only ask as there's lots of different opinions online and I've never requested charges back before.

If it's the compound interest rate then happy days as it will clear 3/4 of the balance if they come seriously knocking at the door with real threats.

Would be good for a proper F&F and removal of DN

Cheers
Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Can I have a copy please

[oscar]

Re: MBNA / Arrow Global vs FOS?

Hi Oscar,

Just the £12 or the £12 @ compound interest rate of 34.9%?

I only ask as there's lots of different opinions online and I've never requested charges back before.

If it's the compound interest rate then happy days as it will clear 3/4 of the balance if they come seriously knocking at the door with real threats.

Would be good for a proper F&F and removal of DN

Cheers
Scrappy Coco

Just the £12 initially, then after the second letter, all charges, 34.9% AND 8% ......... see how you fair with the first letter.

My first letter (and this was a slightly modified internet template) was literally:

I write with respect to the late and overlimit fee charges that have been applied to my account.

Over the past six years, you have charged me for a substantial amount and it has come to my attention that this is unlawful at common law, and under statute and recent consumer regulations.

In the terms of the contract which you agreed to at the time that I opened my account, it is implied that you will conduct yourselves in a manner which complies with UK law.

Please note that I am well aware that the well publicised ‘test case’ on bank charges bears absolutely no relation to Credit Card charges.