MBNA / Arrow Global vs FOS?

[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

[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

[PlanB]

Re: MBNA / Arrow Global vs FOS?

Hi FP,

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

That's such good news and what a Happy Ending

I also got a LBA from Blake Lapthorn and I responded with a s.78 CCA request to Arrow and they backed down as a result. I like your story because you faced them with the bad DN evidence as soon as the threats got serious from the solicitor which clearly prevented a court summons from being issued. Beating a creditor is good, but beating a solicitor is even better. Well done.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

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 again SXGuy,

This is what the guy at Blake Lapthorne has advised. They have sent the account back to Arrow Global and advised them to return it to MBNA as a serious breach of Statutory Regulations has occurred. He did also point out that if Arrow Global wish to peruse this matter they have to act on their clients wishes but they would them to reconsider and force a buy back on MBNA.

He is actually very helpful if I'm being honest. He doesn't think they have any hope of collecting this outstanding amount.

I'm not being sucked in by him either as I have had this confirmed elsewhere.

He also advised that even if I hadn't called to make the agreed payment on the agreed date (which I did) MBNA still had a legal obligation to allow the 14 days to clear the arrears as set out in CCA s.88(2) & CCA s.87(1). They didn't and shut the account down on the same day which has done me a massive favor silly

Any thanks as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

That's such good news and what a Happy Ending

I also got a LBA from Blake Lapthorn and I responded with a s.78 CCA request to Arrow and they backed down as a result. I like your story because you faced them with the bad DN evidence as soon as the threats got serious from the solicitor which clearly prevented a court summons from being issued. Beating a creditor is good, but beating a solicitor is even better. Well done.

Thanks for your support Plan B

I won't get excited just yet. I'll let you do that for me for now

I'll wait for confirmation from all or any of them first. Don't care which one contacts me first.

And with FOS (well at least the adjudicator) on my side things are looking up for now.

To tell you the truth I'm somewhat in a state of confussion that someone from FOS actually knows what their job is really about. Looking at the facts and not making a decision based on their own mind boggling assumptions and totally confusing matters even more


Cheers as always

Scrappy Coco

[PlanB]

Re: MBNA / Arrow Global vs FOS?

I'd just be happy to know that Arrow's solicitor admits that they haven't got a legal leg to stand on in court to collect the debt. Getting the Default removed from the DCAs doesn't really matter in the grand scheme of things. But not paying £16k sounds good to me

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Sounds bloody good to me as well.

They had their chance and they blew it, idiots

Cheers
Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Evening all,

Something underhand is going on with this matter.

I received the adjudicators letter referring this matter to an Ombudsman and something serious stood out in his notes which I queried with him and his response was as follows:

"MBNA provided me with system notes which indicate that a letter was sent 19 May 2009 outlining its intent to add a default to *********** credit file. MBNA has also told me that this was not done as a partial settlement was subsequently agreed, as outlined in its letter dated 18 September 2009"

This is complete and utter bullshit as I have kept every piece of correspondence from MBNA and there is a DN dated the 19th May 2009 anywhere. I have also triple checked the 2 SAR's and there is no DN dated for May 09 either. There is however the DN dated 9th November 2009 which was issued 2 weeks after they closed and terminated the account.

I have a sneaking suspicion that MBNA realise they have completely fecked themselves and are busy making system entries to cover their backsides.

I also queried the following: If they issued the DN in May 09 why did they not act on it and waited another 4 months to contact me and make a settlement offer????????? Surely they should have acted on this phantom DN much sooner that??? I also pointed out that MBNA have worked outside their own in house protocol of 6 months of no payments immediate default do not pass go so what makes my case any different????

I just hope the Ombudsman doesn't get the wool pulled over his eyes and overrule what the adjudicator has already decided. That would be just my bloody luck. The only time something is going my way with FOS and it all turns to shit

Anyway am I just being paranoid or should I start to worry about what could be going on here?

Answers on a postcard

Thanks as always

Scrappy Coco

[The Tech Clerk]

Re: MBNA / Arrow Global vs FOS?

Evening all,

Something underhand is going on with this matter.

I received the adjudicators letter referring this matter to an Ombudsman and something serious stood out in his notes which I queried with him and his response was as follows:

"MBNA provided me with system notes which indicate that a letter was sent 19 May 2009 outlining its intent to add a default to *********** credit file. MBNA has also told me that this was not done as a partial settlement was subsequently agreed, as outlined in its letter dated 18 September 2009"

This is complete and utter bullshit as I have kept every piece of correspondence from MBNA and there is a DN dated the 19th May 2009 anywhere. I have also triple checked the 2 SAR's and there is no DN dated for May 09 either. There is however the DN dated 9th November 2009 which was issued 2 weeks after they closed and terminated the account.

I have a sneaking suspicion that MBNA realise they have completely fecked themselves and are busy making system entries to cover their backsides.

I also queried the following: If they issued the DN in May 09 why did they not act on it and waited another 4 months to contact me and make a settlement offer????????? Surely they should have acted on this phantom DN much sooner that??? I also pointed out that MBNA have worked outside their own in house protocol of 6 months of no payments immediate default do not pass go so what makes my case any different????

I just hope the Ombudsman doesn't get the wool pulled over his eyes and overrule what the adjudicator has already decided. That would be just my bloody luck. The only time something is going my way with FOS and it all turns to shit

Anyway am I just being paranoid or should I start to worry about what could be going on here?

Answers on a postcard

Thanks as always

Scrappy Coco

send copies of the evidence to the Ombudsman?

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi TTC,

I will be making copies of the SAR's tomorrow but how this will prove they didn't send a DN in May 09 is another question. I have also made him fully aware that they never sent one.

From what he has said in his letter to me I think he believes me and is on my side as he quotes "I believe that ****** tried to honor the agreement in place with MBNA as it would have allowed the right off 3/4off the outstanding balance"

"MBNA have been unable to supply any details surrounding the events leading up to the default being placed on the account"

This I find very strange as I even supplied the date, time & name of advisor who I spoke with when trying to make the final payment. MBNA to seem to have a lot of system issues when it suits them

What's too stop MBNA just creating one and saying they forgot to send it out with the SAR TWICE

I suppose the other thing in my favor would be WHY they didn't act on it in the first place? As surely if they sent it they should of acted on it and not waited 4 months to contact me about an offer. They should of acted on the first one would as it would have still been valid I presume.


Thanks as always

Scrappy Coco

[helmsman]

Re: MBNA / Arrow Global vs FOS?

Evening all,

Something underhand is going on with this matter.

I received the adjudicators letter referring this matter to an Ombudsman and something serious stood out in his notes which I queried with him and his response was as follows:

"MBNA provided me with system notes which indicate that a letter was sent 19 May 2009 outlining its intent to add a default to *********** credit file. MBNA has also told me that this was not done as a partial settlement was subsequently agreed, as outlined in its letter dated 18 September 2009"

This is complete and utter bullshit as I have kept every piece of correspondence from MBNA and there is a DN dated the 19th May 2009 anywhere. I have also triple checked the 2 SAR's and there is no DN dated for May 09 either. There is however the DN dated 9th November 2009 which was issued 2 weeks after they closed and terminated the account.

I have a sneaking suspicion that MBNA realise they have completely fecked themselves and are busy making system entries to cover their backsides.

I also queried the following: If they issued the DN in May 09 why did they not act on it and waited another 4 months to contact me and make a settlement offer????????? Surely they should have acted on this phantom DN much sooner that??? I also pointed out that MBNA have worked outside their own in house protocol of 6 months of no payments immediate default do not pass go so what makes my case any different????

I just hope the Ombudsman doesn't get the wool pulled over his eyes and overrule what the adjudicator has already decided. That would be just my bloody luck. The only time something is going my way with FOS and it all turns to shit

Anyway am I just being paranoid or should I start to worry about what could be going on here?

Answers on a postcard

Thanks as always

Scrappy Coco

Hi,
Good luck with the FOS they screwed me over good and proper had the evidence to back up my case and the bitch adjudicator just ignored it. ps when I sent for a sar the evidence the bitch used was a letter I never received and also was not in the sar.

[ken100464]

Re: MBNA / Arrow Global vs FOS?

Was just going to add in our SAR our default is clearly shown although it has the arrears amount and the full amount outstanding showing.

The default we actually got was just for the full amount so something is not right in the coms log.

Either there is a communications breakdown between the account log and the default generating team or stuff is being added afterwards to make things look good for MBNA.

I know where my money would be.

Think FOS want to wake up to the fact banks are lying and making FOS look stupid.

Any trick they have they will use to cloud the water.

Good luck on your battle

[SXGuy]

Re: MBNA / Arrow Global vs FOS?

I think what you should make sure you do, when communicating with the FOS, is to give clear direct questions, and back it up with evidence that you provide.

That way, they can not ignore, deveate or comb over the actual question and evidence.

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Hi all,

Thanks for your support. I think FOS might actually be on my side for this one fingers crossed.

Things just don't add up with what MBNA have told FOS and that's why the adjudicator ruled in my favor I think and MBNA rejected his findings. That's why he has passed it an Ombudsman.

Just have to play the game and wait for the outcome.

I do find it funny how when FOS rule against you the company involved pounces and is on your case ASAP but when it goes against them they reject the findings and you don't hear a bloody word out of them.

Even Arrow Global and Blake Lapthorn backed off once they realised things could prove slightly more complicated than they originally thought. Not heard a word from either of them after their initial threats of pay up in 7 days or we WILL not MAY take you yo court.

Lets just keep everything crossed that the Ombudsman see's straight through them and agrees with the adjudicator. If history repeats itself that's what should happen. Always has been the case in the past Ombudsman agrees with Adjudicator.

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: MBNA / Arrow Global vs FOS?

Morning all,

Need some advice. Nice chap from Blake called this morning asking for a copy of adjudicators decision which MBNA rejected as their client Arrow has been unable to get answers from MBNA.

Strange if you ask me but doesnt surprise me.

Shall I send him a copy?

Thanks as always

Scrappy Coco