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  • #1

    Couple of questions ...

    HI all,

    Been a lurker, but have just registered ... I have a couple of questions I'd like opinions on please?

    - MBNA told me they can't find my CCA, also & in the sme letter informed me that they would not be taking any action. Subsequently it's been "assigned" (sold) to Arrow Global who have opened an account & are reporting a default & outstanding balance ... no agreement of any type has been entered into with the DCA. MBNA have admitted they can't enforce, so what's Arrow up to?

    - Amex can't produce a CCA, but have sent me a settlement letter ... I'm going to respond with a GFY letter. Is that correct?

    Ta!
    Tags: 2012, account, accounts, action, amex, arrow, arrow global, barclaycard, cca, claim, con, contract, cra, credit, credit reference, creditor, creditors, data, date, dca, debt, debts, default, details, equifax, experian, fine, letter, life, loan, mbna, mistake, niddy, no agreement, no cca, prices, problems, questions, reference, rights, scheme, sme, tax, template, templates, third party, unenforceability, wrong
  • #2
    Re: Couple of questions ...

    Sounds like they can't enforce it, but they are allowed to place a default on you as a statement of fact unfortunately.

    UE is not without it's problems and should only be entered into once you have reviewed all the facts.

    Comment

    • #3
      Re: Couple of questions ...

      Originally posted by Flowerpower
      When you say you'll send Amex a GFY letter, what exactly do you mean?
      A "Go Fuck Yourselves" letter
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: Couple of questions ...

        OK, thanks for the info man; I get that UE can be reported on by the OC but I don't understand how Arrow can open an account in my name without consulting with me first? Other DCAs or creditors haven't ...

        If a CCA is not forthcoming, & these accounts have been in dispute since Oct 2009, then surely it's almost UE by default on the part of the OC?

        BTW the MBNA account goes back to 1999, the Amex is Feb 2007. Other accounts I have am disputing are Marbles from 1999 (who aren't even looking to chase at all, can't produce) & Barclaycard from 1997 (sold to someone who asserts they have a valid claim but are playing skirt-around-the-issue & talking litigation - Niddy has the OC CCA).

        Comment

        • #5
          Re: Couple of questions ...

          Originally posted by ABF View Post
          but I don't understand how Arrow can open an account in my name without consulting with me first? Other DCAs or creditors haven't ...
          Hi, welcome aboard!
          When you mean opened an account, do you mean just by the letter you have received from them, or is their something on your credit file?
          Have you checked with Experian, or Equifax to see what is recorded in your name?
          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: Couple of questions ...

            just send arrow the account sold in dispute letter and attach a copy of MBNA's letter confirming they cant enforce the debt.

            Arrow will go away.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Couple of questions ...

              FlowerPower - apologies, I use the term "man" for everyone ...

              missy - I have checked my credit record & yes, Arrow have opened an account & registered it as their account/debt, & it is in default. I check this monthly, & the Arrow account was opened early this year.

              And just to clarify, I'm not about to enter into any settlement talks with any DCA or OC especially if none of them can come up with the necessary proof of debt.

              Comment

              • #8
                Re: Couple of questions ...

                FlowerPower - I shall start a diary, as suggested. Thanks. In the meantime, while I understand that Arrow have purchased the account from MBNA I didn't think they could open a credit account, in the name of a person, & record that on that person's credit record ...

                The MBNA account is closed, & the contract has been terminated ... subsequently marked as Satisfied on my credit record.

                In February 2012, a new entry was lodged under the name ARROW GLOBAL GUERNSEY LIMITED and immediately in default with an amount owing. The "closed accounts" section of the records distinctly show MBNA as closed/satisfied.

                I've lodged a dispute with the CRA but they won't/can't remove it without the say-so of Arrow apparently.

                Comment

                • #9
                  Re: Couple of questions ...

                  Originally posted by ABF View Post
                  while I understand that Arrow have purchased the account from MBNA I didn't think they could open a credit account, in the name of a person, & record that on that person's credit record ...
                  I didn't realise either. This starts of a whole new jar of worms - including renewing the 6 year default fiasco!

                  Could someone in the know, clarify this?
                  Thanks.
                  When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: Couple of questions ...

                    missy this couldnt renew the 6 year rule.

                    The new account should show the default date that the old one showed.

                    If not then easy compliant to fix it to all 3 CRA's
                    I am an IT Professional with a Background in most Microsoft Based Technologies. Currently Proud to Work at one of the Leading UK Universities. I have that Mentality of "If I can provide Useful Input - then I will Try my best to do so"

                    Life is full of Ups and Downs. Shame it just aint simple.

                    Comment

                    • #11
                      Re: Couple of questions ...

                      Originally posted by kilasuit View Post
                      missy this couldnt renew the 6 year rule.

                      The new account should show the default date that the old one showed.

                      If not then easy compliant to fix it to all 3 CRA's
                      Phew, thanks for clearing that up! So essentially they are renaming the original default.
                      When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: Couple of questions ...

                        Guys, i think the obvious is being missed here, there is a letter from MBNA confirming they cant enforce. Its a simple case of sending a copy of that letter to Arrow and send the account sold in dispute template.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #13
                          Re: Couple of questions ...

                          Originally posted by Flowerpower

                          When Arrow bought the debt, the MBNA account became satisfied by Arrow, who are now the creditor. There can only be ONE default per account
                          No, it shouldn't! See this:
                          Thanks for pointing that out. Point noted.
                          When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.


                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                          Comment

                          • #14
                            Re: Couple of questions ...

                            Originally posted by SXGuy View Post
                            Guys, i think the obvious is being missed here, there is a letter from MBNA confirming they cant enforce. Its a simple case of sending a copy of that letter to Arrow and send the account sold in dispute template.
                            Almost - you copy that letter and send it with one of these --> Our Templates | Unenforceability Templates | CCA Query - Letter Previously Confirming No CCA

                            It's not the account sold template in this instance.
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #15
                              Re: Couple of questions ...

                              You say Amex cannot produce an agreement, have you done a s.78 request and if so what's happened since?

                              Ideally do a diary as laid out by flower on previous page.

                              Finally as others have stated; assignment basically means the creditor has assigned the debt to a third party, usually a debt collector (dca) - in this case mbna (the assignor) sold the title and rights to arrow (the assignee). Now then, usually what happens is the assignee takes over the credit reference data in so much as they'll replace the original entry (in this case mbna) with their own details. The only visual difference should be the name of the creditor and the amounts and updated date. The default etc should remain as per the old original entry. In your case, there should be a settled mbna account showing and a new arrow entry appearing. The history and default date must be the same.

                              The mbna entry should not show default. It should change to settled. You can only have one default per life cycle of account.
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

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