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  • #1

    So it begins

    Hi all,a bit of background-bank loan+five credit cards,loan being the last taken tail end 2005.Went abroad,money going into bank to pay all,late payment going in,account short by 69p(!),bank didn't pay dd's,added charges etc,came back to UK to nightmare.Followed citizens advice,contacted creditors,knocked back by all.Usual story,naiive and thought being a good customer counted for something !Took the attitude that if that's how they were going to be....this is i guess my default time,may(ish)2006.Heard nothing apart from odd threatograms to old addresses...until this week.Letter from dca concerning old mbna card.As posted in another thread,think they got my address from DVLA.Not overly concerned as getting near sb but...a couple of questions :
    Is the first step,after ignoring letter for a while,a prove it letter or a cca letter?
    I don't know if i have any ccj's or definate default dates as i can't see my credit reports as if i send for them,i will alert the rest of the fishermen and i don't want to help them ! They will find me soon enough thanks to DVLA !
    The letter in question is from crapquest regarding mbna....they do state that"has been sold to crapquest" and also that "if you fail to comply with our request to contact this firm,we will not hesitate to utilise the legal system to its full extent".Notice it does not say "may" !Also says "no contact will mean further action".Apparently they will pass it to HL Legal solicitors.
    Not sure if this is just a standard threatogram or not !
    Sorry for sketchy details but i don't have them myself.....one other point worth mentioning-pretty sure none of my debts were done online,all done the paperwork way.
    Just need to play this out for the six months or so until sb...not worried about the others as not been contacted by them...yet.
    Thanks in advance...
    Tags: action, bailiffs, bank, capquest, cca, cca request, cca?, ccj, consumer, consumer credit act, court, cra, crapquest, credit, credit agreement, creditor, creditors, data, debt, debtors, dpa, fee, fine, guidelines, issues, job, legal, letter, mat, mbna, niddy, nuisance, oft, online, protection, templates, threats, unenforceability, unenforceable, unfair, website
  • #2
    Re: So it begins

    Don't fret at CapQuest - they make idle threats to anyone.....

    However they messed up by doing it to me! ---> Niddy v CapQuest

    Send them this back - see what they decide to do: ---> Threat by Creditor - Threat-o-Gram Letter Before Action
    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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    • #3
      Re: So it begins

      Thanks for the quick reply NID ! Will do....guess it doesn't matter that i haven't actually sent mbna a cca? !

      Comment

      • #4
        Re: So it begins

        I wouldnt worry about MBNA - full of hot air.

        Anyway, maybe you did send a CCA request - maybe they just didnt recieve it! - I wouldnt actually state this, but just follow procedure as if you did send one, and by the time they have stopped faffing about, the SB date will have passed and jobs a good un.
        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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        • #5
          Re: So it begins

          Originally posted by thatnamestaken View Post
          Thanks for the quick reply NID ! Will do....guess it doesn't matter that i haven't actually sent mbna a cca? !
          In that case send nothing back - ignore them for now
          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

          • #6
            Re: So it begins

            Thanks for the quick reply ! I can see i am going to enjoy being on this site !!

            Comment

            • #7
              Re: So it begins

              Originally posted by thatnamestaken View Post
              Thanks for the quick reply ! I can see i am going to enjoy being on this site !!
              LOL, its only cos I am uploading data to the website and need a quick break so refreshed the forums and this was top of new posts....

              Having serious coding issues right now - bloody puters eh!
              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

              • #8
                Re: So it begins

                Ha,yes,love them,not....photography i can help with,computers not really...but will crack open a tinny on your behalf anyway....

                Comment

                • #9
                  Re: So it begins

                  Originally posted by oscar View Post
                  Anyway, maybe you did send a CCA request - maybe they just didnt recieve it! - I wouldnt actually state this, but just follow procedure as if you did send one, and by the time they have stopped faffing about, the SB date will have passed.
                  Thanks for that really clever tactic Oscar I just hope I remember it in 5.5 years time.

                  Comment

                  • #10
                    Re: So it begins

                    Well, its only because MBNA have "problems" with paperwork and filing. They have a habit of losing a lot of stuff.

                    However, they dont correspond in writing apparently (so I am told by a friend) as they are a telephone bank.

                    Personally, I would think that is a breach of DPA fopr a start (deaf people cant generally use a phone!), breach of OFT guidelines (Confirmation?) and also, I assume it is written into T&Cs that a telephone is an essential requirement for an application to be accepted?

                    I could go on and on and on .... you get the idea!
                    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

                    • #11
                      Re: So it begins

                      Originally posted by oscar View Post
                      Well, its only because MBNA have "problems" with paperwork and filing. They have a habit of losing a lot of stuff.

                      However, they dont correspond in writing apparently (so I am told by a friend) as they are a telephone bank.
                      Maybe your "friend" knows this because they used to work there ? MBNA did my credit card application over the phone and then the card plopped on my doormat a week later. So they can go on searching for my CCA for as long as they like but they won't find one unless Hogwarts gets involved

                      Comment

                      • #12
                        Re: So it begins

                        Well, I used to be there as well PB - but my comment above is a recent one they have been coming out with when calling people who have asked that everything is kept in writing for clarity.
                        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: So it begins

                          Greetings all,hope everyone is well !
                          Just a quick update....have not contacted Crapquest as of yet,just received the latest threatogram this morning.It is a letter before action and reads as debt assigned from MBNA.
                          It basically says that it is their intention to progress the account to pre litigation and their solicitors MAY commence legal action.It then waffles on about it is their intention to seek an order of the court and they will seek to enforce the order with a warrant of execution and if they obtain that they will instruct bailiffs blah blah......
                          Would you think that it is best if I still hold off on the letter writing and wait and see if they actually get a court order?
                          Advice appreciated as allways !

                          Comment

                          • #14
                            Re: So it begins

                            Originally posted by thatnamestaken View Post
                            Greetings all,hope everyone is well !
                            Just a quick update....have not contacted Crapquest as of yet,just received the latest threatogram this morning.It is a letter before action and reads as debt assigned from MBNA.
                            It basically says that it is their intention to progress the account to pre litigation and their solicitors MAY commence legal action.It then waffles on about it is their intention to seek an order of the court and they will seek to enforce the order with a warrant of execution and if they obtain that they will instruct bailiffs blah blah......
                            Would you think that it is best if I still hold off on the letter writing and wait and see if they actually get a court order?
                            Advice appreciated as allways !
                            I Would send them this...> Threat by Creditor - Threat-o-Gram Letter Before Action
                            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

                            • #15
                              Re: So it begins

                              Thanks In 2 deep ! This is the one that Niddy advised me to send before but then advised to hold off as i have not actually sent a cca request yet.....
                              One quick dumb question....how do I actually copy the template letter...have tried to copy and paste but it doesn't work.....
                              Thanks again !

                              Comment

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