Credit Card Dirk Turpins

[Mehim]

Hi, I am new to this forum after being advised that I would received more aid in my fights with credit card companies here.

Upshot is I got into a mess trying to support a business using credit cards and transferred balances.

At present I have several cards in the battlefield, 3 from early 2009.

I did use a Claims Management Company which fell of the face of the earth early 2011. I fought on myself and found a web site which gave some help, most of my courage came from other folks posts and the help I had received from the CMC.


I am a bit unsure how to proceed here, if anyone can advise me, I`d be most grateful.

Thank you

[nightwatch]

Re: Credit Card Dirk Turpins

welcome Mehim

I am sure someone who can help will be along soon,

good luck
Nightwatch

[Deepie]

Re: Credit Card Dirk Turpins

Have a read here ........ > http://forums.all-about-debt.co.uk/s...22&postcount=2

Then we will be able to help...........

[Mehim]

Re: Credit Card Dirk Turpins

TY Nightwatch,

Just been reading more info on this site, especially the way Pixie has done here diary thing.

Once I receive info on how to proceed I will try doing the diary as Pixie has done.

Again thanks for the responce

[Mehim]

Re: Credit Card Dirk Turpins

MBNA Credit Card

Commenced 1994

Balance £15,000

Last Paid Sept 2009

Status Not Paying Defaulted

Account Owner, this is in question, MBNA say they sold it to Experto, Experto say they are acting on behalf of Varde (Ireland), Credit Management Consultants say they are acting on behalf of Experto, Experto didn`t know who CMC were last time they tried talking to me.

[Mehim]

Re: Credit Card Dirk Turpins

I can commence a diary in the manner of Pixie`s, it will be quite long.

I think all my credit card debts are pre 2007 agreements or should I say applications. All I have managed to get from any company is a copy application form,

Thanks

[Deepie]

Re: Credit Card Dirk Turpins

I can commence a diary in the manner of Pixie`s, it will be quite long.

I think all my credit card debts are pre 2007 agreements or should I say applications. All I have managed to get from any company is a copy application form,

Thanks

yes just like Pixie's............

[nightwatch]

Re: Credit Card Dirk Turpins

Don't worry about it being a long list

they sent out for takeaway when I was starting mine, I wore the letters off the keyboard aswell!!

[Pixie]

Re: Credit Card Dirk Turpins

Hi Mehim

Get started on the diary - it doesn't matter how long it is (or how much your debts are)! Just make sure you use a different post for each credit card and give all the information Niddy asks for (Unenforceability Diaries - Read me First! - allaboutFORUMS). Also have a read through UPDATED - A Full Guide to Unenforceability - allaboutFORUMS if you haven't already.

Remember - no talking to dcas on the phone - everything in writing only.

Good luck!

[Mehim]

Re: Credit Card Dirk Turpins

MBNA

Balance was £13,000 when I stopped Paying in Sept 2009 now over £15,000

2009

Feb Contacted a Claims Management Company

Mar Agreed to sign up for 3 cards including this one (Other 2 I am assuming I will need to start a thread for them individually)

Mar Letter from CMC advicing me claim was going ahead and not to sign anything from MBNA and to pass all correspondence from MBNA to them ASAP

May Letter from CMC saying nothing had been received from MBNA They wrote telling them it was unenforceable as no documentation had been sent. I could stop paying if I wanted but would get loads of hassle. kept paying meantime.

Loads of telephone calls from MBNA which I stonewalled, referring them to the CMC

Aug Letter from Solicitors acting for CMC informing me that they were writing to MBNA asking for the account to be cancelled, if not they would be raising a Court action. Quote from the letter

"We have obtained the opinion of counsel (an advocate) who is of the view that there are reasonable prospects of success in this case. The risk of loss is therefore remote."

Oct Letter from CMC, they received the file from MBNA Agreement is unenforceable, Again said I could stop paying if I wanted to but expect loads of hassle and that they would default me. I decided I was stopping paying and they could default if they wished.

2010

Loads of calls, loved playing with them. The CMC advice that I was receiving when I called them gave me loads of confidence to rebuff MBNA and all their cohorts

Now to try and incorporate the MBNA part.

2010 All these were copied to the CMC.

Jan Threatogram CCJ Sheriff’s Court Decree etc, etc

Feb Nice letter offering help, they are here to help.

Threatened Default if I don’t pay

Apr Letter informing me that this would soon be written off as a bad debt and a
Default registered against me

Another letter (It is not too late to stop all this happening)

Another one threatening recovery action

May Again informed me that a default can be registered for 6 years. Also offering to consider settling my account at a lower amount. I was also to accept this letter as confirmation of an impending default and contact from a third party if none of the aforementioned options were feasible to me.

June Default notice served on the 4th remedy date 22nd. On or after this date
account will be terminated (Account actually sold to Experto 16th June, Gleaned from eventual SAR partial response from MBNA at a latter date)

June Experto Credite appeared 30th June with a letter saying Varde Investments
(Ireland) Ltd had bought the interest in the account and they were now the
legal owners.

Wanted me to call them.

July Offer to negotiate a favourable discounted settlement figure

Sept Home owner Notification.

2011

Jan HL Legal for Experto 7 days to pay or else.

March ARGGGGGGGGGGG Panic stations

Letter from an accountant`s firm. CMC went down the tubes, ready to jump of the highest bridge I could find.

April BIGGER ARGGGGGGGG

Letter from solicitors acting on behalf of the CMC basically saying that they could no longer advise me to fight on as the indemnity for the costs was no longer in place as the CMC was dead.

Letter to CMC returned to sender (me)

Letter to Accountants asking for my money back ignored. Solicitor had already advised me there was no money.

Boy am I glad I charged the cost to the MBNA card. I decided I best not try and use the Credit Card Guarantee to try and get that cash back.

Apr H L Legal telling me they have received instructions to issue proceedings at county court.

Apr Experto threatogram re doorstep visit. Muppets, I’m in Scotland.

Wrote to them advising what the CMC solicitor had said re winning in court

May Experto wrote saying they will contact MBNA regarding my dispute

May took stock, decided after reading all of the bumph from MBNA and friends, if they were going to do anything they would have done it 2 years ago so decided to fight on.

July Experto wrote saying MBNA confirms that there is no dispute. Want to know what I propose regarding payment.

August SAR sent to MBNA Asking for original signed agreement, Copy of all statements among other stuff.

Letter from them saying they were unable to locate the account, asked for dob etc

Replied giving name and dob also asked why they didn’t know who I was as all their mail came to the same address


Aug Experto wrote regarding my SAR sent to MBNA informing me that they did
not have the original agreement. I replied asking how their reps could tell me the agreement was unenforceable if they hadn`t seen it.

Another threatogram re doorstep visit and litigation

Sep I must have mentioned a notice of assignment (never received). Got one undated on MBNA headed paper and an undated letter on Experto headed paper saying they now owned the account.

Incomplete SAR received from Experto

Oct Credit Management Consultants appeared, My account had now been escalated to them. Doorstep visit. I wrote to them telling them the account was in dispute and had been since 2009 and they should ship it back to them ASAP

Nov Incomplete SAR received from MBNA

Wrote informing them there was no signed copy agreement, (signed application form came with the SAR) Threw Ezsias v Welsh Ministers (2007) at them

Nov More threatograms from my new friends, Bailiff`s Warrant, Attachment of
earnings, Charging order

Disc with all calls to and from Experto received.

Another letter from Experto apologising for their numptes telling me the agreement was unenforceable when only a court could do that

Informed Credit Management Consultants about the lack of a signed agreement from MBNA, again told them to ship it back.

Experto called once since then during that convo, they didn`t know who Credite Management Consultants were. They mentioned a letter from December which I never receieved, said they would send it recorded but it still hasn`t arrived.

Jan Still no further response from MBNA. Warned them I will be making a complaint to all relevant authorities

That is where I stand now. On reading the MBNA coms log I found the following:-

“Scottish Add – Unable to Sub Litigation CSI – EDU further letters and call”


And that is it so far.

[Mehim]

Re: Credit Card Dirk Turpins

I used to talk to them all. I now have a truecall and will be recording everything. Sheesh, since i got it no one has called me.

[oscar]

Re: Credit Card Dirk Turpins

“Scottish Add – Unable to Sub Litigation CSI – EDU further letters and call”

I assume, that you live in Scotland - hence "Scottish Add" Sub = submit. CSI is just an internal form.

EDU I think is a department.

[MrsD]

Re: Credit Card Dirk Turpins

OK Mehim, as you are in Scotland you are no doubt aware that the debts become statute barred and are extinguished after five years of non payment and no acknowledgement by you in writing. So if you stopped paying in 2009 you are a good way along the road as long as the claims management eejits did not admit on your behalf.
UE is basically ping pong game, you reply to all their rubbish with the carefully tailored letters in the letter templates. the claims people were insane thinking about taking it to court, you NEVER take it to court, you are in a fortunate position, you have a letter saying there is no CCA and they can't enforce, so you just keep batting away whoever writes to you with a copy of that and hang in there until it becomes SB.

[Mehim]

Re: Credit Card Dirk Turpins

Thanks for the reply evenlessdopey. I don`t have a letter saying there is no CCA. What MBNA sent to me is an application form in my opinion.
Thank you

OK Mehim, as you are in Scotland you are no doubt aware that the debts become statute barred and are extinguished after five years of non payment and no acknowledgement by you in writing. So if you stopped paying in 2009 you are a good way along the road as long as the claims management eejits did not admit on your behalf.
UE is basically ping pong game, you reply to all their rubbish with the carefully tailored letters in the letter templates. the claims people were insane thinking about taking it to court, you NEVER take it to court, you are in a fortunate position, you have a letter saying there is no CCA and they can't enforce, so you just keep batting away whoever writes to you with a copy of that and hang in there until it becomes SB.

[MrsD]

Re: Credit Card Dirk Turpins

Aug Experto wrote regarding my SAR sent to MBNA informing me that they did
not have the original agreement. I replied asking how their reps could tell me the agreement was unenforceable if they hadn`t seen it.