Fuzz66 diary

[fuzz66]

Account #1.

VIRGIN (MBNA) Credit Card

Type of account Credit card
Date Commenced February 2006
Balance £11,400
Last Paid May 2011
Arrangement. Not Paying
Status. Default
Account Owner. ME III

2011

I had missed or late payed some payments because Peter and Paul didn't want to be robbed anymore. The reason I got in trouble was messy divorce, being a doting dad and my solicitor wasn't quite as convincing as her's. Anyway, here goes.

February Letter from MBNA saying account included in periodic review as such they have withdrawn credit facility.
May Last payment made.
June Letter sent to Virgin, "I am unable to meet my payment"
July Notice of sums in arrears received for June and July.
August Letter from MBNA, "Your credit card is two payments in arrears, this will incur fees. Information is being with credit ref agencies. Information visible to other lenders.
September. Notice of sums in arrears for Aug and Sep.Pay now.
October. Letter from MBNA, Imminent termination of your account. Are you in financial difficulties? Didn't they read the memo? I can't meet my payments.
November. DEFAULT NOTICE received.
November. Records show you have exceeded your account limit. No you did with charges.
November. Notice of sums in arrears received for Oct and Nov.

2012

January. Letter from MBNA stating my credit agreement has been terminated and they still require me to pay my debt. My credit file has been updated and recovery action to commence etc.
February. Letter from DLC saying that the debt has been assigned to Hillesden Securites Ltd (DLC). MBNA are no longer owners of the account it is now owned by DLC.
March. Letter from DLC stating i didn't respond to their letter. I know my head was in the sand bucket. If I talk to them they will offer F&F or £10/mth terms.
March. Letter from DLC, "75% of balance if paid in 21 days"
May. CCA request sent to DLC. This was a delay tactic as I didn't have a clue what I was doing.
July. Response to the CCA request. Letter stating they have included the agreement and terms. The have fulfilled their obligation and i should now pay. Head went back into the sand,and like all the letters I ignored it.
August. Letter from APLINS solicitors saying if I don't contact DLC legal actions and damnation may commence.
October. Letter from DLC another offer of 75% F&F settlement.
December. Notice of Summs in arrears (NOS) received from DLC.

2013

January. Annual Statement of Account received.
July. Annual Statement of Account received.(X4)
August. Letter from DLC addressed "To the occupier!" "We need to contact the above named person on an urgent matter" blah blah.
August. Letter from DLC please call us.
September. Another 75% F&F.
December. Another 75% F&F.
December. Notice of sums in arrears.

2014

January. Annual statement of account.
February. Letter from MBNA. "We have reviewed your account and have instructed Mercantile Data Bureu Ltd, (DLC sub company) to manage your account.
March. Letter from Mercantile (MDB) "if you pay half in 14days we'll write the rest off" Still can't pay.
April. Letter from DLC saying they are disappointed I haven't payed them. So they will now give RUTHEBRIDGE a chance at making me pay.
May. Letter from Ruthbridge saying they would like to reslove the matter.
May. Letter from Ruthbridge 50% or they will get a CCJ and damnation against me. But they would rather resolve it amicably.
June. Notice of sums in arrears from DLC.
July. Notice of arrears.
November. Letter from DLC, Ruthbridge gave up so they will ask Lucas Credit to manage my account.
December. Letter from LUCAS Credit services, offerring 50% discount which I can pay online.

2015

January. Annual statement received.
January. Letter from Lucas Credit services giving me three choices. 50% off pay in 14days. 30% off at 3 installments or £23.85 every month.
January. A RED letter from Lucas asking me to tell them how I will pay.
June. Arrears notice received from DLC
July. Annual statement from DLC.
August. Letter from DLC asking me to take some positive steps in repaying, if I complete a budget planner with them they can tell me how much I can afford.
September. Letter from DLC advising me about potential legal action. I couldn't care as I had lost hope well before now.
October. Letter from DLC stating my account has been selected for possible legal action. Or do a budget and pay.
November. Letter from DLC. "as we haven't heard from you, your account has been placed with CABOT Financial. They will instruct Mortimer Clarke Solicitors"
November. Letter from Mortimer Clarke Solicitors if I don't respond they will issue a court claim asking the court to make a Judgement order and ask that if I don't respond to the claim they will ask for a judgement in default plus costs and installments of £50/mth.
I responded to this by sending a CCA request plus £1 fee to MCS. Recorded delivery.
November. Letter from MCS, "This firm does not hold the documents requested" "Matter placed on hold"
December. Notice of sums in arrears from DLC.

2016

January. Annual statement from DLC
March. Letter from DLC stating account has been sold from Hillesden securities Ltd to ME III Ltd, As they are all DLC keep paying the same people. Also they state that the letter is also the Notice of Assignment.
June/ July/December. Only received Notice of arrears, and statement of account.

2017

January Statement of account.
June. Notice of arrears. Letter from MCS. "Further to your CCA request in 2015 enclosed is a copy of your Agreement, Original terms, Statements for 6 years and Default Notice.. This is all we have to supply" they quote the FCA Consumer Credit guidebook rule 13.1.4. And that it is now enforceable.
At this point I have more or less lost it. I spent a lot of time searching on what to do and posted on another sit. I did get a good response from one person but don't think I can disclose. I then came across this site and read and read and read. For the first time there was hope. I sent agreement to Niddy and he said it was . YIPPEEEEE!

Before I got a response from Niddy and a link to the Virgin (MBNA) thread, I responded to Mortimer Clarke that I did not think they had complied with the CCA request. And quoted FCA Consumer Credit guidebook rule 13.1.6 "Failure to Comply". I couldn't tell you why.
July. Letter from MC Solicitors. "We refer to the matter above and in response to your letter dated xxxxxx", "We confirm we have complied with section77-79 of CC Act 1974". They go on to say my assertions in my letter to them are misconceived and that their client has supplied all the required documents. The balance remains payable and I have to complete the enclosed income form within 14 days, after which they will seek further instructions. They also state "if you wish to continue with your dispute, we suggest you seek independent legal advice."

July LBA sent recorded delivery.
July LBA delivered today, see what wind blows next week.
July. Letter from MC Solicitors response to LBA template. They include Recon agreement, Original terms, Statement for 6 years, Default Notice, Termination notice. They go on to say "Our client is not able to provide the original agreement. Enclosed is a recon copy","there is no requirement to provide a signature as confirmed in case of Carey v HSBC Bank" . "You have requested a copy of the deed of assignment. Our client considers that it has no statutory obligation to provide you with any further documents in relation to the assignment. Our client has complied with its obligations by sending you a notice of assignment in accordance with section 136 of the LAW OF PROPERTY ACT 1925" ???? "However we have requested a copy of your notice of assignment and will come back to you when we have had a response"

"The deed of assignment is a confidential document between our client and the original Creditor. We are instructed that the deed of assignment does not cont25/0ain any personal details relating to you and is not available for disclosure" "there are no further outstanding requests in relation to your letter bar your NOA. We will therefore ensure the matter remains on hold whilst this is requested"

December. Another letter from MC Solicitors. The letter contained the previous documents. No NOA and no Deed of assignment. The letter stated the usual about complying and Carey V HSBC. It also stated the following "We have been instructed by our client regarding the origin of the debt and can confirm that the debt relates to a Credit card with MBNA. The agreement was dated 1234 and bore the agreement number ABC123456. The termination date was 00?00?0000 the debt has been assigned to our client MEIII Limited". "Please complete the enclosed expenditure form so that our client can be assured your offer of payment is sustainable". "Reply within 14 days or we will refer the matter to our client for further instructions."

I didn't respond. They just seem to be repeating everything, i must have five copies of this letter in one form or another.

December.Letter from MCS. Stating I had not responded to their previous letter with offer of payment and IE form.

January. Today received another letter from Mortimer Clarke, "We really need to talk to you about this debt", "if you do not contact us within 30 days Cabot may ask us to issue court proceedings and then we will ask for a CCJ against you."

They have included a new type Letter of Claim and IE sheet. Copy attached. MC_LBC020118.pdf

08/01/18 SAR sent to Mortimer Clarke, MEIII Ltd and MBNA.

13/01/18 Acknowledgement from Cabot Financial for the MEIII SAR request, being processed

18/01/18 Acknowledgement from MBNA Ltd, SAR being processed.

25/01/18 SAR received from Mortimer Clarke. (had to collect from sorting office due to insufficient postage being paid £2)

31/01/18 LBC completed (Dispute the debt) and sent to Mortimer Clarke.

01/02/18 LBC signed for by Mortimer Clarcke. (this was the 30 day deadline) now to await their next move.

03/02/18 SAR received from MBNA. (initially I see a missing document,)

07/02/18 Letter from MCS in response to LBC form . "We note you dispute this debt. Please provide further details regarding your dispute. If you hold any evidence supporting your dispute, please also provide us with copy. We look forward to hearing from you within 14 days"

Most of us are new to this new process and I hope my case helps others. Next steps?

This is my diary so far. I don't know what steps to take now,

[Joanna Connolly Solicitors]

Was your last payment to MBNA in May 2011 and nothing to anyone else since?

I see a Default Notice for November 2011 so there's hope the debt could be nearly (if not already) Statute Barred unless I've misread your post.

Or did you make a one-off payment to Mortimer Clarke solicitors in November 2015 when you sent them your CCA Request following their threat of legal proceedings?

Di

[fuzz66]

The last payment was to Virgin in May 2011. I have also found a statement from July 2011 and on a second sheet it States, "This statement is also your notice of default sums" "we are required by the Consumer Credit Act 1974 to issue you this notice". I have read the Virgin (MBNA) thread but don't profess to understand why it is UE.

Diary has been altered, it was the £1 fee I sent to Mortimer Clarke in November 2015. Poor wording on my part caused the confusion.

[Joanna Connolly Solicitors]

The last payment was to Virgin in May 2011.

. . . . Diary has been altered, it was the £1 fee I sent to Mortimer Clarke in November 2015. Poor wording on my part caused the confusion.

I thought that's what you meant but I wanted to check with you

So if your last payment was May 2011 then the debt ought to be Statute Barred.

However there's the issue of a Default Notice in November 2011 and some creditors try to say that the SB clock doesn't start ticking until then regardless of the last payment, so that would mean not SB till November this year (if they're to be believed by a judge).

However (again) your credit agreement is unenforceable so if this went to court (hopefully not) you would have another/additional legal argument to plead just in case.

Keep your eye on the post and let us know anything you receive however unimportant it may seem to you.

Di

[fuzz66]

I have just raised the statute barred question with Jo in my other post.( Barclaycard and Hoist)

[Joanna Connolly Solicitors]

I have just raised the statute barred question with Jo in my other post.( Barclaycard and Hoist)

I saw that.

That's your Barclaycard/Hoist one, while this is your Virgin/ME III Ltd one now managed by Mortimer Clarke Solicitors.

It would be nice if both debts turn out to be Statute Barred wouldn't it

Di

[fuzz66]

Account #2

Barclaycard (Hoist Portfolio Holdins 2 Ltd)

Type of Account. Credit Card
Date Started. 1994
Balance. £10,400 approx
Arrangement. Not Paying
Status. Default. (there are 2 default dates)
Acc Owner. HPH2 Ltd.

2011

April to August. I last made a payment in April 2011, I then have a number of statements which have notes attached about missed payments and defaulted payments.

July.Advised that Mercers are now dealing with my account.
August. 2 letters from Mercers, Letter 1 was Default Notice served under section 87(i) of the Consumer Credit Act 1974. Letter 2 "Important Notice, you haven't contacted us" "we will instruct local debt collector to visit if you don't pay" I did the usual and filed it in the "it will go away box"
September. Letter from Mercers, "call us to avoid further action"
September. Letter from Mercers. "we can help, call us now"
September. BC advise that my card account is closed.
September. Letter from Barclaycard thanking me for contacting them regarding the treatment I had received. I vaguely remember sending a letter complaining about the threats I had received from Mercers, I will have to find it.
October. Letter from BC stating they have looked into my complaint and they and their representatives have not done anything wrong or harassed me.
October. Account passed to Calder Financial debt collectors.
October. Letter from Calder Financial. "A Final Offer Of Help" pay 60%
December. Letter from BC "Final Demand for payment" or threats of legal action.

2012

January. Letter stating that MKDP LL are now the legal owners of the account and MKRR will service the account.
January. Letter from MKRR Offering an installment arrangement.
February. Letter from MKRR begging for contact. Further letter "Please call us to avoid further action"
March. Letter from MFRR "Final Notice" contact or they will instruct their Pre-Legal team, and threatened taking money from my wages blah blah.
March. Letter from MKRR "Final Demand" Have passed my account to Raven Recoveries who will get a CCJ and Bailiffs will empty my house, bank account and wages.
May. Letter from Raven Recoveries, Contact in 7 days or we will assess your account for alternative actions.
May. CCA request sent to Raven Recoveries. This was a delay tactic. I didn't know significance at the time.
May. Letter from MKRR, "We are unable to resolve your query at this time and are liaising with Barclaycard but will update you before July.
September. Letter from MKDP. Large A4 envelope an inch thick with copies of statements?
November. Letter from MKDP, "At this time we apologize as we are still unable to resolve your query" "We are still liaising with BC and will contact you as soon as we receive a response"

2013

January. Response from Barclaycard with copy of agreement and terms. "This completes our obligation"BULL. Ignored at the time but now sent to Niddy for scrutiny.
March, to November. Letters from MKDP."At this time we apologize as we are still unable to resolve your query" "We are still liaising with BC and will contact you as soon as we receive a response"
December. Letter from Raven wanting payment.

2014

January. Letter from Raven, they have past account to Keynes Collections for Litigation Consideration.
March. Letter from Raven Same as above. Plus a letter from Keynes Collections containing a paragraph, "This letter constitutes a formal demand for payment of £xxxxx.xx and is made in accordance with the Practice Direction - Pre-Action Conduct of the Civil Procedure Rules. Your attention is drawn to Paragraph 4 of Annex A of the Practice Direction concerning the Courts power to impose sanctions for failure to comply" if i don't reply they may take legal action without warning. It went in the box that might go away.

2015

September. Letter from MKRR, "We want to help you with an installment plan"
October. Notice of assignment received from Hoist Portfolio say ing thay are now the legal owner and Robinson Way will service the account. Attached was a letter from RW with 4 options of payment. Option 4 of no minimum payment looks good.
October, Another letter from RW offering option 4 or they have 300,000 customers paying £17.04 a month.
November. Letter from RW "what are you able to pay" fill in financial statement"
December. Letter from RW " how about 50%

2016

February. Another 50% reduction offer from RW or what can I afford.
September. Letter from RW "are you worried about contacting us?" we want to help blah blah.
October. Letter from RW "Reduced balance offer Pay only 33%" I want option 4, no minimum.

2017

April. Letter from RW. Please get in touch. or they may refer the matter to the clients solicitor for a county court claim, or send a credit report and if less than 6 years since default date then it will stay on my file. Blah blah. I'm not scared anymore I found hope with AAD!

April. Letter from RW. They have got rid of option 4.
May. Letter from RW. No minimum payment - pay what you can afford.
July. Letter from RW. Reduced Balance offer 33%. According to the NOD Mercers sent in August 2007 it may be SB next month. Error on my credit file by Barclaycard? Need advice on that me thinks!

[fuzz66]

I had got as far as 2016 when PC threw a wobbly again! will carry on with BC diary after a cuppa.

I have now updated Barclaycard/Hoist/Robson Way. I got kicked out by the system because I was too slow at typing. Any tips on entering a 6 year diary without getting logged off would be appreciated

[fuzz66]

Barclaycard/Hoist. Niddy has reviewed the reply to my CCA request and said . Thank you Niddy!

[Joanna Connolly Solicitors]

Barclaycard/Hoist. Niddy has reviewed the reply to my CCA request and said . Thank you Niddy!

So the situation is: you've been told your credit agreement is unenforceable, the debt is likely to be Statute Barred, and what looks like a Default Notice issued by Mercers

You must feel relieved to have joined this forum.

Di

[fuzz66]

Virgin (MBNA) Credit Card.

I had a letter this morning From Mortimer Clarke saying they HAVE complied with CCA request, included was a copy of the UE agreement they had sent and a copy of the original covering letter. Please could someone advise on my next course of action?

They gave 14 days to complete an IE sheet before they seek further instruction. Their previous letter in June said respond in 14 days or they have been instructed to start legal proceedings.

[fuzz66]

Hi Di, Re Barclaycard, yes that is correct. I am not too worried about that one at the moment as they have not threatened as yet so watching the clock. I have the DN from Mercers dated August so will judge the Credit Reference as incorrect at the moment.

As i put in my Diary, I am no longer scared, I found hope with ADD and the wonderful people on it.

[fuzz66]

Virgin (MBNA) Credit Card.

I had a letter this morning From Mortimer Clarke saying they HAVE complied with CCA request, included was a copy of the UE agreement they had sent and a copy of the original covering letter. Please could someone advise on my next course of action?

They gave 14 days to complete an IE sheet before they seek further instruction. Their previous letter in June said respond in 14 days or they have been instructed to start legal proceedings.

Hi all , I know it's only been a couple of days since I updated this but could I tap your vast knowledge base as to what action I should take next? I feel they will issue a claim on this one?

[Roger]

Send a LBA https://all-about-debt.co.uk/forum_c...E/LBA-2016.doc

[Joanna Connolly Solicitors]

I know it's only been a couple of days since I updated this but could I tap your vast knowledge base as to what action I should take next? I feel they will issue a claim on this one?

Maybe they will or maybe they won't issue a claim but if you've been told the credit agreement is unenforceable then unless they produce another/better/reconstitued one then they can't enforce the debt in court.

Di