Fuzz66 diary

[fuzz66]

Thank you, I still get apprehensive about it. I will send an LBA, as roger suggested and call them out. The ball is in there court then. See what happens, I have AAD, they don't

[Spud]

If you send the LBA letter, Send it recorded delivery and keep your receipt

By sending that letter you have done the best that you can to improve your situation IF they decide to issue........As hard as it sounds there is little else you can do at this stage......which can be the worst bit

Keep us informed and just make sure you have your paperwork together just in case

[fuzz66]

Thanks spud. LBA posted recorded delivery, 2nd class . Well I was given 14 days. I will update diary and post their reply.

[fuzz66]

Just a quick update, it's now seven days since I sent LBA template letter and no response as yet. No news is good news, I wish. Watch this space.

[fuzz66]

Just a quick update, it's now seven days since I sent LBA template letter and no response as yet. No news is good news, I wish. Watch this space.

[fuzz66]

MC Responded to LBA request, i have updated diary. I am sure the knowledge out there can post comments for me. Outwardly I am not too worried as Niddy has already said it's UE and I have read the Virgin MBNA unenforceable link, though I must admit I still don't fully understand. If Niddy says UE then that'll do for me.
Feel free to give your views to their response. Please.

[fuzz66]

Hi all not posted anything on the MBNA front as it has all gone quiet since LBA was sent. Either they have nothing or are on holiday with all the money they bully out of their victims. . I will keep everything updated as it happens.

[Meepatme]

Thanks for the diary Fuzz interesting reading for someone just starting out on that road. Glad it mostly gone well for you
R

[fuzz66]

Hi Meepatme. Sorry for not replying sooner, I've been dealing with work issues until now. I would say it has mostly been luck through ignorance until I found these guys. All I will strongly suggest is don't let them bully you. Get guidance from people on this site and fight the buggers all the way. Good luck.

[fuzz66]

Hi to all, I have updated my Diary regarding MBNA. One of the others may be off my file within the next few days.

I have been going through the paperwork, (yes keep ALL paperwork, it can be your biggest friend) and have found a discrepancy. I have an NOD dated ##/month/year saying to pay X within 14days or they will default the account. I didn't pay and hadn't since the previous June. The account was defaulted 6 weeks after the "pay by date", and and entry was put on my credit file. The file also shows a payment was made 3-4mths after I had made a payment, and there was an entry on my record of charge-off adjustment of the full amount and a credit adjustment as SOLD ACCNT. This is the date that was registered on my file.

Therefore I believe there has been some creative accounting and a strong possibility that the alleged account is already SB.

[Spud]

There could be some useful information there so keep it very safe......Fingers crossed for you with this

[fuzz66]

Hi to all and a pleasant new year. I have updated my diary regarding VIRGIN/MBNA. Mortimer Clarke have now sent me a Letter of Claim and a reply form!!?? I am now 100% that this is UE after Niddy had a look. Also this is Statute Barred. Please could someone give guidance on steps forward?

Do I complete Box D and nothing else before returning? Or do I ignore? Or send Statute Barred letter?

[cymruambyth]

Do not ignore because they will issue a claim. You need to return the form. How certain are you that it is SB? Do you have evidence to back this up?

[fuzz66]

Hi cymruambyth, I was going to respond with disputing the debt, Box D, and give reason as SB and or UE because they hadn't complied with a previous CCA. The T's&G's were incomplete. I am 99.9999% sure of SB because last payment was May 2011 as confirmed in the statement they sent me.

Also the DN was November. I know I shouldn't have but checking my files shows that ALL defaults have gone from my credit file. So if the cause of action was missed payment for June +24 then SB by a long shot. Or if you take COA as the DN of November then again I am confident it is SB.

Or am I way off the mark here?

[Roger]

"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."

You have already sent them a LBA. Just looking at your Diary entry I think there a numerous and complex issues around the MISSING NOA's

"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."
"Letter from DLC stating account has been sold from Hillesden securities Ltd to ME III Ltd " FCA Hillesden Securities Limited lapsed 31/3/2016
Who are DLC?
Can you please expand on ME III Ltd because I can't find a Marlin European III Ltd with FCA.

As for considering Statute Barred in your correspondence with Cabot/DLC have you perhaps unintentionally acknowledged this debt?

I am presuming that they have just sent the Form with nothing included! and that MAY ISN'T SAYING WE HAVE BEEN INSTRUCTED!

Niddy with His claim just ticked the disputed debt!

I think you need to read through the following.
https://www.all-about-debt.co.uk/for...claimers/page3