Fuzz66 diary

[fuzz66]

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

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

Hi Roger,

DLC is Direct Legal Collections "a trading style of Hillesden Securities Ltd which is part of the Cabot Credit Management Group." as stated on a letterhead. ME III Limited are also part of the Cabot Group.

I have been through all documents and letters and last correspondence was June 2011 stating I can't pay. Everything else has been CCA requests etc.

Correct, I sent LBA in July, but nothing additional was received from them. I read the link regarding the new Letters of Claim and I intend to tick Box D and dispute which asks for a reason. I was going to put SB limitations act and UE as a reason and include a copy of the SB template. I will tick Box G, stating intend to get advice but not clarify where from. I will not include phone number or email address and will not complete the financial statement.

As for what they sent, it was a cover letter, Letter of Claims details,(which attached a copy in my diary), the reply form, Direct debit instructions, and a page from Cabot Financial statement of account Oct 2015 to Jan 2018 which just shows an opening

My issue is what they will class as Cause of Action, Mortimer Clarke threatened with court action back in 2015 so theoretically had the opportunity to take action at that time. My confusion lies with BMW v Hall?.

[fuzz66]

I will cross check the LBC they have sent with what is required and see if it complies. Interestingly they state on the "Statement of account" that the original creditor is DLC - MBNA. surly they can't both be the original creditor?

Any guidance before I reply would be appreciated. I know it is my decision but I have come to rely on all you guys for sanity and guidance. I will keep you all updated.

[Roger]

ME III Limited Status
http://fca-consumer-credit-interim.f...w?accId=636868
FCA ME III Limited Cancelled 24/04/2015

FCA Hillesden Securities Limited lapsed 31/3/2016

Your Diary
2016
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.

Your LBA still stands unanswered! It was issued before the New Process came into existence.
Its still outstanding and NO NOA's and Deed Of Assignment.

I am not Lawyer and this is a complex area of Law.

I personally wouldn't tick anything other than Box D and cite "does not comply with the new PAP's"
How can you seek advice unless they send material compliant with the New PAP's so that you can get advice?

I certainly wouldn't go into any details!

[fuzz66]

Interesting and thanks for muddying my confusion even further Ha Ha!

The diary entry was a standard response from them about paying and obviously no payments or acceptance of liability was made. I still have just over 21 days for reply, but was hoping to cut them off with the Statute Barred as I would rather not go to court with this. I know/feel they have not a chance but the fear is still there. At some point they will have to do one, and it is now time they put up or shut up.

If they "put up" great I will fight them all the way to the point of employing the mighty Jo and her team, they don't have AAD. If they "shut up" even better. Either way other people can benefit from my experience with them whatever the outcome.

I take on board all guidance and thats what has helped me to this point. I will go through all my documents for the 1000th time and then respond to the leeches. I'm now in the bring it on mood.

BOX D will get my tick.

[Roger]

You could consider a SAR on MBNA. Your paper work may be complete BUT their's won't be and the SAR should show just what cards they may or may not have.
I am still learning so much from this wonderful site. Doesn't follow that this would automatically go to Court by the Way!

This is over £10,000 and I just think that you are in a better position with the LBA outstanding and 2017 June CCA UE!

I just make notes in my own Cases (for myself and file these away ).
I would have thought that they have already considered Statue Barred! before writing to you!!

[Joanna Connolly Solicitors]

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.

You have 30 days to reply (or not) to a Letter Before Claim so don’t rush it and do damage to your situation. What is the date of your LBC?

Even if you believe that the debt is SB you need to be 100% certain before you tell them that because they may immediately issue a claim since the court would tolerate them issuing before the 30 days expire in order not to compromise their legal/statutory position. It might not be wise to tell them that at this stage. Do the research first.

There are are several factors which impact on the SB date so tread carefully.

Also if you tell tell them the debt is unenforceable because the Ts & Cs are incomplete then you are giving them the opportunity to reconstitute a better version.

The Pre Action Protocol Letter Before Claim can be an opportunity for the debt owner to fish for information, fix the problem, and then issue a claim - which is exactly what you want to avoid.

If this debt is over £10k and they do issue a claim then it’s likely to be allocated to the Fast Track where you’ll be at risk of paying the Claimant’s legal costs if you lose.

Is the full history of this debt in a post on this thread?

Di

[fuzz66]

Hi Di thanks for reply. I have sent PM . I have time to decide but will dispute. My diary is up to date apart from SAR, I appear not to have done one which is being remedied today. They have 40 days? I have 30 days to respond to LBC plus the time they have to respond but I believe minimum 14 days before court action. So hopefully will get SAR response.

[Joanna Connolly Solicitors]

Hi Di thanks for reply. I have sent PM .

I've received your PM

Can you email me please which will be easier using di@joannaconnollysolicitors.co.uk.

Di

[fuzz66]

Hi to all, Virgin MBNA diary updated. In my case I ticked the "dipute" box on the LBC and returned it bang on the 30 day time limit. I have exchanged a couple of emails with Di, I think we are all glad that Di and Jo are on our side, I would quake if was faced against them.

I am keeping details to a minimum at the moment in case the enemy are hovering but will keep everyone up to date.

[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,)

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

Diary updated after receiving MBNA SAR. I have seen one missing document/item that is a problem to the current owner of the alleged debt. I referred to the document and then edited and removed reference to the said document so the moderators may see it? I will read through everything MBNA sent a number of times.

[fuzz66]

Diary updated with a letter this morning from MCS responding to my Letter before Claim Form.

[Roger]

Diary updated with a letter this morning from MCS responding to my Letter before Claim Form.

They are fishing.]
This is above £10,000
The CCA is UE and you now have the SAR
I would email Di at this point.

[fuzz66]

Hi Roger, I believe Di is keeping an eye on my Diary. I am in contact with her. My biggest enemy is me and my own impatience. It would be so easy to make a knee jerk response to Morally deficient Clerks. That is the easiest way of making a big mistake.

Instead I shall seek guidance from AAD , ignore the letter and see how they react? or send a response? (The new forms ask for reasons and documents for dispute, but this only does their job for them)As I have been previously advised by Spud, don't get into a ping pong match.

I'm at the point now of just wanting it dealt with, let them bring it on and see what they've got. When sCabot provide the SAR documents I will know.

now that I've got that off my chest any views and guidance would be great. Will keep all updated.

[Roger]

You have put yourself in the best possible position with the SAR and UE CCA!!
It seems that Cabot are less than sure of their paper work?
Silence is golden

[Joanna Connolly Solicitors]

I believe Di is keeping an eye on my Diary.

Yes she is

You've replied to the Letter Before Claim by the deadline given.

You've told them you dispute the debt.

Let them work out why you dispute it based on the history. No need to point it out to them at this stage otherwise they could try to remedy the problem.

Di