Adler's UE Diary

[adler]

Re: Adler's UE Diary

Mrs D is right, adler that should do the trick for now. However a demand for the full amount cannot be made without the full Default Notice proceedure being followed. It is tantamount to termination which they cannot do without a fully compliant DN under s87(1) or without a DN at all. Barclays and Barclaycard have turned this into an artform of getting it wrong. Don't tell 'em though. Its one card up your sleeve as they can correct it.

regards
Garlok

That is so true, well pointed!Will keep quiet definitely and enjoy their acts of stupidity!
Many thanks for that,garlok.

[Never-In-Doubt]

Re: Adler's UE Diary

a wee sold in dispute each would be a nice start.................

Yep, agreed - Account Sold whilst in Dispute

[adler]

Re: Adler's UE Diary

Further update on MBNA:
MBNA story so far:
CCA'd Aug 2010,£12000: Probably enforceable agreement sent back but blagged as discussed in this forum.
Kept on phoning me since I have stopped payments and blagged them about agreement not enforceable(though it might )
responded with this- telephone harassment template.
Now I have had a stroppy letter threatening court action(Niddy, have emailed copy)
Replied with threatogram
Now they have sent me a default notice finally!

MBNA have now got somebody called AIC who had started bothering for a while(numerous phone calls which I ignored, followed by demands in letters!)Ultimately wrote to them "account sold whilst in disapute", to which they have replied saying as they are acting on behalf of MBNA they cant provide docs! Niddy I have emailed copy of that letter but also what MBNA had sent earlier which you thought was just application form, to remind you.
What would you recommend?

[garlok]

Re: Adler's UE Diary

Hi adler,

AIC are just another one of the DCAs on the block. IF and UNTIL they own the debt in absolute, then there is nothing they can do, only posture and threaten, you just stick to your guns. Technically it is my view that it is MBNAs responsibility to provide the documents as requested, but if AIC want to persist then they will have to get them from their client won't they.

regards
Garlok

[Never-In-Doubt]

Re: Adler's UE Diary

They've now sent a bad signed original and a good recon - mate this is now enforceable so you could either consider an offer or play it out and see what happens....?

Totally your choice. Sorry for bad news

[malamute]

Re: Adler's UE Diary

If it helps I've dealt with AIC and found them not bad compared to some of the others when I previously negotiated payment amounts. The hardest thing I've found is them ignoring letters signed for or otherwise.

[adler]

Re: Adler's UE Diary

Hi adler,

AIC are just another one of the DCAs on the block. IF and UNTIL they own the debt in absolute, then there is nothing they can do, only posture and threaten, you just stick to your guns. Technically it is my view that it is MBNAs responsibility to provide the documents as requested, but if AIC want to persist then they will have to get them from their client won't they.

regards
Garlok

Agree.Wil see what happens.

[adler]

Re: Adler's UE Diary

They've now sent a bad signed original and a good recon - mate this is now enforceable so you could either consider an offer or play it out and see what happens....?

Totally your choice. Sorry for bad news

Oh Oh! Will give "playing out" a try and see what happens first perhaps! When you mention offer what percentage would you normally recommend?

[Never-In-Doubt]

Re: Adler's UE Diary

Oh Oh! Will give "playing out" a try and see what happens first perhaps! When you mention offer what percentage would you normally recommend?

I'd sit it out for now, see what happens.... worse case start making offers IF they try court, and start at 10% going to a max of 20%..... but no offer just yet then, lets see yea?

[adler]

Re: Adler's UE Diary

I'd sit it out for now, see what happens.... worse case start making offers IF they try court, and start at 10% going to a max of 20%..... but no offer just yet then, lets see yea?

That's fine then,will wait.They (AIC) have made an offer themselves of 50% now, which makes me think they probably are not convinced themselves they have a strong enough case to go to court may be?
Will wait anyway!

[adler]

Re: Adler's UE Diary

That's fine then,will wait.They (AIC) have made an offer themselves of 50% now, which makes me think they probably are not convinced themselves they have a strong enough case to go to court may be?
Will wait anyway!

I have now had a letter from MBNA to state that they have sold the account to somebody called "Arrow" and they would get in touch with me separately.However their(Arrow) letter was in the same envelope confirming that they have taken up the account and would let AIC continue managing this!I have emailed copies to Niddy to have a look at the exact wordings, but would suspect the usual account in dispute reply? Or any other appropriate advice please.

[Never-In-Doubt]

Re: Adler's UE Diary

I have now had a letter from MBNA to state that they have sold the account to somebody called "Arrow" and they would get in touch with me separately.However their(Arrow) letter was in the same envelope confirming that they have taken up the account and would let AIC continue managing this!I have emailed copies to Niddy to have a look at the exact wordings, but would suspect the usual account in dispute reply? Or any other appropriate advice please.

Just ignore this for the moment. Read our discussion on it, here: ---> What to do when your account is Assigned? - allaboutFORUMS

[adler]

Re: Adler's UE Diary

Just ignore this for the moment. Read our discussion on it, here: ---> What to do when your account is Assigned? - allaboutFORUMS

There was a lull for a while and now had a letter(emailed Niddy) from drysden fairfax solicitors who have written on behalf of Arrow Global. They have sent a copy of the application form(emailed niddy) with the letter stating that my liability is confirmed.Seems like I am in a tight spot! How best to blag?
Or wait for further response from them before I make an offer?

[MrsD]

Re: Adler's UE Diary

hang on and see what Niddy says about the stuff you've emailed

chill

[adler]

Re: Adler's UE Diary

Sorry for long gap in posting about one of my accounts. Wanted some valuable advice and expert opinion please. Before that just a recap of the account:
MBNA original creditor,CCA'd Aug 2010,£12000: Probably enforceable agreement but blagged over the years.Numerous letters and correspondence but responded with usual template letters about not satisfying S78, account sold under dispute etc.Then they finally defaulted in Jan 2011,then they sent a recon from the old agreement to which following Niddy's advice we sent "CCA Query - Application Form Received" letter.Then Arrow took over the account in 2012 Jan, and got the response of account sold under dispute.
Last week I got a letter from Arrow again after a while to say that there is a "Change of Agency"and the management of the account has gone to "Debt Managers"heriot Building Rotherham.And direct any other queries, correspondence and payments to them.However the account is still owed to Arrow.
So my question is how do I respond, please advice.......