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MBNA Credit Card 2 (Mrs)
Date Commenced - 9/3/01
Approx. Balance - £5036
Last Full Payment paid - 6/6/11
DMP Payment paid - 28/6/11 (no more payments being made)
07/07/11 CCA request sent
21/07/11 Received letter requesting additional info and IE form to be completed and signed guessing we ignore again
22/07/11 Received CCA will email to Niddy to look at thankyou
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
07/11/11Received letter stating - Thank you for your letter dated 29th July 2011 in res[ect pf the agreement referred to above. In your letter you claim that we have not supplied a true copy of your original credit agreement. To confirm, the document enclosed with our recent letter is a copy of the executed agreement that you signed when you decided to take out a credit card with MBNA Europe Bank. You have been provided with a true copy of your credit agreement. Furthermore the "Financial and Related Conditions" set out on the credit agreement are the key terms which, under Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, were prescribed to be included int he credit agreement that you signed. These key terms set out how your credit limit is decided, your minimum payment obligation and your interest rates. When you were sent your credit agreement for signature, these key terms were also repeated in a full set of the Terms and Conditions of your credit agreement which were conveniently set out separately in a document for you to keep. A copy of these terms was enclosed in our previous response. In your letter you state that the copy of the agreement we provided is illegible. We can confirm that we are satisfied that the copy of the agreement we provided is legible. MBNA are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, we shall continue to administer this account as normal. We also expect you to continue to make payments to us as they fall due, if you fail to do so, please note that any arrears will be reported to the Credit Reference Agency.
12/12/11 Received Default Notice
15/02/12 Received letter - Your credit agreement has been terminated you will no longer receive statements and we have registered a default at the CRA .It then goes on to what recovery action they may take -Sale of Debt - Placement of Debt -Litigation You will be kept informed of any further action.
15/03/12 Received letter from MBNA - We are taking further action to recover your debt.We have decided that we will take the action of selling your debt to another company.We will be transfering ownership to Hillsden Securities Limited.
26/06/12 Received a letter from - dlc -We hearby give notice that this debt has been assigned to Hillsden Securities Ltd, trading as direct legal & collections
This means that MBNA no longer own your account and your account is now owned by dlc.etc etc
16/04/12 Received a letter from dlc-As you have failed to maintain acceptable payment installments on your account, we have made enquiries with the locl land registry and have received formal confirmation that you are a home owner. It is now our intention to commence legal proceedings against you for non payment of this account. Once a County Court Judgement has been obtained, a further application will be made to secure this debt against your financial interest in your property by the way of a Charging Order.
We would like to resolve this matter without the need for legal proceedings etc etc.
16/04/12 Sent Threat to Commence Litigation letter to dlc.
21/04/12 Received letter from Hillsden/dlc -Thank you for your recent letter. I acknowledge receipt of your complaintand will respond within 5 days etc etc
25/04/12 Received an acknowledgment letter in reply to Threat to Commence Litigation letter we sent - Unaware of any outstanding disputes on the account ,We have not received any previous correspondence from you prior to your letter dated 16/04/12, Due to the above we disagree with your claims that we have continued to harass you etc etc. We have referred this mater to MBNA to obtain the necessary documentation in acorrdance with the CCA 1974. This will be provided to you once it becomes available
14/06/12 Received a letter from dlc - Further to our letter dated --April regarding the above account
Please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.
This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.
As we have now reached the end of the 8 week timescale to resolve this matter, we would request that you accept this letter along with our letter dated --th April (a copy is enclosed) as our final response.
27/07/12 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make fullpayment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
27/07/12 Sent Threat-o-Gram Letter Before Action to APLIN
04/08/12 Received from dlc : Notice of Sums in Arrears
08/09/12 Received a letter from dlc in reponse to letter sent to APLIN : I can advise that we complied fully with your CCA request on the 13th of June which was included in our final response in April for ease of reference i enclose further copies of said letters, copy of original agreement and the original t&c and a copy of the current t&c provided by MBNA. We are happy to rely on enclosed documentation in any legal proceedings.While we did not provide the requested documentation within the time limit stated in your letter, we rectified this breach by providing you with the documentation, which fully complies with your formal request. The debt is now enforceable again. Please note that a formal cca request is to be used only to obtain information about the account and not to be used as a tool to withold payment or to prove that an agreement exists. The account has been used and a debt has been incurred, for which you are liable to pay the balance and MBNA has sent you monthly statements to keep you informed of the balance. Please contact us etc etc .
08/09/12 CCA Query - Missing Prescribed Terms sent to dlc
14/09/12 Received a letter from dlc: Thank you for your letter dated 8 September regarding the above account.
We have already responded to the points raised ; please refer to our letter dated 6 September, which enclosed copy of earlier correspondence dated 24.4.12 and 13.6.12.
In addition I can advise the following:
1. As the above account does not relate to a fixed term agreement, the prescribed terms are now required to be on the face of the agreement.
2. Please refer to the reverse of the agreement where you will find the relevant terms of your agreement
3. Due to the above the agreement supplied to you, it does comply with all regulations set out by the CCA 1994.
4. We are happy to rely on the documents previously provided in any future proceedings.
Any amendments made to the CCA after the agreement was signed would have no legal bearing on its enforceability, consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the act would not apply to your agreement.
07/08/13 Received Annual Statement of Account
27/08/13 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make full payment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
28/08/13 Sent: Threat to Commence Litigation letter to APLINS
12/09/13 Received letter from dlc - thank you for your letter dated 27th August 2013 addressed to our soliciotrs Aplin, Stockton Fairfax. Your correspondence has been passed to us for attention, I can confirm and advise the following: we would like to refer you to our letter dated 6/9/12 and 12/9/12 copies of which are enclosed. We have fully responded to the comments you make again in your letter dated 27/8/13 and the documentation as required under the CCA 1974 had been provided to you. We are satisfied that the documentation provided is enforceable and we are happy to reply on these in any future proceedings. As no valid disputes have been raised the above file remains with our collections team.
12/09/13 Sent to dlc a short letter referring them to our Missing Prescribed Terms letter
26/09/13 Received from dlc:Thank you for your letter dated 12/09/13 regrding the above account. I can confirm and advise the following our response to your letter dated 08/09/12 remains the same.
We maintain our stance that we have fully complied with your request for informaition under the Consumer Credit Act 1974. We enclose another copy of your original credit agreement and current terms and conditions together with the term and conditions applicable at the time of inception.
We believe the agrrement is enforceable and we can see no reason for witholding payments.
Should we not receive your repayment proposals in due course; your account will be referred to our litigation department for assessment.
04/12/13 Received from APLINS : Letter before action.
06/09/14 received a letter from dlc our records show that your account has been placed on hold for an agreed period of time which has now expired please call our customer accounts agents to discuss payment proposals .
It is important that you contact us within 14 days from the date of this letter to avoid further correspondence.
24/09/14 Received from dlc: We have made several attempts to contact you but are yet to agree a suitable repayment plan there may be the option of a reduced settlement of us writing off 50% of your balance dependent on your current financial situation contact us within the next 28 days.
25/10/14 Received from dlc: we note that you are still not in a repayment plan etc etc. we are here to work with you.However if we do not hear from you within 14 days from the date of this letter, we may instruct our agents Mercantile Data Bureau, part of Hillsden Securities ltd to collect the balance on our behalf. This will involve further letters and/or telephone contact.
Date Commenced - 9/3/01
Approx. Balance - £5036
Last Full Payment paid - 6/6/11
DMP Payment paid - 28/6/11 (no more payments being made)
07/07/11 CCA request sent
21/07/11 Received letter requesting additional info and IE form to be completed and signed guessing we ignore again
22/07/11 Received CCA will email to Niddy to look at thankyou
24/07/11 Niddy says
25/07/11 CCA Query missing prescribed terms letter sent recorded delivery
07/11/11Received letter stating - Thank you for your letter dated 29th July 2011 in res[ect pf the agreement referred to above. In your letter you claim that we have not supplied a true copy of your original credit agreement. To confirm, the document enclosed with our recent letter is a copy of the executed agreement that you signed when you decided to take out a credit card with MBNA Europe Bank. You have been provided with a true copy of your credit agreement. Furthermore the "Financial and Related Conditions" set out on the credit agreement are the key terms which, under Schedule 6 of the Consumer Credit (Agreements) Regulations 1983, were prescribed to be included int he credit agreement that you signed. These key terms set out how your credit limit is decided, your minimum payment obligation and your interest rates. When you were sent your credit agreement for signature, these key terms were also repeated in a full set of the Terms and Conditions of your credit agreement which were conveniently set out separately in a document for you to keep. A copy of these terms was enclosed in our previous response. In your letter you state that the copy of the agreement we provided is illegible. We can confirm that we are satisfied that the copy of the agreement we provided is legible. MBNA are satisfied that the regulated credit agreement into which we entered with you satisfies all relevant legal and regulatory requirements. As such, we shall continue to administer this account as normal. We also expect you to continue to make payments to us as they fall due, if you fail to do so, please note that any arrears will be reported to the Credit Reference Agency.
12/12/11 Received Default Notice
15/02/12 Received letter - Your credit agreement has been terminated you will no longer receive statements and we have registered a default at the CRA .It then goes on to what recovery action they may take -Sale of Debt - Placement of Debt -Litigation You will be kept informed of any further action.
15/03/12 Received letter from MBNA - We are taking further action to recover your debt.We have decided that we will take the action of selling your debt to another company.We will be transfering ownership to Hillsden Securities Limited.
26/06/12 Received a letter from - dlc -We hearby give notice that this debt has been assigned to Hillsden Securities Ltd, trading as direct legal & collections
This means that MBNA no longer own your account and your account is now owned by dlc.etc etc
16/04/12 Received a letter from dlc-As you have failed to maintain acceptable payment installments on your account, we have made enquiries with the locl land registry and have received formal confirmation that you are a home owner. It is now our intention to commence legal proceedings against you for non payment of this account. Once a County Court Judgement has been obtained, a further application will be made to secure this debt against your financial interest in your property by the way of a Charging Order.
We would like to resolve this matter without the need for legal proceedings etc etc.
16/04/12 Sent Threat to Commence Litigation letter to dlc.
21/04/12 Received letter from Hillsden/dlc -Thank you for your recent letter. I acknowledge receipt of your complaintand will respond within 5 days etc etc
25/04/12 Received an acknowledgment letter in reply to Threat to Commence Litigation letter we sent - Unaware of any outstanding disputes on the account ,We have not received any previous correspondence from you prior to your letter dated 16/04/12, Due to the above we disagree with your claims that we have continued to harass you etc etc. We have referred this mater to MBNA to obtain the necessary documentation in acorrdance with the CCA 1974. This will be provided to you once it becomes available
14/06/12 Received a letter from dlc - Further to our letter dated --April regarding the above account
Please find enclosed a copy of your original agreement, along with current terms and conditions and those applicable at the time of inception.
This now completes our obligations under the Consumer Credit Act 1974 and satisfies your s78 request.
As we have now reached the end of the 8 week timescale to resolve this matter, we would request that you accept this letter along with our letter dated --th April (a copy is enclosed) as our final response.
27/07/12 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make fullpayment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
27/07/12 Sent Threat-o-Gram Letter Before Action to APLIN
04/08/12 Received from dlc : Notice of Sums in Arrears
08/09/12 Received a letter from dlc in reponse to letter sent to APLIN : I can advise that we complied fully with your CCA request on the 13th of June which was included in our final response in April for ease of reference i enclose further copies of said letters, copy of original agreement and the original t&c and a copy of the current t&c provided by MBNA. We are happy to rely on enclosed documentation in any legal proceedings.While we did not provide the requested documentation within the time limit stated in your letter, we rectified this breach by providing you with the documentation, which fully complies with your formal request. The debt is now enforceable again. Please note that a formal cca request is to be used only to obtain information about the account and not to be used as a tool to withold payment or to prove that an agreement exists. The account has been used and a debt has been incurred, for which you are liable to pay the balance and MBNA has sent you monthly statements to keep you informed of the balance. Please contact us etc etc .
08/09/12 CCA Query - Missing Prescribed Terms sent to dlc
14/09/12 Received a letter from dlc: Thank you for your letter dated 8 September regarding the above account.
We have already responded to the points raised ; please refer to our letter dated 6 September, which enclosed copy of earlier correspondence dated 24.4.12 and 13.6.12.
In addition I can advise the following:
1. As the above account does not relate to a fixed term agreement, the prescribed terms are now required to be on the face of the agreement.
2. Please refer to the reverse of the agreement where you will find the relevant terms of your agreement
3. Due to the above the agreement supplied to you, it does comply with all regulations set out by the CCA 1994.
4. We are happy to rely on the documents previously provided in any future proceedings.
Any amendments made to the CCA after the agreement was signed would have no legal bearing on its enforceability, consequently as the amendment made to the 1974 Act regarding prescribed terms was not introduced until 2006, this section of the act would not apply to your agreement.
07/08/13 Received Annual Statement of Account
27/08/13 Received a letter from APLIN STOCKTON FAIRFAX SOLICITORS : We have been instructed by dlc on behalf of Hillsden Securities Ltd formerly MBNA to take necessary steps to recover the outstanding balance.
Our client asks that you contact them either directly by telephone or by writing to them at dlc collections. I f you do not make full payment or reach agreement with dlc within 7 days legal proceedings may be commenced without further notice. etc etc
28/08/13 Sent: Threat to Commence Litigation letter to APLINS
12/09/13 Received letter from dlc - thank you for your letter dated 27th August 2013 addressed to our soliciotrs Aplin, Stockton Fairfax. Your correspondence has been passed to us for attention, I can confirm and advise the following: we would like to refer you to our letter dated 6/9/12 and 12/9/12 copies of which are enclosed. We have fully responded to the comments you make again in your letter dated 27/8/13 and the documentation as required under the CCA 1974 had been provided to you. We are satisfied that the documentation provided is enforceable and we are happy to reply on these in any future proceedings. As no valid disputes have been raised the above file remains with our collections team.
12/09/13 Sent to dlc a short letter referring them to our Missing Prescribed Terms letter
26/09/13 Received from dlc:Thank you for your letter dated 12/09/13 regrding the above account. I can confirm and advise the following our response to your letter dated 08/09/12 remains the same.
We maintain our stance that we have fully complied with your request for informaition under the Consumer Credit Act 1974. We enclose another copy of your original credit agreement and current terms and conditions together with the term and conditions applicable at the time of inception.
We believe the agrrement is enforceable and we can see no reason for witholding payments.
Should we not receive your repayment proposals in due course; your account will be referred to our litigation department for assessment.
04/12/13 Received from APLINS : Letter before action.
06/09/14 received a letter from dlc our records show that your account has been placed on hold for an agreed period of time which has now expired please call our customer accounts agents to discuss payment proposals .
It is important that you contact us within 14 days from the date of this letter to avoid further correspondence.
24/09/14 Received from dlc: We have made several attempts to contact you but are yet to agree a suitable repayment plan there may be the option of a reduced settlement of us writing off 50% of your balance dependent on your current financial situation contact us within the next 28 days.
25/10/14 Received from dlc: we note that you are still not in a repayment plan etc etc. we are here to work with you.However if we do not hear from you within 14 days from the date of this letter, we may instruct our agents Mercantile Data Bureau, part of Hillsden Securities ltd to collect the balance on our behalf. This will involve further letters and/or telephone contact.
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