Flossy UE Diary & YB Hassle

[Flossy]

Re: Flossy UE Diary & YB Hassle

MBNA went around buying accounts left, right and centre and in many cases they didn't get the agreements. If they haven't replied, they are in default and the account is unenforceable till they reply with something compliant. Knowing MBNA's track record, with a bit of luck, they may well end up saying they can't find the agreement!

Even if your account has been sold on, the new owner would have to obtain any agreement from MBNA or else admit they've bought a lemon!

Yours has been going on forever!!!!

They've got to have lost yours or something due to MBNA 'disappearing?' I dont think you will ever hear from them again as everyone now with MBNA have had their accounts sold on, etc...

Its weird how they have the MBNA a/c and not the virgin (MBNA)... Lets hope that its gone away!

Its just the hassle of going through all the letters saying the same thing all the time - they can be very annoying... But, the plus side is that its worth it for yourself.

[Flossy]

Re: Flossy UE Diary & YB Hassle

This is the thread dedicated to MBNA selling accounts ---> What to do when your account is Assigned? - allaboutFORUMS
Mine is yet to be sold!

So, does that mean I have to post it up on the other thread now? Also, MBNA sold my account to Moorgate, who have now sold it to Arden Credit Management... So, both of my accounts with MBNA have been sold twice!

MBNA account - (As the boss :niddy told me)- I havent sent any letter to MBNA, should I have done? Then MBNA sells my account to Moorgate, who sent me a letter requesting payment but, who have sold the account to Arden!!!!! Whats all that about????

So, my questions are: Should I now be putting this up on the other site?
Do I need to do any letters to send to any of these people? (there are 3 to pick from)

Then, there is VIRGIN (MBNA)- who have not sent my CCA back - sold account to Moorgate, who have sold the account to Arden!
Any letters needed to be sent?

If I am confused then MBNA are definatley VERY confused!

*By the way I haven't seen the boss today! Has he been locked up for the day and night? As that's the only reason I can think of why is is not here! He never has time off...

[Flossy]

Re: Flossy UE Diary & YB Hassle

No, you don't have to post on the other thread, best to keep it all here, the link to the other thread was just for reference so you know what's going on with MBNA selling accounts.


No, see above.

Have Arden contacted you yet? If not, wait till they do.


As above, best to wait tilll Arden the new owners contact you.

MBNA are at the top of the League of Incompetence!


He may have been abducted by aliens!

Thanks FP. I think you are right! I havent been in here for a few days due to hospital things and he still isnt here!!! Im starting to miss him

[Flossy]

Re: Flossy UE Diary & YB Hassle

Hi everyone

UPDATE: LETTER FROM MINT DATED 7 MARCH 2012

MINT - You will be able to see from my diary about Mint and that they have refused to accept my £1 PO for my CCA due to me not signing the letter but, instead using to Digitally sign instead.

They have sent a letter out yesterday saying:

"As you have failed to respond to the Bank's previous demands, we have no alternative but to commence further proceedings for the recovery of the outstanding balance.

We would urge you to call this office immediately on ******* in order to resolve this matter.

Failure to do so within seven days may result in your account being transferred to external debt collecting agents without further warning or delay.

If you have recently increased your payments or made contact with us, please disregard this letter".

So, that is maybe why they have used the signature as an excuse delaying my account in order to sell on to a DCA??? Plus, I have been in touch with them asking for the CCA 3 times , so does that count as contacting them??

Help????????

[Flossy]

Re: Flossy UE Diary & YB Hassle

Next letter - In response to my letter to Cabot dated 24 February 2012 (this CCA was a bit all over the place, see in last post for Cabot CC)

CABOT FINANCIAL IN RESPONSE TO MY LETTER (:niddy LETTER )RE: YB CREDIT CARD ACCOUNT.

DATED 13 MARCH 2012

"I refer to your letter received on 28 February 2012.

I understand that you are in receipt of our response to your request for information under section 77/78 of the Consumer Credit Act 1074 ("CCA") and you are dissatisfied with the same.

I note your reference to section 127(3) of the CCA. From the documentation previously provided, there is no question as to the enforceability of your credit agreement. It clearly complies with the requirements of the CCA and the Consumer Credit (Agreements) Regulations 1983, relevant at the time.

However, I understand you have raised concerns in relation to the legibility of the document provided. I can assure you we have contacted the Yorkshire Bank, the original lender, in order to obtain a further copy of your agreement. Until we are in a position to provide you with the same, your account shall remain on hold.

Notwithstanding, should you intend to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of enforceability. We would recommend that you seek independent legal advice prior to the commencement of any such proceedings.

Furthermore, your reference to the Office of Fair Trading debt collection guidelines is noted and I can confirm that Cabot Financial (Europe) Limited have at all times adhered to them.

Although , you are waiting information, you are still recommended to contact us to arrange the repayment of your account. For your reference, your outstanding balance is £******.

I trust we have set out our position clearly.

If you have any further queries in relation to the above account, please do not hesitate to contact me on *********. The Customer Assurance Department ".

Any help please?

[swanfan]

Re: Flossy UE Diary & YB Hassle

As they state your account is an hold, wait to see what they send next.

[Flossy]

Re: Flossy UE Diary & YB Hassle

Nothing to worry about just a standard template letter like the ones we use here.

Wait till you hear from said debt collectors. It's standard procedure to get a DCA to contact you regardless of whether they have provided a CCA or not. They may not sell the debt as such just use the services of a DCA to hassle you.

Thanks FP,

They have delayed this one as you know and refused my CCA due to not being signed by my own signature... There has to be a reason why they have messed for so long? I'm guessing that they haven't got it so have used the sig as an excuse! Then, the threat of DCA probably so they dont have to deal with it. They can just sell on and let the DCA take the flack for it!

Where is the Boss??? I think he is locked in the cupboard FP!!!

[Flossy]

Re: Flossy UE Diary & YB Hassle

As they state your account is an hold, wait to see what they send next.

Hi Swanfan,

Yeah, I will but, Cabot have been a nightmare and I want to make sure that I have everything ready in place for whatever they throw back to me..

[swanfan]

Re: Flossy UE Diary & YB Hassle

Hi Swanfan,

Yeah, I will but, Cabot have been a nightmare and I want to make sure that I have everything ready in place for whatever they throw back to me..

They are searching for another copy of the CCA, so let them worry about finding that.

[Flossy]

Re: Flossy UE Diary & YB Hassle

The seem to think you are going to start proceedings against them! That should keep them on their toes!

They are placing your account ON HOLD so no need to do anything till they contact you again. Coming from that lot, that's excellent news!

That's two down for the time being, you're doing great!

Thats exactly what I was thinking FP... They know the CCA is a pile of s*** so they are worried about court action.

Just an update as well on YB - Cabot O/D. Gilly has sent out the paperwork to complete the F&F with them... I am just starting to do it today as I havent been able to before now due to other things (you know what I mean). I will update all the way through the proceedings for that one. I really wish I had of been on this site before doing my Defence for the O/D. As you know it was done by a other forum and seriously messed up! I probably(most definitely) would have been able to get rid of that one if the Boss :niddy and gang had dealt with it. But, its done now and I cant change that but, I can a least help others now with that experience to stop them making the same mistakes as I did.

Again, Thank you all for everything and helping me through all of my debt and also my health issues. I would not have been able to get through all of this without your help. Your all brilliant .

[Flossy]

Re: Flossy UE Diary & YB Hassle

Mint seem to be doing that a lot, I've seen others get the same reply as you regarding signatures. Banks ALWAYS use DCAs to do their dirty work for them, otherwise the would go out of business!

In the end, if they can't find your CCA you win!

He's been popping out of the cupboard on the odd occasion...

Is that for food and water that he has been in and out of the cupboard?

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

HI,

CC, what do you think about the Cabot on my credit file being delinquent?

Boss, I have just got my letter back again from MINT. Guess what it says?

"Thank you for your letter, in which you have made a request for documents under the Consumer Credit Act.

I am unable to deal with your request due to, (ticked as appropriate)

s78 request received, however, this has been returned to you as we require your signature before we can proceed. Please sign yur request for the information and return to the address shown on the right hand side of this letter".

??????????????????? They are now doing my head in!

Ok, i'd wait and see what niddy suggests to do next. They're in default of the CCA request so they are slightly fooked if they attempt any further action.

Ok ignore them - they're in default of your CCA Request.

They simply cannot enforce this debt as things stand. If they write back to you, let me know please...

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Hi everyone

UPDATE: LETTER FROM MINT DATED 7 MARCH 2012

MINT - You will be able to see from my diary about Mint and that they have refused to accept my £1 PO for my CCA due to me not signing the letter but, instead using to Digitally sign instead.

They have sent a letter out yesterday saying:

"As you have failed to respond to the Bank's previous demands, we have no alternative but to commence further proceedings for the recovery of the outstanding balance.

We would urge you to call this office immediately on ******* in order to resolve this matter.

Failure to do so within seven days may result in your account being transferred to external debt collecting agents without further warning or delay.

If you have recently increased your payments or made contact with us, please disregard this letter".

So, that is maybe why they have used the signature as an excuse delaying my account in order to sell on to a DCA??? Plus, I have been in touch with them asking for the CCA 3 times , so does that count as contacting them??

Help????????

Send this back

---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (No CCA Received)

(remember it is UE until such time they comply with your lawful s.78 request )

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

Notwithstanding, should you intend to challenge the enforceability of your credit agreement, you must apply to the Court to obtain a declaration of enforceability. We would recommend that you seek independent legal advice prior to the commencement of any such proceedings.

Ermmm - BOLLOCKS!

[Never-In-Doubt]

Re: Flossy UE Diary & YB Hassle

I really wish I had of been on this site before doing my Defence for the O/D. As you know it was done by a other forum and seriously messed up! I probably(most definitely) would have been able to get rid of that one if the Boss :niddy and gang had dealt with it.

Unfortunately you were blinkered by the funny-farm, it happened to a lot of us but now we've seen the light