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  1. Hello, I have had the PRA group on my case for a while. Things escalated when in a letter they threatened court action. I issued them with a pre action letter in July & did receive some documents back but not all inc the credit agreement. Subsequently they lodged a claim in court. I replied with my defence. This was in late September. I have now received correspondence & some more paperwork from PRA stating that they will be proceeding with the claim & have notified the court. My understanding is that because they did not send me the full paperwork when requested in my pre action letter (CPR request) in July. It should be unenforceable? I appreciate your help in my next steps! Many Many Thanks Riggz
  2. Hi guys, hoping someone can assist with the latest letter received from DLC... Below is a long-winded background to the simple question - "What do I do next?" I wrote on the 27th July 2016 requesting my CCA: Template removed - read our rules dx And received a statutory response on the 9th August 2016 stating DLC had requested it from the original lender, MBNA. I heard nothing until today, opening the attached scanned (and redacted) letter from DLC. In summary they state: Due to the age of the account the original executed agreement is currently unavailable; & Whilst we may not enforce the agreement, the monies remain outstanding; & They go on to quote McGuffick vs. RBS using it as a precident as to what is considered "enforcement" Thanks in advance one & all DLC Letter.pdf
  3. Hello Everyone, some advice would be welcomed. I applied for and recieved an MBNA credit card in November of 2015 in order to pay off my overdraft which was crippling me. The arrangement was 0% interest if the credit card was paid off in 2 years. The amount was £2800. I have been making payments of £120 per month up until last month, as I no longer have any employment, and am now starting to get chased. I am about to offer them a £1 per month courtesy payment until I find employment again, could anyone help with how to word this? Also, their terms and conditions state that if any payments are missed the zero interest is cancelled and I start paying interest - can they do this? All this will do is make matters worse Any advice is much appreciated.
  4. I've been repaying my MBNA Credit Card account via Stepchange for some time now, and MBNA were happy with the amount I was paying and, in that respect, my account was up-to-date On the 19th August I received a latter that stated "We are writing to give you notice that we are ending your MBNA credit card agreement in accordance with Clause 18 of the terms and conditions. This will happen on 22/10/2016 The letter then goes on to say that if they sell the debt to a 3rd party, they will tell me "as soon as is reasonably possible" I get home today, 14th September, and my latest statement from MBNA is on the doormat. I open it to find that they have already sold the debt, and this was done on the 8th September. My question is, having given me notice that this wouldn't happen for another month, and they would tell me ASAP if it was to be sold, are they within their rights to do what they have done? eg terminate the account a month early and sell without telling me first? Just seems very underhand to me. Being in debt is stressful enough but behaviour like this just makes it worse... Out of all my creditors, MBNA have been the worst by far!
  5. first of all to say hello to all users. i am new here be gentle . i have read the forum rules etc . feel free to say hello and if i can help i will. right down to the nitty gritty. i have recently discovered i had ppi with mbna on 3 accounts out the 6 they told me i had in total (possibly linked cards) they are investigating the 3 they have told me about. is it worth me sending sar requests for the others. just read some old posts regarding dishonest mbna online. or am i barking up the wrong tree here. grateful for any help or advice all the best
  6. Name of the Claimant - Arrow Global Limited Date of issue – 05 August 2016 Date to acknowledge= 24/08 + 14 days date to submit defence = 06/09 (33 days in total) - What is the claim for – the reason they have issued the claim? 1 - The claimant's claim is for the sum of £1547 being monies due from the defendant to the claimant under a regulated agreement between the defendant and MBNA Europe Bank Limited (No.XXXXXXXXXX) and assigned to the claimant on 30/11/2015, notice of which has been provided to the defendant. 2 - The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974 3 - The claimant claims the sum of £1547 4 - C has complied, as far as necessary, with the pre-action conduct practice direction. What is the value of the claim? £1547 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card account When did you enter into the original agreement before or after 2007? - 1996 Assigned - Debt purchaser (Arrow Global) has issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I received a few different ones assigning it to various debt purchasers over the last few years. Arrow Global being the most recent. Did you receive a Default Notice from the original creditor? - Do not recall - I don't think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - I don't think so. Why did you cease payments? - unsure - possibly 2010 What was the date of your last payment? - unsure - possibly 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Explained loss of job and financial issues and agreed and paid reduced, no interest monthly payment to MBNA until assigned to Debt Collection company then no further payments made.
  7. Hello all, My first post on this great forum - very nervous and very worried. Please correct and advise me if I do anything wrong or don't follow correct protocol as I'm not a regular user of any forum! I had two credit card accounts with MBNA one started 1996, the other in 2001. I believe I stopped paying the full repayments around 2005 due to losing my job and the resulting financial problems and agreed with MBNA a reduced, interest free monthly repayment. Some time later I received letters saying both accounts had been assigned to a debt collection agency who would now be taking over the accounts. I think these were possibly re assigned two or three more times to different agencies over the next couple of years but my memory on these is not so good as I was suffering from severe depression around this time and on prescribed medication. I probably ignored and binned any correspondence from around this time. Most recently, around November 2015, Arrow Global took over both debts and on 05 August this year I have received two Court claim forms (one for each account). I read a few threads and have responded to the claim online at moneyclaim.gov.uk to acknowledge service and stated I wish to defend. Now I'm struggling and worried sick that my head might go again and would be so grateful for any help you wonderful people could provide. I don't think I have a lot of time to respond?
  8. In order for us to help you we require the following information:- Claimant: Arrow Global Limited Issue date 9 / 8/ 2016 What is the claim for – 1.The claimants claim is for the sum off £9500 being monies due under a regulated agreement between the defendant and MBNA europe and assigned to the claimant on **/11/2015 notice of which has been provided to the defendant . 2. The defendant has failed to make a payment in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. 3.The complainant claims the sum of £9500 4. C has complied as fas as is necessary with the pre action conduct practice direction . What is the value of the claim? £9500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? in 2003 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - Arrow Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not aware of this Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Not sure What was the date of your last payment? Dec 2012 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Hello Received the above claim on 12 8 2016 ,I was unaware of this debt until i received the paperwork , I was not living at my address for 2 years as i was renovating it and moved back in april 2016 . I was receiving post there but dont recall and default notices . Any help would be much appreciated Thanks
  9. I requested a SAR from Arrow Global: template removed - dx read out rules please} This morning, I received a thinner-than-expected package containing some computer printouts and some copy letters (not all I sent). Within was also their statement: Data subject requests under the Data Protection Act 1998 do not entitle a data subject to gain access to all documents they care to mention nor even to all documents which may be relevant to them. The purpose of a data subject access request is to enable the individual to check whether the data controller's processing of his personal data unlawfully infringes his privacy. It is not an automatic key to any information, readily accessible or not, of matters in which he may be named or involved. Therefore we have conducted a proportionate search for personal data relating to you. Can anyone tell me if this is correct. I wanted everything they hold about me, including correspondence between them and MBNA. Many thanks for your help.
  10. Had a letter from MBNA today with a cheque for £19.72p saying they appeared to owe me more, How has this come about as i got my PPI claim off them over 2 years ago ! If this is to do with commission, does this mean i can claim more from Barclays too as they settled £3300 with me, Thanks Q
  11. Wondering if anyone can shed some light on an MBNA problem, I had two credit cards and recently found old copies, decided to fill in claim forms and sent them off, mbna have responded saying they sent me two letters, one in Jan 13 & one in April 13, adding that as it has been 3 years, I am now time barred from claiming , thinking of complaining to FOS has anyone had a similar situation? It's galling to think they've sent letter, which btw I don't recall receiving and missing out on a settlement
  12. Hi guys, My father has received a claim form Arrow Global Guernsey Limited - MBNA Credit Card debt on the 25th July 2016. See attachment. The debt is old from 2000, however he has offered £1 a month since last summer which he has been doing so. Prior to this he had a debt management company handling his debts. What steps should I take in order to defend him? Under the particulars of claim is states the contract is "dated on or about Feb 25 2000" Does this suggest they do not have the original contract and so there legal basis for the claim? I need to file the acknowledgement of service form soon, however I'm not sure whether I should be ticking the boxes for "I intend to defend all of this claim", "I intend to defend part of this claim" and "I intend to contest jurisdiction" Any help would be appreciated. Thank you Claim Form_Redacted.pdf
  13. Hi all, Hope somebody can help i've done a lot of reading before posting here but just need to check a few things The story is i 3 days ago i received a ccj claim form from PRA Group/ northampton county court for a mbna credit card that i took out in 2011 and defaulted in 2013 . The original default amount was £3000 and with interest and costs is now over £4000 Now i selected defend part of the claim on the mcol gateway site so i'd get 28 days to prepare,i i'm hoping to just pay them off and stop a ccj if i'm honest as i did just ignore my debts when my marriage failed back then ,now i've got my life in order i just want this sorted. Is it right i get a breakdown and hopefully get rid of the interest and charges is this possible? This was what i planned to do: 1- send a s.r.a with £10 to MBNA 2 - send cpr 31.14 to pra group with £1 postal order I'm guessing these should be sent first thing recorded delivery on monday as the clock is ticking? I've made a letter for the cpr 31.14 that i'll put up minus details if somebody is good enough to advise me,i'd be very grateful. Thanks, metalman
  14. I have had an MBNA credit card for six years and never missed a payment. I took out the card in the UK and currently owe £8400. Despite losing my job when BHS went bust I have managed to continue with the monthly payments but I have decided to return to Portugal and wondered if I default on further payments would MBNA be able to collect the money using a debt collection agency. Defaulting is not a prospect I am proud of but without an income, I cannot see any other option.
  15. hi i am posting this on behalf of my wife .. she has a debt owed to mbna for £2600 we hadnt heard anything on this for 5 years but as its 11 months off statue barred its popped its head up.. have a cca here to send off just unsure who gets it the debt was owned by dlc but a recent letter says they was placing the account with Cabot Financial (europe) and their next step would be to pass the account to restons solictors had no letter off cabot but a nice one turned up off restons threatening a ccj .. .from what i read here their pretty true to their word. .so was hoping a cca might slow them down. the restons letter stats all future correspondence and payments should be done through them so do i send a the cca to them to dlc or to cabot thankyou on behalf of my better half
  16. DX, or anyone, can you help with a wee quick question (or 2) please...? Thought I'd just use this old thread of mine, rather start a new thread - hope that is OK? My friend has been served with a Summary Cause (Scotland).. . I have sent a CCA request, on her behalf, and await the outcome. It is pre 2007, and by the looks of her credit file, the default date on her account was just a week or two OVER 5 years ago, from the date on the court paperwork - meaning, I think, it is already statute barred. She assures me she's not had any contact with them, nor made any payment in that time. So, it may be a clear cut case, based on the statute barred status of the account Am I correct in assuming that the statute barred period starts on the date of default of the debt? Also, the papers were simply posted thru her door, but state they were delivered to her in the presence of a signed witness. In other words, they didn't send by recorded delivery, and nor did they hand them to her in person. Does this not mean that they were served incorrectly? It is shoosmiths, acting for cabot, for a capital one debt. I think they are on a hiding to nothing, but I'm interested to know if, rather than going to the bother of defending, that I can simply write to them, on her behalf, stating they've both served the papers incorrectly, and that the debt is statute barred, and threaten to go to court to defend and seek all possible expenses... I've won 2 Ordinary cause actions roughly based on this method... Any quick advice please guys and gals?
  17. I have had a reply from MBNA/Link to my CCA Its 16 pages long along with a statement of all the payments made (I have had to split it into 2 parts so not to reach the max file size) (I have paid £1500 off the total so far) Its not in my credit file at all I would be grateful if someone could have a look over it and give me their opinion. Thanks
  18. Hi, I received a claim form Northampton CC for an old MBNA debt. It was issued by Restons. I filed my defence stating the debt was Statute Barred as it was over 6 years since the last payment/contact. They however contest the last payment was inside the time, the state 2 payments were made inside the 6 years. However I have proof from Bank Statements and also my Credit Report that no payments were made as the account balance recorded by MBNA and sent to the CRA's was the same amount for this period (therefore no payments could have been made). Restons do not know I have this evidence as I only managed to dig it all out recently and I did not have time before submitting my defence within the timeframe allowed. The claim was stayed by the court but Restons have now sent an N244 form asking for the stay to be lifted, my defence to be struck out and Summary Judgement to be given. What do I do now? I was going to submit my evidence as and when the court asked for my Witness Statement. Please advise, thanks.
  19. Hi, my balance was £6,700 on my MBNA credit card and paid £4,409 which made my new balance £2,224 owed. My direct debit then paid the minimum of £67 which should of then made my newer balance £2,157 but this did not happen, instead, my balance owed went from £2,224 to £2,291, adding £67 to the debt rather than deducting it. I'm currently in a interest free offer and I have not used my card. This has never happened before, it's strange.
  20. I took out a Virgin Money/MBNA credit card in 2005 to take advantage of their 0% balance transfer offer. To cut a long story short, Virgin steadily upped the credit limit over the following three years, in late 2008 I wrote a credit card cheque for several thousand pounds to pay for a home extension. The global economy crashed the following week and I found myself without employment, my wife petitioned for divorce, I became homeless etc etc with, amongst other things, a credit card balance of over £13k After years of being grindingly poor I am now starting to regain and exert some control over my affairs. I recently used a CMC to establish whether or not I had PPI claims on any of my old accounts and MBNA came back "positive". I will NOT be using the CMC to reclaim. My MBNA account is one of only a couple for which I still have paperwork, including all but two statements. Unfortunately, the statements make no reference to PPI whatsoever, only interest and late payment charges. The original tear-off signature slip is obviously missing - the remaining part of the page shows two "SIGN HERE" arrows pointing to the missing slip, one for the account, and one for PPI. I cannot imagine I would have voluntarily requested PPI, as I never knowingly have. Also, for the last 20 years I have worked as a company director providing architectural services on temporary assignments - i.e. I am not eligible for PPI protection. The only reference I can find anywhere to PPI is an insurance booklet issued with the original pack, which states that PPI is charged at £0.72 per £100 of the monthly statement balance. The statement figures bear no apparent relationship to these figures however. In summary: 1)MBNA appear to have acknowledged that I have a PPI product. 2)I have no idea how much PPI was charged or when, as the statements do not show it. Do I: 1)Make a complaint to MBNA, take the cheque and then query their (possibly "interpretative") calculations? 2)Start from scratch with a CCA and SAR (bearing in mind the account was opened 11 years ago...)? Confused! I'm also going after them for charges, 6 year limitation notwithstanding - nothing ventured etc... Thanks in advance!
  21. Hi everyone, I've received my MBNA CCA from Link Financial. It all looks as it should to my untrained eye but can one of you more knowledgeable folk please give it a quick scan over? It came with 2 sets of terms and conditions attached to the back. One looks like it was of a similar age to the front page but is very clear and legible and the other set of terms and conditions look like they are the current ones with different APR's to the ones on my signed agreement. Look forward to your replies cca return.pdf
  22. Hi, Last month I opened a Clear Score account to check up on my credit score and see how I was doing. Today was my update day, I logged in to find that I have a CCJ against me which was issued on the 16th of March 16. The web site doesn't give much information, case reference, address, amount and which court issued it: County Court Business Centre The problem is that the address they have used is over a year out of date so I have received no paperwork. I moved out of that address in February 15 and into my fathers address to help him look after my step mother who is seriously ill with MS and bed bound. Just last week I moved out of that address into my girlfriends, who is heavily pregnant and due any day. I am really worried that the bailiffs may turn up and I am not certain what debt it relates to or how to deal with it. I have dug through all my old paperwork I have two debts which are not being paid as I believe them to be statute barred. One is with Barclaycard and the other is with MBNA. The MBNA one is the closest matching, it is roughly £200 difference from the balance that I owe them. The Barclaycard is over £1000 difference. If it is MBNA, the earliest letter I still have from them is dated July 2011, stating that "Following previous correspondence, which confirmed the termination of your MBNA credit agreement".... we will be sending it to a DCA. I have various letters from DCA and then a notice of assignment to Arrow Global Guernsey Limited. I don't have the statements or the letter for when I defaulted but I am sure that it was in early 2010 as that is when I got divorced and had serious financial issues. 1) Is it worth me signing up for Credit Expert to see if the MBNA account appears on file (there is no record of it in Clear Score). And or to obtain more information about the CCJ? 2) Is there any other way to obtain information about the CCJ, the only place I have found is Trust Online and it's behind a pay wall so I'm not sure if it will tell me who submitted the claim. 3) Any suggestions on what I should do next? Many thanks for any advice.
  23. Hi guys Just need a quick bit of input from Andyorch, when you have time Andy. It's been a couple of months since I've been on here - just been too busy to look in. Anyway, unfortunately one of my old post-2007 credit card debts has raised its ugly head in the meantime. I knew it was looming as PRA had resumed activity a few months ago, then their mates J&P sent an LBA a month back. I was hoping to intervene before they could issue the claim but I'd been away and they didn't hang about. Claim form duly received! I've done the acknowledgement and now just need to enter a defence. I haven't sent off the usual CPR or CCA requests as PRA had already sent the online agreement and I have no intention of going to court on this. I just want to buy some time and eventually try to negotiate something. I'd be very grateful if you could run your eye over the defence below. Particulars of claim: The claimant claims the sum of £8xxx.xx for debt and interest. 1. On xx/xx/2008 the defendant entered into an agreement with MBNA Europe Ltd for a credit card under reference 1234567890123456. 2. On xx/xx/2013 the defendant defaulted on the agreement with an outstanding balance of £6,xxx.xx. 3. On xx/xx/2013 the debt of £6,xxx.xx was assigned to Aktiv Kapital Portfolio AS Zug Branch, who itself, assigned the debt to PRA Group (UK) Ltd on xx/xx/2014.Notices of assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. And the claimant claims: 1. The sum of £6,xxx.xx 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from xx/xx/13 to xx/xx/16 £1,xxx.xx, and thereafter at a daily rate of £1.xx until judgement or sooner payment. ------------------------------------------------------------------ PROPOSED DEFENCE 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have, in the past, had an agreement with MBNA Europe Bank Ltd but I do not recognise this specific account number. 4. Paragraph 2 is denied. I have not been served with a valid Default Notice pursuant to the Consumer Credit Act 1974. 3. Paragraph 3 is denied. I am not aware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) 4. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 5. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Is the above ok to submit? Do you have any further comments to add. Many thanks! Sham
  24. Hello, I started a PPI claim from MBNA (credit card) PPI was automatically added, The card started about 1995 (I was about 20) still used today. I have been told by the FOS (via a ppi claim company) that MBNA has said a time bar applies to my claim as I received statements and the ppi would have been on them. Well sure it was every one would have who had PPI. I understand this is fair enough and there will be people saying this is my fault but I did not even know I had PPI (hence miss sold) and this was my first credit card when I was young and obviously a lot went on this card to get me by in the early years, Also to be honest I never checked every transaction I simply look at the amounts and mentally check the figures I still do the same today with all my accounts. I am extremely tied up from 6am until around 8pm working and paying lots of tax... lol I have read about the 6 and 3 rule and also a lot of posts revolving around this matter, I feel this is a loop hole at which all banks can refuse PPI on maybe 9 out of 10 requests, so is this PPI coming to an end and shafting the late claimers who have only heard about PPI reclaiming on the media ?. I feel let down by the FOS at the moment as if PPI is Fraudulently or secretly added is does not matter when it was? I have re submitted/escalated to the FOS stating I was not aware of the PPI until my first phone call to MBNA within the last 2 years and asked on the phone what is this payment for ? Has anyone else had this issue and had a resolve ? Thankyou
  25. Hi, We have a credit card debt with MBNA taken out in 2008 which defaulted in 2013. It is showing on CRA as 'satisfied' with MBNA, but then appeared as Aktiv Captial, who chased through 2013 - 2015. The debt is now with PRS Group and we have had a letter asking for payment or Court Action will ensue. If the debt is showing 'satisfied' can PRS still push for payment, or is this 'satisfied' because the debt has been bought? We wrote to Aktive in 2013 asking for CCA, they sent us photocopied version, scribbled numbers over and no sig. Do we just ignore PRS? We have had one succesfully thrown out case with another card company who folded at Court, can we do the same again? Thanks skywalker
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