Backdoor HFO CCJ and CO - old Virgin MBNA card debt

[coledog]

It certainly is - Debt Collection and Legal

[coledog]

Anything that would cause you to be in further debt or worsen your circumstances such as telling you to go bankrupt

 

Also a CCJ/CO would make a remortgage impossible except with a really crap lender (which happened to me once)

[DonkeyB]

is it not against the rules to tell me to remortgage?

 

I think he has been naughty on a few fronts, according to the OFT Guidelines:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

 

 

This is why a recording of such actions would be very useful. Can you do that?

[mini mee]

i can certainly try

[broken arrow]

I would be looking for the set aside which would remove the CO, firstly you need to gather as much info as possible, courts, original creditor etc. I know 2 years has passed since, but the courts have the powers to still set aside the original judgement.

[mini mee]

could you give me some advice how to do that

[DonkeyB]

Subject access request to the original creditor is becoming a priority. We need to find out to whom and when this was sold.

[mini mee]

would that be to virgin

[broken arrow]

Subject access request to the original creditor is becoming a priority. We need to find out to whom and when this was sold.

and if you phone the courts and get all documents to the claim.

[coledog]

Yes - get all the court papers from the court and contact ex-sol and ask for all the paperwork he has. Dig out anything at all you still have.

[DonkeyB]

could you give me some advice how to do that

 

Some mobile phones can record conversations. Ditto Skype can be recorded. Otherwise, take their calls on your phone with the loudspeaker on, and record with a tape or digital recorder. An alternative is a combination like an Olympus or Phillips digital recorder with one of these in your ear – it’s what I use, and it’s brilliant:

 

http://www.google.co.uk/products/catalog?q=olympus+microphones&um=1&ie=UTF-8&cid=4945310546203536137&ei=ObPFTISlIIvQjAeJ56i5BQ&sa=X&oi=product_catalog_result&ct=result&resnum=5&ved=0CEEQ8wIwBA#

[mini mee]

can call the court tomorrow. would they still have it after nearly 3 yrs?

[coledog]

I can find a SAR request letter unless BA gets to it first. Was the claim defended at all?

[mini mee]

advice on how to set aside judgement. now realising what a plank my sol was as he didn't suggest any of this

[broken arrow]

would that be to virgin

 

I think Virgin might have been through MBNA?

[coledog]

Yes they will - you will have to re-read this thread to get all the info, it is piling up fast.

[mini mee]

no claim not defended at all. didn't know they were going to court as i would have gone. court only 10 mins from me

[mini mee]

yes it was mbna. what does that stand for and who are they?

[coledog]

SAR letter you need to send with a postal order for £10 by recorded delivery, Print name

 

[your address]

[their address]

 

[DATE]

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

[signature]

 

[name]

[coledog]

Don't think MBNA stands for anything really - bunch of rip off artists - based in Chester I think?

[broken arrow]

Set aside appliction is by N244, but lets get info first.

[coledog]

You can add to this letter that you require, including but not limited to:

 

Original Credit Agreement

All Statements of Account

Default Notice

Notice of Assignment

Details of whom the account was sold that and on what date

[broken arrow]

I think this is SAR address.....

 

The Customer Advocate Office

MBNA Europe Bank Limited

PO BOX 1004

Chester Business Park

Chester

CH4 9WW

[coledog]

They have up to 40 days to reply to this request but get it sent off. You can always ring MBNA and get the information of who it was sold to and when, over the phone, but you need to get this in writing, preferably

[mini mee]

you lot are amazing! thank you so much