experto claimform - Mbna- Virgin Card ***Claim Discontinued***

[Dotty50]

OH answered call at home today, MBNA left number for me to call back - 01244 674663.

 

Don't think I will!

[Dotty50]

Sent another letter 11th December giving them 7 days to send me a 'Proper copy of my CCA'

 

Still waiting!

[Dotty50]

Well, no response to my letter 11th December, surprise surprise.

 

They have however written advising that they will accept a significantly reduced payment in partial settlement (based on my circumstances), they will not take legal action and the account will not be pursued further by any other external vendor!

 

Have I considered requesting assistance from relatives or friends or perhaps re-mortgaging?

 

They will report credit file as being partially settled etc.

 

Oh and call this number within 7 days. Very tempting, I don't think!

 

Very familiar correspondence, reading other MBNA threads

 

Although, if the figure was good then I may be persuaded, if only to get ONE out of the way

[Dotty50]

Have drafted a reply, is there anyone subbing to this thread to offer any opinion/advise please?

 

Feel a bit lonely on this one!

 

Thankyou, in anticipation.

SETTLEMENT CONSIDERATION - with deletions.doc

[MandM]

Feel a bit lonely on this one! .

 

I'm with ya Dotty.

 

Good letter IMO. Makes your position very clear. If they have the signed agreement then they wouldn't be trying to negotiate as you've so rightly spotted.

 

M

[Dotty50]

Hi MandM,

 

Thanks for that, now subbing to your MBNA/Virgin thread.

 

I like to post up my letters before sending just for any other advice and if they can be of any use to others then they are available for use.

[MandM]

Hi MandM,

 

I like to post up my letters before sending just for any other advice and if they can be of any use to others then they are available for use.

 

Always best

 

M

[Dotty50]

Hi, response received today!

 

Default Notice, dated 11th Jan, remedy of breach, full arrears by 28th Jan.

 

Balance quoted too and if not paid by above date, account will be terminated and we may take court proceedings etc.

 

No mention of my complaint, strange that!

[vint1954]

Hi, response received today!

 

Default Notice, dated 11th Jan, remedy of breach, full arrears by 28th Jan.

 

Balance quoted too and if not paid by above date, account will be terminated and we may take court proceedings etc.

 

No mention of my complaint, strange that!

Well, the full 4 days for second class service is tomorrow;) If it were received tomorrow then they would be in trouble on the dated, allowing only 13 days.

 

They cannot demand the ballance in full within a DN. that would also make it faulty.

 

Keep that DN very safe along with the envelope that it came in, proving second class post, assuming that it was UK mail.

Edited January 14, 2010 by vint1954

[Dotty50]

Hi Vint,

 

Thanks for that, they only quote the balance and state that should they terminate the account then the full balance will be payable immediately.

 

The first paragraph states 'We refer to the above agreement which you have entered into with us. Paragraph 8 of that agreement provides that you must repay immediately the amount of any arrears on the account' blah blah blah.

 

Well if they have a copy, why don't they send me one? I have only been waiting for a copy since April!

 

Ok another letter to them I think!

[vint1954]

Hi Vint,

 

Thanks for that, they only quote the balance and state that should they terminate the account then the full balance will be payable immediately.

 

Is this the full ballance of the account?

 

The first paragraph states 'We refer to the above agreement which you have entered into with us. Paragraph 8 of that agreement provides that you must repay immediately the amount of any arrears on the account' blah blah blah.

 

Does it say you must pay £xxxxx ( and is that amount the full ballance ) by xxxx date.

 

Well if they have a copy, why don't they send me one? I have only been waiting for a copy since April!

 

Ok another letter to them I think!

Dont mention the fault with the DN:wink: and don't write to them until after you have received it:wink:

 

Vint

[Dotty50]

Hi Vint,

 

So my letter would start 'thank you for your DN received 15/1'?, please note this is currently in 'serious' dispute etc.

 

They are requesting just the arrears by the date specified.

 

I will scan it tomorrow and post it here so that you can cast your beady eye over it.

 

I must remember to upload the last statement of their site, as they may stop access once they terminate. I can then confirm that they are quoting the correct figures.

 

Thank you.

[vint1954]

Hi Vint,

 

So my letter would start 'thank you for your DN received 15/1'?, or I am in receipt of your DN dated xxxx, delivered by second class post, received 15th January 2001 please note this alledged account is currently in 'serious' dispute etc.

 

They are requesting just the arrears by the date specified. in figures? ballance is say £15,000 but they are demanding arrears of say £1000

 

I will scan it tomorrow and post it here so that you can cast your beady eye over it.

 

I must remember to upload the last statement of their site, as they may stop access once they terminate. I can then confirm that they are quoting the correct figures.

 

Thank you.

Vint

[Dotty50]

Yes Vint they are quoting figures.

 

Thanks for the extra bits for my letter, it will probably be the weekend before I can get it done but will post it here before sending.

[Dotty50]

Hi Vint,

 

When you are around, this is the DN that I received.

DEFAULT NOTICE - with deletions.pdf

[vint1954]

Hi Vint,

 

When you are around, this is the DN that I received.

Well, they are out on dates if it was second class, received 15th.

 

The sum detailed to be paid by the DN, needs to be just the arrears, not the full ballance on the account.

[Dotty50]

Hi Vint,

 

Thanks for looking, yes it is the arrears they quote to be paid by the date, I have just got to decide what to write back to them.

 

As you tell people on many threads, keep a paper trail and always have the last letter on file. Very good advice, IMO.

 

Thanks again

[vint1954]

Hi Vint,

 

Thanks for looking, yes it is the arrears they quote to be paid by the date, I have just got to decide what to write back to them.

 

As you tell people on many threads, keep a paper trail and always have the last letter on file. Very good advice, IMO.

 

Thanks again

In this situation, the default date has not passed yet, so wait for their next response, unless you wish to fulfill the notice.

 

You could write saying that you are surprised to receive a DN when the account is in dispute owing to xyz. Demand that they do not register the default owing to the circumstances.

[Dotty50]

Hi thanks Vint,

 

I think I will wait for their next action on this one as after all, they have produce d NOTHING yet regarding my CCA request in April.

 

Will post any progress.

[benboy]

Hi Dotty!

 

Subbing with great interest. As you know I'm in a similar position with MBNA.

 

Good luck.

[Dotty50]

Hi Ben,

 

Thanks for your good wishes.

 

Just an update, forgot to mention previously that I had a second letter dated 8th Jan regarding my complaint, this time advising that 'our investigations are taking longer than anticipated. We will issue a response by 8/2/10'.

 

Wonder what date they will decide to 'Terminate'?!

[benboy]

Hi Ben,

'our investigations are taking longer than anticipated.

 

That's an excuse that covers a multitude of sins .

 

I suppose it depends on the individual whether you are bothered about a default notice or marks on your CRA file. Some need to keep a clean slate for mortgage applications etc. Either way, if they fancy their chances in court then it will look bad on them as the account is in dispute. I'm not bothered as I have a mortgage and never ever want another credit card. I can wait 6 years for statute barred.

 

I myself am looking forward to the funny postcards that they used to send me to appear again, now I'm standing up to them for once!

[benboy]

Anyone had a postcard covered in pumpkins?

 

He he!

[Dotty50]

Well, it was around Halloween.

[vint1954]

Hi Ben,

 

Thanks for your good wishes.

 

Just an update, forgot to mention previously that I had a second letter dated 8th Jan regarding my complaint, this time advising that 'our investigations are taking longer than anticipated. We will issue a response by 8/2/10'.

 

Wonder what date they will decide to 'Terminate'?!

Dotty,

 

I had 2 letters like that saying it will take longer.

 

MBNA do not tend to terminate in writing.