Fluffystuff's OH & MBNA

[Alloyz1]

Vint...

Excellent letter re 'True Copy' arguement.

 

I've just sent off my initial CCA copy request and expect an unsigned one so I can use this to great effect.

Thanks

[vint1954]

Read and edit as appropriate

[Fluffystuff]

Hi Vint et al,

 

Have received three letters ( whilst on hols) requesting payment of arrears from RMA ( Risk Management Alternatives).

Is template letter no.17 an appropriate response?

 

Many thanks once again.

[vint1954]

The bemused letter next. Edit to suit your circumstances.

 

Ref Account xxxxxxxxxxxxxxxxxxxxxxx

Dear xxxxxxxxx,

 

I was somewhat bemused to receive your letter of xxxxxxxxx 2009, the content of which is noted. No debt to your company or client is acknowledged.

 

On xxxxxxxxxx 2009 I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. MBNA have failed to comply within the statutory time limit, or at all. In addition, this alleged account was placed in dispute on the xxxxxxxxx 2009. It should not be necessary to have to remind you that the provisions of s.78(6) now apply. These letters are enclosed.

 

In the circumstances, your threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection and your attention is drawn to this guidance document.

Your attention is also drawn the ICO on Data protection, as passing details on to a third party while an account is in dispute is contrary to the Data Protection Act. I have previously issued letters to MBNA under s10 of this act. You may wish to refresh yourselves of the implications of ignoring the Data Protection Act.

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be considered vexatious and unlawful. The Court's attention will drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

I would remind you that while this alleged account remains in dispute, that MBNA:

• May not ask for payment against this account.
  
• I am not obliged to offer any payment against this account.
  
• Cannot register any data with a third party.
  
• Cannot take any enforcement action, including registering Defaults.
  
• Cannot pass the account on to a third party for collection.
  
• Cannot sell the account.
  

I trust this out lines the situation and that you will take note of my comments, to avoid any further breaches of the Law, being committed by you.

 

[Fluffystuff]

Vint, as ever, thankyou. Letter duly edited and sent.

[Fluffystuff]

Hi all, quick update.

 

Received a very 'nice' letter from RMA informing us the account has been referred back to MBNA for further contemplation and asked us to allow them 28 days to do so! OK, fair enough.

 

Meanwhile, we had sent MBNA CPR request but this was returned by MBNA yesterday with a request for £1.

Poor loves, they obviously can't read or perhaps they are colourblind - the paragraph stating this was not a s78 request, was highlighted red afterall!

So will be returning my request to them with a suggestion that they read it properly this time and perhaps I'd better use a different colour ink.

 

Hey ho.

[Fluffystuff]

Update:

 

No response to CPR request, just repeated requests for payment of either the arrears or whole balance - depends which button they press I guess!

Also received "Important Default Notification" - appears to be a notice of a notice as it does not give date to rectify or contain any other required terms! (Sorry, not able to scan at present.)

 

OPTIMA LEGAL

Received today, Notice of Legal Action, threatening charging order etc etc. Now I'm not phased by this as I know they are out of order but wonder if the 'bemused letter' is appropriate for now or if something a bit stronger is required??

 

Seems they are in breech of the Malacious Communications Act and a letter to the SRA would be in order.

 

Advice appreciated as always.

[vint1954]

Update:

 

No response to CPR request, just repeated requests for payment of either the arrears or whole balance - depends which button they press I guess!

Also received "Important Default Notification" - appears to be a notice of a notice as it does not give date to rectify or contain any other required terms! (Sorry, not able to scan at present.)

 

OPTIMA LEGAL

Received today, Notice of Legal Action, threatening charging order etc etc. Now I'm not phased by this as I know they are out of order but wonder if the 'bemused letter' is appropriate for now or if something a bit stronger is required??

 

Seems they are in breech of the Malacious Communications Act and a letter to the SRA would be in order.

 

Advice appreciated as always.

Hi Fluffystuff,

 

Yes bemused letter to Optima. These people are the pits.

 

Also as you say, complaint to SRA. There is a thread running on this subject

[Fluffystuff]

Thanks Vint, all done!

[Fluffystuff]

Recived a reply from Optima stating that I should have addressed my correspondance to their client, therefore my letter has been forwarded to MBNA for their comments. Can't wait.

[Fluffystuff]

Update:

 

Response from SRA regarding Optima - complaint dismissed, no grounds!!

That was a waste of a stamp then!

 

Have still not received D/N or T/N but continued requests for payment of o/s balance!

[Fluffystuff]

Have now received letter direct from MBNA threatening charging order as they know we are homeowners! Have they given up using Optima then !?

 

Do you think we should write accepting their termination (they ask for total balance) even though we have not receieved D/N or T/N ?

[seriously fed up]

So they havent done a DN or a TN. Interestingly I am having this with Vanquis (well Cabot really because not only no DN or TN but they have sold it as well), but someone I have been trying to help with a case involving RBS has had the same thing with them - no DN or TN but straight off to court.

There is loads of stuff on this site about what to do about dodgy notices (or either type) but I am really struggling to find anything about the legal consequences of NO default or termination notice. Does any one out there have any ideas - or even direct me at where to look?

Thanks

SFU

[Fluffystuff]

Hi SFU,

 

I am assuming that by requesting repayment of the whole amount outstanding without issuing valid D/N, that they have unlawfullly rescinded the alleged contract.

Can anybody confirm,am I correct?

[vint1954]

Yes, that would be correct if they have not issued a DN, but MBNA usually do issue one.

[seriously fed up]

Maybe MBNA usually do - but can they prove it? They usually send them ordinary post for instance

[Fluffystuff]

Well, at long last we received a D/N and guess what, it's invalid for the usual reasons! Then today, well before the date to rectify expires, we receive a letter telling us the debt has been sold on!!

 

Unlawful recission me thinks??

[vint1954]

yes

[Fluffystuff]

Now received letter from dlc confirming debt assigned to Hillesden Securities - that'll do nicely!

 

Unlawful recission letter off to MBNA today and a "I'm terribly sorry but you've bought a dud!" one to dlc!!!

[Fluffystuff]

Dlc still sending threatening payment demands - I've given up responding as they obviously don't or can't read them!

There's only so many ways of explaining what "you've bought a dud" means!!

[middenmess]

8-)8-)8-)

[Fluffystuff]

Received letter from Dlc yesterday in response to our recent request for information - have no idea what they're talking about!!

 

Anyway, here's the thing, they enclosed spreadsheets of transactions supposedly on OH's account from 2007-2010, whilst the a/c number quoted is OH's, the transactions are most definately not - none of them!!

 

Simple cock-up or something that needs looking into?

[middenmess]

File for later proof of their efficiency and strict adherence to DPA in regard of keeping 'clients' details safe and secure.

[Fluffystuff]

Hello 'angel no.2', good to hear from you!

 

Yes, that's what I thought - just needed someone to tell me so! xx

[pedross]

Hi Fluffystuff

 

How are you doing.

 

Where did you see it is a problem for them if they assign it before the DN date has expired. I am unclear about the implications of that.

 

Good Luck

 

Pedross