MBNA CCA - Is it legal?

[nks22]

indeed you will have received a letter after the DN asking for the full balance.

 

Not in my case. The DN was followed a week later by the letter telling me the debt had been sold to Direct Legal. I've received nothing else since the DN.

[vint1954]

Then just wait until friday and send the letter.

[nks22]

Received notice of assignment from DLC today. "MBNA no longer own your account and your account is now owned by dlc."

 

(Their letter, sent First Class, is dated 26 January and so pre-dates the earliest possible remedy date offered in the DN.)

Edited January 27, 2010 by nks22

[nks22]

What's the position with the arrears owing at the time of the DN? Do I owe those to DLC?

[BornAgainBiker]

why accept a termination: from what i gather, one accepts a termination based on a faulty dn so a judge cant 'wind back the clock' to a point where a creditor can re-issue a correct dn. how does accepting a termination prevent a judge from doing this?

 

also, from what i gather, one of the points we are making in our defence to a judge would be that the creditor unlawfully removed from us the right to repay monthly. if we accept his unlawful termination, how can we argue this point, as it follows we must be in agreement with our right to repay being removed. if this is right, what bearing could this have on a judges decision; could he not indeed decide to 'wind the clock back' to give the creditor another stab at the dn?

 

i've a feeling someone is gonna make a right charlie of me!

[nks22]

Accepting the termination ensures that it is effective. Once terminated the agreement cannot be re-created without the consent of both parties to the agreement, not even by a judge. If the judge agrees that the termination was invalid the creditor cannot enforce repayment through a court.

[vint1954]

Received notice of assignment from DLC today. "MBNA no longer own your account and your account is now owned by dlc."

 

(Their letter, sent First Class, is dated 26 January and so pre-dates the earliest possible remedy date offered in the DN.)

I have amended the letter above to reflect this. Send it to MBNA. If it is debt clear, then they are owned by MBNA.

[vint1954]

What's the position with the arrears owing at the time of the DN? Do I owe those to DLC?

No, when it pans out, they will have sold a pup to DLC.

 

Your compensation claim for UR will be more than the arrears in all probability.

[vint1954]

why accept a termination: from what i gather, one accepts a termination based on a faulty dn so a judge cant 'wind back the clock' to a point where a creditor can re-issue a correct dn. how does accepting a termination prevent a judge from doing this?

 

also, from what i gather, one of the points we are making in our defence to a judge would be that the creditor unlawfully removed from us the right to repay monthly. if we accept his unlawful termination, how can we argue this point, as it follows we must be in agreement with our right to repay being removed. if this is right, what bearing could this have on a judges decision; could he not indeed decide to 'wind the clock back' to give the creditor another stab at the dn?

 

i've a feeling someone is gonna make a right charlie of me!

No he cannot. The agreement has ended.

[BornAgainBiker]

If it is debt clear, then they are owned by MBNA.

 

thnaks for responses vint and nks, not sure what vint means by the above, thanks BAB

[nks22]

Thanks for that, vint. The (alleged) arrears are actually quite substantial and I wonder how much you could claim for damages if you already have a separate default on your record. However the account is already in dispute for what I regard as an unenforceable CCA.

[nks22]

Is there a template letter I can send to the DCA? Presumably MBNA will be in no hurry to tell them they've bought a dud.

[vint1954]

thnaks for responses vint and nks, not sure what vint means by the above, thanks BAB

sorry, should have been a bit clearer. Debt Clear is owned by MBNA, but looking back it appears that DLC are part of Hillingdons.

[vint1954]

Thanks for that, vint. The (alleged) arrears are actually quite substantial and I wonder how much you could claim for damages if you already have a separate default on your record. However the account is already in dispute for what I regard as an unenforceable CCA.

The arrears are the true amount outstanding at termination, normally just a few months.

 

Can you advise how much was mentioned in the DN and if it was the full ballance or just arrears. Then how long after the DN did they request the ballance in full, or terminate or sell on.

[vint1954]

Is there a template letter I can send to the DCA? Presumably MBNA will be in no hurry to tell them they've bought a dud.

Not realy, but something can be worked out.

[nks22]

Can you advise how much was mentioned in the DN and if it was the full balance or just arrears. Then how long after the DN did they request the balance in full, or terminate or sell on.

 

The DN demanded the arrears but MBNA having doubled the interest rate last year the interest on the account is over £500/month making the arrears over £3,000. The letter notifying me of the sale was sent eight days after the DN (or just four days after the date of service).

 

I was thinking of sending the DCA a covering letter with copies of the 'account in dispute' and 'unlawful recission' letters I've sent to MBNA.

[vint1954]

I would just write to the DCA, informing them that they need to check with MBNA, that the account was unlawfully rescinded by MBNA, so they had no ability to sell the account.

 

If they refuse, then let them try court, where the judge will hopefully throw it out.

[nks22]

Thanks.

 

Had a strange experience this morning - a letter from Wescot demanding repayment of my RBS overdraft. I'd had nothing from RBS and the overdraft is an authorised facility. Phoned my branch and they said it was nothing to do with them and they suggested I phone RBS Collections. Phoned RBS Collections and they said it was nothing to do with them and I should speak to the branch. Branch phoned Wescot who insist they've been instructed by RBS. The branch has apologised and said they'll look into the matter but it's all a bit odd.

[haggis1984]

Thanks.

 

Had a strange experience this morning - a letter from Wescot demanding repayment of my RBS overdraft. I'd had nothing from RBS and the overdraft is an authorised facility. Phoned my branch and they said it was nothing to do with them and they suggested I phone RBS Collections. Phoned RBS Collections and they said it was nothing to do with them and I should speak to the branch. Branch phoned Wescot who insist they've been instructed by RBS. The branch has apologised and said they'll look into the matter but it's all a bit odd.

 

Strange. May be related to the default from MBNA. The day I got MBNAs default notice I also got a letter from Barclaycard reducing my credit limit with them.

[hosap]

Not sure if I should post somewhere else - basically I'm in similar position regarding DLC,

 

I received a default notice from MBNA dated 11 Jan 2010 requesting payment of arrears by 28 Jan 2010.

 

Received a letter from MBNA dated 19 Jan 2010 stating that my outstanding balance had been sold to Direct Legal-Dtl

 

I phoned MBNA (not sure of date) to query sale of my debt before date given in their DN- they said it was a computer run or something but that I would now need to talk to dlc etc,

 

Then received a letter from dlc dated 26 Jan 2010 giving notice that my debt had been assigned to Hillesden Securities Ltd trading as dlc.

 

Today 28 Jan 2010 received a text message from dlc asking me to phone them urgently.

 

I was about to call dlc and came across this and some other threads. Is there any benefit to querying the sale of my debt before the date in my DN had expired?

 

This will not be popular but I have found MBNA to be quite reasonable in delaying action on my account until this point and guess am nervous at dealing with an unknown entity (dlc).

 

Thanks for any suggestions etc

[nks22]

Presumably someone (or maybe just a computer) in RBS has noticed the defaults on my credit record. It's odd, though, that it should go straight to Wescot without even a letter to me from RBS. I've been with the same branch for nearly 30 years, am not in any sort of dispute with them and the overdraft is a facility of the type of current account I have.

[nks22]

I was about to call dlc and came across this and some other threads.

 

Don't phone - write and send recorded delivery. You want to keep a copy of everything and have proof that you've sent it.

 

Is there any benefit to querying the sale of my debt before the date in my DN had expired?

 

Every benefit. Read back on this thread and follow the procedure recommended by Vint.

 

I have found MBNA to be quite reasonable in delaying action on my account until this point

 

And yet they did this.

[vint1954]

Not sure if I should post somewhere else - basically I'm in similar position regarding DLC,

 

I received a default notice from MBNA dated 11 Jan 2010 requesting payment of arrears by 28 Jan 2010.

 

Received a letter from MBNA dated 19 Jan 2010 stating that my outstanding balance had been sold to Direct Legal-Dtl

 

I phoned MBNA (not sure of date) to query sale of my debt before date given in their DN- they said it was a computer run or something but that I would now need to talk to dlc etc,

 

Then received a letter from dlc dated 26 Jan 2010 giving notice that my debt had been assigned to Hillesden Securities Ltd trading as dlc.

 

Today 28 Jan 2010 received a text message from dlc asking me to phone them urgently.

 

I was about to call dlc and came across this and some other threads. Is there any benefit to querying the sale of my debt before the date in my DN had expired?

 

This will not be popular but I have found MBNA to be quite reasonable in delaying action on my account until this point and guess am nervous at dealing with an unknown entity (dlc).

 

Thanks for any suggestions etc

There is always a first time. MBNA have been horrendous to most on here.

 

First point is to stop talking to them. Refuse the security questions. You need everything in writing from here on.

 

Second point is to have a lokk back over this thread and the letter in post #54. You will need to start your own thread to get better advice as yours will get lost on this one.

 

Lastly, what do you want to acheive at the end of the day.

[hosap]

First thanks to vint1954 and nks22 for their replies.

 

Second apologies but I was having a headless chicken day and shouldn't have posted - I'm not claiming back bank charges and didn't put 2 and 2 together - my problems relate to credit card debt/arrears. So apologies mainly to vint1954 and nks22 but also to anyone else that might have read this. Good luck with your claims etc.

 

I will now go and hide under a virtual rock.

[nks22]

No apology necessary. I'm not sure why you think you shouldn't have posted. This thread isn't about claiming back bank charges either.

 

What's interesting is that there are at least four people on these forums who received exactly the same letters sent on the same dates . That must represent hundreds of cases nationwide.