MBNA [A+L] sold CCard debt to hillsdens - court claim **Settled by F&F**

[RobinWayRobinme]

Hypothetically,

I agree that it could happen where a debtor challenges the provision of further credit from the assignee, but I don't beleive that there is anything in the CCA or atherwise that compels a creditor to provide further credit at any time.

 

 

How could the debtor show they have been prejudiced because if they had a good credit record they could get another card, if they did not they probably wouldn't be able to get another card and thus a reason for not providing any new credit anyway.

 

 

See my point DD, if the default is rectified, how many creditors will provide new credit?

 

 

I would say that if assigned and default rectified the agreement continues, regular statements etc., debtor continues to make payments under the terms of the agreement but the limit reduces each month following each payment made by debtor.

R

 

the assignee would have to be licensed to carry out the activities that the OC carried out- to the extent that it could lawfully comply with all the terms and conditions of the agreement- since if the debtor remedies the alleged default- the act requires that (s89) it will be as if the breach had never occurred

 

since all revolving credit agreements (as far as i am aware) contain clauses (quite rightly) that allow the creditor to restrict Further borrowing or use of the card

 

 

- it would be an interesting argument if a debtor were to challenge the assignee to state on what basis he was refusing to allow the credit (card?) to be used again - especially if the debtor can show that the reason he stopped paying was a dispute with the creditor and that in fact his income and expenditure had not changed.

 

Point is DD the POC are so vague they state no docs at all and as case has drifted to AQ stage without it being challenged

 

 

IMO now must be the time to knock the case into shape.

Therefore I suggested an unless order for the claimant to file and serve fully particularised statement of case, which would include docs relied upon, and that copies of those documents relied upon should be attached to the statement of case.

 

 

Only then can davidoneman file and serve a fully pleaded amended defence.

The draft Order cannot produce a list of docs to disclose as at this time there are none that can be listed.

R

i'm no expert in AQ's but i think i would be inclined,rather than demand production of documents "relied up" to actually state the documents separately

 

if the creditor has a dodgy document- and which he does not intend to rely- if he doesnt produce it- you cant question it .

 

just a thought

 

when mentioning the agreement

 

"the claimant shall produce the original executed agreement"

 

To help clarify issue of Hillesden's being able to provide credit etc. To follow is a copy of their license entry on register. They are allowed to do consumer credit business and that includes lending money and issuing credit cards should they chose to do so.

R

 

Licence Number:0100058

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration NumberHillesden Securities Limited1418063

 

Categories:

 

Consumer credit Consumer hire Credit brokerage Debt administration Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

Direct Legal & Collections DLC Hillesden Finance Hillesden Leasing

 

Trading Name(s) (Historic):

 

Maldon Leasing Wayborn Leasing Rayment Leasing

 

Issued Date: 17-Jun-1980

Expiry Date: 11-Oct-2010

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePositionAnthony Edward LockeOFFICERMr Robin Michael FaccendaOFFICERMs Susan FaccendaOFFICERStephen Orlando GrimaOFFICER

 

Historic Individuals that run the organisation:

 

NamePositionMr Alan Kenneth MazdonOFFICERMr Richard Arthur LambertOFFICER

 

Nature of Business:

 

Debt Adjusting

 

Current Address(es):

 

Address TypeAddressCorrespondenceDirect Legal & Collections , Buckingham Road, Brackley, Northants, NN13 7DNPrincipal Place Of BusinessDirect Legal & Collections, Buckingham Road, Brackley, Northants, NN13 7DNRegistered OfficeDirect Legal & Collections, Buckingham Road, BRACKLEY, Northamptonshire, NN13 7DN, United Kingdom

 

Historic Address(es):

 

Address TypeAddressCorrespondence., Buckingham Road, Buckley, Northants, NN13 5DNPrincipal Place Of BusinessBuckingham Road, Brackley, Northants, NN13 5EXPrincipal Place Of BusinessDirect Legal & Collections, ., Buckingham Road, Brackley, Northants, NN13 7DNPrincipal Place Of BusinessWillow Road, Brackley, Northants, NN13 5HBRegistered Office., Willow Road, Brackley, Northants, NN13 7EXRegistered OfficeWillow Road, Brackley, Northants, NN13 5HB

[davidoneman]

hi just a update ,

no letter from court yet

 

 

i rang and was told its been struck out because they havnt replied in time ,

 

 

i got a letter from hillsdens with a signed credit agreement attached

, and asking to contact them to reosolve the matter ,

 

 

i sent a email offering £300 to settle full and final

got a reply saying they wouldnt accept nothing less than £600

 

 

i replied saying all im prepaired to offer is £300 in full and final with they then said they would accept .

 

 

I asked them to send a letter stating this ,

just recieved letter today which says

--we confirm that we will accept the sum of £300 in full and final settlement for this account , upon receipt of cleared funds your account will be closed and your credit file updated accordingly ,

does that sound ok as it states £300 in full and final

, just want to make sure befor i send money

[silverfox1961]

I would send one further email for clarification purposes.

That they will not sell this account on to any other body.

 

My thinking. They say they will accept as F&F meaning they will not take any further action. If they sold the balance on they are still not chasing.

Chances are they won't flog it on but you would want to be sure.

[silverfox1961]

Just had another thought for when this matter is finalised.

 

Did you ever reclaim the bank charges?

[RobinWayRobinme]

I would agree with silverfox that you need to be cautious. However, the important words in their letter are that on receipt of cleared funds the account will be closed and your credit file updated accordingly. Letter to me sounds OK, only point could clarify IMO is that they specifically state that credit file updated to show full balance outstanding on the account has been discharged.

R

hi just a update , no letter from court yet but i rang and was told its been struck out because they havnt replyed in time , i got a letter from hillsdens with a signed credit agreement attached , and asking to contact them to reosolve the matter , so i sent a email offering £300 to settle full and final got a reply saying they wouldnt accept nothing less than £600 so i replyed saying all im prepaired to offer is £300 in full and final with they then said they would accept . I asked them to send a letter stating this , just recieved letter today which says --we confirm that we will accept the sum of £300 in full and final settlement for this account , upon receipt of cleared funds your account will be closed and your credit file updated accordingly , does that sound ok as it states £300 in full and final , just want to make sure befor i send money

[diddydicky]

i very much doubt that they will show the full amount satisfied and will show it (as is the real case) as a short settlement

 

but i suppose it doesn;t hurt to try!

 

as to the full and final- courts know what full and final means and you would have no fears of further demands from this account (IMO)

[Dotty50]

Is that right?

 

£300 to clear a debt of £5000?

 

Very encouraging news, I may get in touch with Hillesdens and make an offer, as in how much they will accept to go away. Although I have still not seen an agreement for my MBNA CC!

[diddydicky]

very rare, if it is!

[davidoneman]

would it make any difference if i pay through online banking or should i send a cheque ,

yes its £300 and the balance is £5000 ,

 

they took me to court but it got thrown out

then they sent me a letter saying they now had the signed agreement and could goto court but to contact them to try resolve the matter.

 

i emailed them and offered £300 as thats all i can get from family

they said they wanted £600

 

Sent another email saying £300 was all i had for full and final ,

they said if they received the money before the end of the month they would accept as full and final , they also sent me a letter confirming this

[dx100uk]

unless they are going to WIPE / ERASE / DELETE

the whole account history as if it never existed...

 

from your CRA file, then i wouldn't pay them a penny.

 

partial settled with a remaining default is as good as a CCJ now-a-days .

 

 

waste of money.

 

 

my thoughts

 

dx

[Dotty50]

I guess they have no agreement then, have they confirmed in writing that the debt will not be sold on?

 

I think I would send a cheque, preferably from a third party if possible but ensuring everything is in order beforehand. It seems such a low acceptance and I have read on here where people have had shortfalls sold on, so that's the only thing I would be very wary of.

[davidoneman]

I would rather pay the £300 than face the prospects of them taking me to court as when i posted the credit agreement up people said it was enforcable. Can they completly clear the credit file ?

[Dotty50]

It is possible but unlikely.

 

Nothing to stop you asking the question though!

[davidoneman]

this is the agreement which i was told is enforcable

 

[dx100uk]

in a nutshell, i don't think they'll ever go near court again.

 

they thought they'ed found a mug that they could get into court and fleece

 

you found CAG.!!!!

 

i've never seen one thread on here where 'whomever' was offering a 'discount' and the OP ignore them & it went that way.

 

the only 'pattern' i've seen is that if anyone is offering a discount, it means one of two things....

 

either the CCA is pants and they think it will never standup in court

 

or a very substantial ammount of the debt is either charges or PPI or BOTH.

 

so again they'ed never go near court as they know they;ll be counter claims by the client.

 

most 'fake' dca solictors hate counterclaims on charges/PPI as it makes the judge scratch the surface too deeply and find its only a thin coat of new paint over rust and the case falls apart.

 

dx