MBNA now DLC debt

[Madge67]

I have a Credit Card Debt that has now been passed to DCL. I recd a letter of assignment from DCL dated 28/09 confirming this and I have CCA'd their data company for a copy of the agreement.

 

I have now recd a copy from Hillesden Securities saying that they are still waiting for a copy of the original agreement from MBNA and will send this to me when they have it.

 

They also state that if they are unable to send a copy of the original agreement, they will be able to supply a true copy of the document which comply's with section 77-79 of the CCA 1974..

 

They have made reference to the McGuffick v RBS case regading enforcementg and bringing proceedings and that they are allowed to demand payment and update credit ref agencies.

 

They agree they cannot enforce the agreement until the document is provided, the money remains to be paid and it will remain with them and collection activity will continue.

 

They and by saying they will update me on developments in 21 days if there are no developments in the meantime.

 

Can anyone out there suggest what my next steps should be please. I would like to see if there are any unreasonable charges on the account and I realise that I need to SAR MBNA in order to do this. Also, I cant remember havng a default notice on this before it was passed on, but I couldnt be sure - I assume an SAR will pick this up as well wont it? I did have a credit agreement canx letter on 11/08 but nothing since.

 

cheers Madge

[dx100uk]

what shows on your cra file?

 

dx

[Madge67]

Ive just checked my CRA dx and there is zilch about this debt - not even with MBNA - Hmmmmm

[dx100uk]

when was your last financial transaction?

 

dx

[Madge67]

Not that long ago dx, I have been paying reduced payments to MBNA for the last few months and have just made another offer (sept) that MBNA have ignored. The card hasnt been used for a good 3 years though.

[dx100uk]

urm..

 

strange then.

 

dunno what to make of it then

should be showing

 

how old is the card?

 

dx

[Madge67]

Id say the card is roughly 11 years old. But not used for the last 3 years when I couldnt keep up the monthly payments. I then paid reduced payments for a bit, then back up to normal and then lower ones from earlier this year.

 

Isnt it wierd. Do you think MBNA have removed it from CRA because they have sold it on so maybe it will reappear in the name of DCL????? maybe, perhaps.

[Madge67]

ooooh just found it on another credit ref search - its sowing as hillesden securities - start date 1998, default date 30/07/2011, thats about it really.

[dx100uk]

urm..

so it does exist.

 

dx

[dx100uk]

ok then

time for an SAR then

 

dx

[Madge67]

dx is that SAR to MBNA then do you reckon?

[dx100uk]

yep sri, always to the OC.

 

dx

[Madge67]

Marrrrrvelus - Thanks m8 - Im going to get that beauty sent off this week for sure.

[whymehfor]

Make sure you request the coms log I've said this in a number of posts now but it does show what they've been up to ..

 

With me I've had two differing sets of reconstructions (fun game they play), of course to them its a "true copy"....

[Madge67]

Letter ready to be posted tomorrow - including the req for the comms log - thanks whymefor and DX

[Madge67]

All quit on the Western Front re this at the moment

 

but just been going back over the letters etc I have rec.

 

Having checked my Credit File it states DN date = 30/07/2011.

 

I dont think i even recd this.

 

letter from MBNA terminating agreement dated 11/08.

This makes 12 days so surely this is wrong?

 

Can someone advise on this please?

 

In another letter dated 05th September they state they have decided to sell the debt on to another company.

 

The next letter dated 28th September from DLC stating the debt had been assigned to Hillesden Securities T/A DLC.

 

I have since CCA'd Hillesden on 28/09 and recd a reply on 14th October stating the following:

 

I acknowledge receipt of your 1.00 postal order in connection with your data request under CCA 1974

We are still awaiting a copy of your original Credit Agreement and statement of account from MBNA. When these become available we will forward them on to you

If we are unable to foward a copy of the original agreement,

we will be able to suppy a true copy of the document which will comply with section 77-79 of the CCA 1974

 

We would like to draw your attention to the ruling in the case of McGawffick V RBS judgement dated 06 Oct 2009

in relation to what is considered enforcement.

 

The judgement stated that the bringing of proceedings is not enforcement.

 

It follows that demanding payment is a step prior to commencement of proceedings and therefore not considered enforcement. We will continue to report the account status to the CRA's as this is also not considered as enforcement.

Whilst we may not be able to enforce the agreement until the documentation is provided, the monies remain outstanding and the underlying obligation to pay remains intact. In view of the above judgement the account will remain in our collections dept for collections activity to continue.

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand.

 

Data Controller

Compliance team

 

So I have now SAR'd MBNA last week. Can anyone advise on my next step please

 

Many thanbks

 

Madge

[dx100uk]

well ignore the crap about he court case

it always was that way as such

 

you are not desputing the CCA anyhow .

 

BUt if they dont reply with a CCA in 12+2 days

IF you are paying anything

you can safely STOP.

till they do suppy one.

 

they do not control the CCA time limit the LAW does

 

pers i'd sit tight and await the info from the SAR

 

dx

[Madge67]

Thanks as always for your quick response DX

 

What do you reckon to the DN and the termination letter dates then? '

Is it not supposed to be 14 days after service of the DN b4 they do anything?

 

Shall I send the account in dispute letter to Hllesden now then as they have not complied or shall I not do anything at all at this stage.

 

Im certainly not paying them a penny until they prove it to me.

 

Ive had no acknowledgement that MBNA have recd the SAR request (sent it 28th I think) and they havent cashed the chq as yet.

 

The Royal Mail tracking option states the letter is still being processed

- Ive had quite a few of these even though they have been recd by people

- Whats the bladdy point eh?

 

I will check again tomorrow though but I may have to send MBNA a nudge to see if they have recd the request.

I will enclose a copy of it and again send it recorded delivery.

 

Thanks again

 

Off to bedibyes now but will keep you posted

 

Madge

[dx100uk]

there are or 'were' hard and fast rules about

DN's and termination etc etc

and what they could then demand

like only arrears or the full balance

 

TBH: i'm not sure anymore nor PERS confident on using ANY

paperwork 'wriggling' to p'haps reduce or remove a the need to pay a debt

 

await the SAR

 

dx

[whymehfor]

Thanks as always for your quick response DX

 

What do you reckon to the DN and the termination letter dates then? '

Is it not supposed to be 14 days after service of the DN b4 they do anything?

 

Shall I send the account in dispute letter to Hllesden now then as they have not complied or shall I not do anything at all at this stage.

 

Im certainly not paying them a penny until they prove it to me.

 

Ive had no acknowledgement that MBNA have recd the SAR request (sent it 28th I think) and they havent cashed the chq as yet.

 

The Royal Mail tracking option states the letter is still being processed

- Ive had quite a few of these even though they have been recd by people

- Whats the bladdy point eh?

 

I will check again tomorrow though but I may have to send MBNA a nudge to see if they have recd the request.

I will enclose a copy of it and again send it recorded delivery.

 

Thanks again

 

Off to bedibyes now but will keep you posted

 

Madge

 

With MBNA and Defaults on the CRA they can be two different things. Did they send 30 days notice that they will register a default on your CRA? The Sar should show when the DN was sent.

 

A "true copy" is one that is actually a copy of the documents not one that is hashed together (mbna have issues with the difference).

[Madge67]

Why - Thank you for your reponse. I find it funny that they have almost repeated the same thing in their letter I quote

 

"If we are unable to foward a copy of the original agreement,

we will be able to suppy a true copy of the document which will comply with section 77-79 of the CCA 1974"

 

Hmmm let me get this straight, if they are unable to forward a copy of the agreement how the heck can they forward a true copy of the agreement - beggers belief. Im very much looking forward to the document they produce so will share the comedy with you all of course. In the meantime I have decided I am not doing anything, no payments, no reminders zilch and see what they do next.

 

Madge

[whymehfor]

Some judges have allowed reconstruction agreements in .. It was allowed in the Carey Vs HSBC case but hsbc were the defendant in that case. The problem for mbna is that they have been using "true copy" in their statement even when they have produced two different set of T&Cs.

 

Shame you don't have the original DN, as that is typically reconstructed, usually at the bundling stage and then it goes slightly wrong . I have 3 different DN's from mbna and their solictors. Luckily i have the original .

 

Did you have any ppi on the account ?

[Madge67]

Why, I dont even think they sent me a default notice. I would remember that Im sure of it. But you know when some little nagging doubt is there. I will have a really good look through all my paperwork though and see if I have misfiled it.

 

Anyway this morning I have recd a response to my SAR req (so they did receive it after all)

 

The letter says'

 

Thanks for your req etc etc

 

Under section 7 of the DPA 1998 as per your request for statement information, please find this information enclosed. We have provided this free of charge. So All I have is a list of transactions

 

Shows a charge off adjustment on 30/0 7with a credit then a corresponding debit on the same day (must have realised that they shouldnt have done it on that day or something. Then another credit nilling the balance due to sold account . Looks like they didnt sell on within the prescribed time limit of the DN. Now its down to whether the DN was served. Its not on the statement they have sent but then I doont suppose it would be. I will have to wait until the SAR time is up to see if they come up with anything else. I think however, the letter they have sent today must be the full response and they have nothing else - hence we wont charge you.

 

Im still to file my complaint again the charges so I suppose I should get my skates on re this.

[Madge67]

Ooooh yes and they have sent statements showing transactions only going back to October 05 but no explanation as to why they havent sent previous ones 6 years only. I have had this card for years before this. Good news is that now I can see more transactions and my claim for unfair charges has increased massively.

 

Can someone advise where I would stand in respect of the period before Oct 2005.

 

Also The SAR request was signed for on 29 Sept so the 40 days is up in a couple of days so MBNA are very close to being in breach of SAR and Hillesden are already in breach of the CCA request.

 

I am keen to get my claim in for charges but would like to try to get the info prior to 2005, any advice on this would be great.

[Camaro3]

Madge67,

 

I sent MBNA an SAR and my transactions only go back to May 2005. I have sent them a letter stating that the SAR is incomplete and that I require a list of all charges on the account and a list of all PPI tranactions going back to when i took out the card (2001). Am waiting for their reply.