CAA request updates / results part 2

dvs

Thought I would update on our CCA requests with MBNA.

Requested CCAs for two accounts with MBNA in February 2009. The first response was the current terms and a note saying they would supply the CCA under separate cover. The follow-up letter arrives in April stating that they did not deem the account to be in default and that they will forward the CCA if they have it. They never arrived.

I wrote several letters to them asking to confirm if they have the CCAs and if so, to supply them. I also made an offer for an early settlement. They never responded to any of my letters and continued to add interest and charges. I decided to send a letter as a complaint (in the hope they might respond). They claimed they did not receive full details of my complaint (due to an internal error). They said that I should forward the complaint to them but they also said in the same letter that they would not enter into further correspondence.

In the end I contacted them by phone. They were really helpful but there was a deadline by 30th October to agree a settlement. We negotiated but did not reach an agreement. I was annoyed because they were really good when negotiations began but after my final offer, never even came back to me.

I have been informed that the debt has been sold on to Debt Clear Recoveries and Investigations. I've done a bit of research. The company is not trading and forum users have concluded that it appears to simply another department within MBNA. They have not made contact.

The deadline for the second account passed at midnight but I did not even attempted to come to an agreement as they didn't have the courtesy to come back to me about the first offer.

The first account appears with the CRAs as a default. I presume the second account will do so shortly.

stapeley

dvs wrote: »

Thought I would update on our CCA requests with MBNA.

Requested CCAs for two accounts with MBNA in February 2009. The first response was the current terms and a note saying they would supply the CCA under separate cover. The follow-up letter arrives in April stating that they did not deem the account to be in default and that they will forward the CCA if they have it. They never arrived.

I wrote several letters to them asking to confirm if they have the CCAs and if so, to supply them. I also made an offer for an early settlement. They never responded to any of my letters and continued to add interest and charges. I decided to send a letter as a complaint (in the hope they might respond). They claimed they did not receive full details of my complaint (due to an internal error). They said that I should forward the complaint to them but they also said in the same letter that they would not enter into further correspondence.

In the end I contacted them by phone. They were really helpful but there was a deadline by 30th October to agree a settlement. We negotiated but did not reach an agreement. I was annoyed because they were really good when negotiations began but after my final offer, never even came back to me.

I have been informed that the debt has been sold on to Debt Clear Recoveries and Investigations. I've done a bit of research. The company is not trading and forum users have concluded that it appears to simply another department within MBNA. They have not made contact.

The deadline for the second account passed at midnight but I did not even attempted to come to an agreement as they didn't have the courtesy to come back to me about the first offer.

The first account appears with the CRAs as a default. I presume the second account will do so shortly.

Remember when hearing from a third party , request a notice of assignment .

rog2

dvs wrote: »

I have been informed that the debt has been sold on to Debt Clear Recoveries and Investigations. I've done a bit of research. The company is not trading and forum users have concluded that it appears to simply another department within MBNA. They have not made contact.

If MBNA sold your debt to DCRI after 12 working days had elapsed from their receipt of your cca request, then they (MBNA) have acted illegally in that they were 'in default' and were not allowed to pass your details to a third party whilst they remained 'in default'.
If, and as soon as, you hear from DCRI, you should simply send them the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter from post 5 of :

http://forums.moneysavingexpert.com/showthread.html?t=963087

DCRI (Debt Clear Recoveries and Investigations Ltd) are registered at:
TRINITY HOUSE
16 John Dalton Street
MANCHESTER
M60 8HS

Their Registered No (Companies House) is - 02877251 (2nd February 1993)

I have no other information on them, but can, through bitter experience, state that MBNA do tend to use the lowest echelons of the already 'dubious' Debt Collection Industry.

badgerbread

I have just recieved a letter from HFC bank telling me that they do not accept my account going into dispute I will scan the letter on here a bit later but if anyone has advice as to what I do next it would be appreciated they have not provided a cca at all and have basically said they do not have one I am in arrears with this account and have already offered them a full and final settlement which they have refused. thanks

badgerbread

http://i448.photobucket.com/albums/qq207/roger57/hfcdisputeresponse001.jpg

http://i448.photobucket.com/albums/qq207/roger57/hfcdisputeresponse02.jpg

these are the links to the letter that hfc bank sent me thanks in advance for any advice.

stapeley

It is believed that MBNA withdrew from two Manchester High Court cases at the eleventh hour , resulting in nearly £16000 of card debt being wiped out .These cases were due to be part of several "TEST CASES " put before Manchesters High Court last week . I believe the main argument against enforcement was non production of the original CCA . Hopefully the facts will be confirmed in the national press shortly !

rog2

stapeley wrote: »

It is believed that MBNA withdrew from two Manchester High Court cases at the eleventh hour , resulting in nearly £16000 of card debt being wiped out .These cases were due to be part of several "TEST CASES " put before Manchesters High Court last week . I believe the main argument against enforcement was non production of the original CCA . Hopefully the facts will be confirm in the national press shortly !

Quite so, stapeley:

http://blog.creditissues.co.uk

I apologise that the above link is to the blog of a private 'claims management company' and would never recommend anyone to use the 'services' of such a company without, first, having taken advice from one of the Debt Counselling Charities. However, at the moment, it is the only tangible link I can find to this story.

stapeley

Thanks for that link Rog2 . I suspect the small matter of their 30% commission may have contributed to their willingness to settle out of court !

stapeley

[QUOTE=

captainhaggis

;26898857]Who here has actually had debts declared unenforceable by the creditor? That is, after writing to them to say you deem the debt to be UE, how often do the creditors come back and say "yeah, OK"?[/QUOTE]
Hopefully everyone will read the above posts .
The word vindication comes to mind .

never-in-doubt

stapeley wrote: »

It is believed that MBNA withdrew from two Manchester High Court cases at the eleventh hour , resulting in nearly £16000 of card debt being wiped out .These cases were due to be part of several "TEST CASES " put before Manchesters High Court last week . I believe the main argument against enforcement was non production of the original CCA . Hopefully the facts will be confirmed in the national press shortly !

Lol, its 2 days old mate! Fermi and me were chatting about this on Tuesday! http://forums.moneysavingexpert.com/showthread.html?p=27475075#post27475075

We're following events as best we can but it is kinda secretive at the moment, the courts are hiding everything.....