NBNA - Moorgate - Arden help!

sourcrates

Hi,
The 12+2 days start from the date the request is received, but in reality it will take them a lot longer to get the paperwork from the original creditor, if my experiences are anything to go by, like previous posters have said, the letters you have been receiving are all computer generated, they deal with thousands of clients and very rarely treat you as a individual, wait and see what comes back on the paperwork front, the very act of sending a CCA request automatically puts your account on hold anyway, which means you don't have to pay, and they wont ask for payment, until the CCA request has been fulfilled.

happy_bunny_2

Sounds good. Nothing they can do til they magic up the CCA. If they try, easy to fend off.

MBNA gave up looking for my CCA years ago.

bokken

Arrrggghhh! Are these people mentally challenged!! :mad:

Another letter of threats and concerns that I have not phoned them despite me sending off CCA request and still paying them £100.00.

I have taken the gloves off for my next letter and said that unless Arden send me my CCA demonstrating that they are now the owners of the debt and not Moorgate as it says on my credit report, I do not recognise them as having any legal claim over me. I will continue paying the £100.00 per month to my Moorgate account and reminded them that I removed their implied right of access.

Main points are:
• I do not recognise Arden credit management to have any legal claim on account number .... as this account is clearly indicated on my credit file as being held my Moorgate
• I will not acknowledge any further communication with Arden credit management until my CCA has been presented.
• I will continue my £100.00 per month payments to the Moorgate account.
• It is down to Arden to now agree one of the above offers or present in writing what they deem as an acceptable arrangement.


Is this a fair approach? I understand that Arden are a trading style of Moorgate, but Arden as a company do not own my outstanding balance. My understanding is that as long as I am paying every month there is nothing legally they can do...correct? I just don't get what their end game is. I was paying them £590.00 per month, now they are only getting £100 due to their constant badgering..

I am saving the excess £490 every month into a savings account with the hope I can negotiate a decent settlement figure for one lump sum payment

happy_bunny_2

Until they find that CCA they are stuffed as far as court, as pre 2007.

They probably can't find it, but as you are paying them then they don't need to. They probably need to request it from MBNA. They will be laughing at you for continuing to pay...

As they are behaving like idiots, tell em you ain't paying squat til it turns up. That should make them go find it...

Arden collect for Moorgate, as you say, same company as confirmed on small print of any letter you get.

bokken

Looks like I have Arden over a barrel. They still have not produced my CCA and are now a month overdue on it and have stopped with the weekly letters (last one was the 11th of sept)

But where does this leave me with Moorgate? The account I pay into is still a Moorgate account, if I stop paying cause Arden cant produce my CCA am I still not defaulting with Morgate?

Should I now be pursuing Moorgate with a CCA or SARs so I limit the damage to my credit file?

Thanks for all your help, I would of been lost without it.

happy_bunny_2

General rule is you communicate to the people writing to you about the account. In your case Arden. Their job to find the CCA. Probably need to go to MBNA who might not have it anymore.

As I said before, Arden and Moorgate are the same company.

You are still defaulting with Moorgate, as they own the loan.

As for your credit file, not paying will damage it, obviously. What's the account currently showing and what's the rest of your file like?

HB

sourcrates

Its the responsibility of the DCA writing to you to obtain the paperwork from the original creditor, you have done enough, don't bother sending any more letters, you will more than likely find that the paperwork no longer exists, and they may, or may not choose to tell you this, rule of thumb, until such time as the correct paperwork is sent to you, account is unenforceable so don't worry about it !!!:beer:

bokken

Yay, closure at last.

After not getting any reply from Arden in regards to my CCA request, I sent them a letter a-la-Arden style outlining my available options one of them was a cheeky full and final settlement of 1k. Seeing as there is still 3.8k outstanding I did not fancie my chances, but hey presto! Got a letter today with them accepting it. I guess they could not get any of the paperwork together after all... Result.