Foxy v MBNA

[FlamingParrot]

Re: Foxy v MBNA

Hi guys

Just an update on this case.....IT WAS DISCONTINUED WITH COSTS!!!!

Basically, I invited a solicitor on board who knows his stuff. It turned out that the assignments were dodgy, as well as the default notice quoting the incorrect paragraph number of the correct t&cs. We had our day in court and their barrister just tried to talk around the paperwork problems - MBNA witness did not attend - and the judge did not seem impressed with them at all - he postponed it with costs to be considered at the next hearing due to their timewasting - as my solicitor had been chasing the paperwork since last Sept.

They ended up discontinuing and paying my costs...happy days!!!!!!!!!:high5::high5::high5:eace:

What can I say, I'm really happy for you!

I am also one of them 'MBNA haters', after they increased the interest rate to an obscene 36% in 2009 just when the BoE rate went right down, these [insert swearwords here] decided to make a ki££ing by charging more. That led me to default, only in this case they couldn't find any trace of the agreement, which was initially for an A&L card.

Happy days indeed!

[Foxyflugel]

Re: Foxy v MBNA

Thanks FP - and thanks for all your help previously on my thread. I hate them too - they did exactly the same to me (39%)and no doubt thousands of other customers - the payment was like paying a second mortgage and most of that was paying interest. There is only so much a person can take before you have to think '??@@****'. :tinysmile_grin_t:

[FlamingParrot]

Re: Foxy v MBNA

Thanks FP - and thanks for all your help previously on my thread. I hate them too - they did exactly the same to me (39%)and no doubt thousands of other customers - the payment was like paying a second mortgage and most of that was paying interest. There is only so much a person can take before you have to think '??@@****'. :tinysmile_grin_t:

Indeed! The balance was actually going UP every month despite not using the card and keeping up the minimum payments, it was at it's limit so I couldn't use it, their ridiculous interest pushed it over the limit, then they also started applying overlimit charges! :mad2: :mad2: :mad2:

The credit limit was £6,200, at the last statement (August 2010) it had gone up to £8,000! Not that it matters, because I have no intention to pay... :grin:

[teaboy2]

Re: Foxy v MBNA

What can I say, I'm really happy for you!

I am also one of them 'MBNA haters', after they increased the interest rate to an obscene 36% in 2009 just when the BoE rate went right down, these [insert swearwords here] decided to make a ki££ing by charging more. That led me to default, only in this case they couldn't find any trace of the agreement, which was initially for an A&L card.

Happy days indeed!

invalid defualt notice - well not surprised there consider on my they asked for full amount and then sold account via assignment to a dca before my 14 days were up (f*cking t*ssers - insert all other relevant swear words).

Not heard out since assigned to activa a year or so back (don't worry they got a threatogram from me - made sure got one in first) but i expecting a claim anytime since the default falls off in july and can bet your arse the bastards will try squeeze one in - Not that they stand a chance. In fact, i think by the end of that day any judge will have a whole new definition for when it comes to wiping the floor! hell i got my mop (with vacant mop head and prepared lubricated end) and bucket ready for it lol

[Foxyflugel]

Re: Foxy v MBNA

Had to chuckle at your post Teaboy - you sound like you've got them and are more than ready for battle to commence.

Initially, after seeking legal advice where I was informed that all the documents seemed to be in order, I had a gut feeling that something was not right and I'm glad I trusted my gut and sought further advice or I would have been making payments to them by now!!!! :tung:

[teaboy2]

Re: Foxy v MBNA

Had to chuckle at your post Teaboy - you sound like you've got them and are more than ready for battle to commence.

Initially, after seeking legal advice where I was informed that all the documents seemed to be in order, I had a gut feeling that something was not right and I'm glad I trusted my gut and sought further advice or I would have been making payments to them by now!!!! :tung:

Ohh my defense and witness statement was prepared six years ago with a few additions for each time it was passed to a new DCA (each more colorful than the last in intellectual language terms i.e f*ck off and swivel). I think (beyond doubt) that i got them by the nuts, firmly positioned above the mince maker, that in full swing is the best terminology to describe the situation - So i won't be short on mince this year for my xmas pies if they were stupid enough to take it to court on the off chance lol.

Anyone else like mince pies lol?

I learnt a long time ago if my gut says something ain't right.... It because it isn't!

[FlamingParrot]

Re: Foxy v MBNA

invalid defualt notice - well not surprised there consider on my they asked for full amount and then sold account via assignment to a dca before my 14 days were up (f*cking t*ssers - insert all other relevant swear words).

Not heard out since assigned to activa a year or so back (don't worry they got a threatogram from me - made sure got one in first) but i expecting a claim anytime since the default falls off in july and can bet your arse the bastards will try squeeze one in - Not that they stand a chance. In fact, i think by the end of that day any judge will have a whole new definition for when it comes to wiping the floor! hell i got my mop (with vacant mop head and prepared lubricated end) and bucket ready for it lol

In my case, MBNA never seem to have sold my account as I never got a NoA, they didn't even pass it on to an external DCA, just unleashed Debt Clear Recoveries and Investigations (DCRI) who are in-house MBNA bloodhounds. :beagle:Their last letter was dated December 2011 and they were 'thanking me' for my letter dated December 2010 (yes, 2010, it's not a typo, it was a year later!). They also said they would not enter into further correspondence about not being able to find a copy of my agreement and any further communication should be with DCRI. I never heard anything further since then and it will be SBd in less than a year. :grin: :grin: :whoo:

It's rather odd because MBNA sold a huge job lot to Arrow in 2012. :noidea:

[teaboy2]

Re: Foxy v MBNA

In my case, MBNA never seem to have sold my account as I never got a NoA, they didn't even pass it on to an external DCA, just unleashed Debt Clear Recoveries and Investigations (DCRI) who are in-house MBNA bloodhounds. :beagle:Their last letter was dated December 2011 and they were 'thanking me' for my letter dated December 2010 (yes, 2010, it's not a typo, it was a year later!). They also said they would not enter into further correspondence about not being able to find a copy of my agreement and any further communication should be with DCRI. I never heard anything further since then and it will be SBd in less than a year. :grin: :grin: :whoo:

It's rather odd because MBNA sold a huge job lot to Arrow in 2012. :noidea:

Well MBNA shot themselves in the foot in my case as they confirmed in writing to me the date they sold the account and that was a full 4 days prior to my 14 days to remedy expired. So default was in valid as 1 not in prescribed format, 2, asked for full outstanding amount and not the arrears only, and 3 - didn't give me the full 14 days to remedy as they sold it 4 days prior to my 14 days passing lol.

Yeah MBNA originally sold it to another DCA, who then sold it to another and then Activa ended up with it. Though i always wrote a letter to the new DCA explaining the situation, just so they knew they had a dead duck lol.

As for CCA, well i took my credit card out with Abbey originally who MBNA bought out, and the terms and conditions they sent me where not the original abbey terms but MBNA's but thats all i got, no CCA, just the terms and conditions - Muppets is the correct name for them i believe lol

Actually, mines already statute barred based on last payment as that was over 6 years ago, its the default that falls of my file this August.

[FlamingParrot]

Re: Foxy v MBNA

Well MBNA shot themselves in the foot in my case as they confirmed in writing to me the date they sold the account and that was a full 4 days prior to my 14 days to remedy expired. So default was in valid as 1 not in prescribed format, 2, asked for full outstanding amount and not the arrears only, and 3 - didn't give me the full 14 days to remedy as they sold it 4 days prior to my 14 days passing lol.

MBNA have always been known for their defective DNs, ever since I got mine in 2010 which I don't recall if they were good or bad, however, it's unusual even for them to have screwed up in such a big way as to assign the account even before the 14 days were up! Shows how inconsistent their behaviour is, with me they NEVER passed the account on, not even after all these years, while they were too quick to get shot of yours.

That's why when people ask: "what will happen next?" you can't really give an answer.

As for CCA, well i took my credit card out with Abbey originally who MBNA bought out, and the terms and conditions they sent me where not the original abbey terms but MBNA's but thats all i got, no CCA, just the terms and conditions - Muppets is the correct name for them i believe lol

Mine was an ancient A&L card from around the time you were born.

MBNA bought the A&L cards in 2002 but they were still branded A&L till 2009. I've got at least three letters confirming no agreement exists, no T&Cs, no application form, nuffing, zilch, nada, niente. :tinysmile_kiss_t4: