MBNA reconstructing DN

[Angry Cat]

Re: MBNA reconstructing DN

Ask Hillesden: Are you "the Creditor".

No doubt, Hillesden will dodge the question...!

[cadwallader]

Re: MBNA reconstructing DN

AC

Thanks - will do.

C

[HeftyHippo]

Re: MBNA reconstructing DN

It sounds like you made a subject access request?

the comms log will reveal transactions on the account, and if they sold the debt, it will say so. MBNA usually sell the debt in my experience, and the log will give the date of sale. In mine, it clearly said "xx/xx/2009 sold to yyyyy all correspondence to yyyy" Is there anything like that in your SAR?

Obviously, if the log says 'sold' and they try to argue it means 'assigned' then there's a whole lot of arguments - they admit to the records being incorrect, a breach of the DPA, and if they argue that its internal shorthand "sold = assigned" then thats a different breach unless the guidance notes they supply illustrate that an entry of 'sold ' may mean something else. (the SAR should be capable of being understood, and any notes required to make sense of the entries should be supplied) Of course, breaching the DPA is no big deal, the ICO are useless at enforcing it in my opinion.

You can also SAR those chasing you and see what they have on record, but it won't be much.

MBNA are charlatans who don't give a fig about records.

When I started being chased by someone claiming to have bought the debt, I wrote to MBNA asking if it was true. MBNA simply sent the letter to the purchaser!

The SAR revealed the 'sold' entry with an instruction to send all corrrespondence to the buyer.

I would write to a MBNA VP (director) (post to customer care or whoever will just get forwarded to the buyer). Simply act a bit dumb and say you're confused about the ownership of the debt. Simply ask if it is true that the debt has been sold and that MBNA do not have any interest in the debt. Ask for the date of sale. Simply say you want to be confident that whoever you discuss things with has the authority to enter into discussions with you and whilst you are uncertain of the status and who has an interest in the matter, you can't do that. (thats what I did to get confirmation of the sale)

You will get the info eventually. Coming from a VPs office, it will carry some weight if someone else lower down challenges it later.

IMHO, if MBNA sold the debt, your agreement with them ended. If their paperwork wasn't up to scratch, and loads of MBNAs wasn't, you may have get out clause.

Many of MBNAs customers got Default Notices and then found the account was sold within days of the DN being sent! Of course, only the SAR reveals that, MBNA don't volunteer the info.

[basa48]

Re: MBNA reconstructing DN

Many of MBNAs customers got Default Notices and then found the account was sold within days of the DN being sent! Of course, only the SAR reveals that, MBNA don't volunteer the info.

In my case they didn't need to admit it, I got a letter from the buyers (EC) dated 3 days before the DN expired!! and SAR'd statements showing sold date a week before!

All pretty irrelevant really as MBNA drew up the DN for the full balance!! Muppets !

[cadwallader]

Re: MBNA reconstructing DN

Hi HeftyHippo

Comms log from SAR shows 2 entries 8 days after date of DN regarding sale:

Sold to Direct Legal - refer to (reference number)

Sold xxSeptember 2009 Balance at sale was £x

No mention of meaning of Sold in accompanying notes.

C

[diddydicky]

Re: MBNA reconstructing DN

I originally received a default notice from MBNA in Spetember 2009. It was oneof those that demanded payment of the total balance outstanding on the credit card to recify the default (rather than the arrears of payments) and MBNA then advised prior to the date to rectify they had sold the debt to Direct Legal .

I pointed out to DL/Hillesden that the DN did not comply with s87 CCA and they said they were referring back to MBNA.

I have now received a letter from Hillesden enclosing what MBNA states is a copy of the DN. This 'copy' is dated June 2009 and now has the amount to remedy as the arrears figure rather than the total outstanding.

Any suggstions on how I should respond to this? Seems that MBNA are trying to re-write what happened to put themselves in a better postion!

Thanks

Cadwallader

keep it under your hat - let them issue a claim and then make sure under 31.14 that you get a copy of the dn mentioned in their poc- (hopefully the amended one)

then you can show them for what they are! with the original which you found in your files a day or so before the trial

[cadwallader]

Re: MBNA reconstructing DN

Re post 16 as suggested I did

Ask Hillesden: Are you "the Creditor".

There response was:

"Hillesden Securities Ltd t/as direct legal & collections is now the legal owner of your account and any payments should be made to us"

Do I need to ask them whether the assignment was absolute or equitable?

Thanks

C

[Angry Cat]

Re: MBNA reconstructing DN

Ask them to provide, documentary evidence providing proof that the alleged debt was legally assigned.
Also ask them:
Are you the Creditor?

[cadwallader]

Re: MBNA reconstructing DN

OK, thanks. Will do

[cadwallader]

Re: MBNA reconstructing DN

In asking Hillsden to confirm if they are the creditor (see above) can I use cputr 2008?

[pompeyfaith]

Re: MBNA reconstructing DN



MBNA COMMS LOG ABBREVIATIONS KEY you may find useful to understand what all the info on the comms log mean

[cadwallader]

Re: MBNA reconstructing DN

Thanks

[barclayarua]

Re: MBNA reconstructing DN

Any further news?
I'm in exactly the same position with a reconstructed DN. I have the original + envelope.

BA

[cadwallader]

Re: MBNA reconstructing DN

No, all gone quiet. Hillesden said they were confident the reconstruction was valid and they would rely on it in court. Nothing since.

C

[willtheywontthey]

Re: MBNA reconstructing DN

I SARd mbna to find out if they had a normal cca at beginning of my dispute and got an illegible A+L cca. They also sent my sar to wrong address so I complained to ICO and mbna kindly gave me £300 and some months later I sard again (cannot remember why!) and they again sent some of my info to a.n.other ?.. They again gave me £ 300.

One of my last few communications to mbna was to state cca was illegible. Mbna replied me that as the account had been acquired from another lender (before dispute) and therefore what they sent me was from A+l.

Mbna then stated in last ever letter 'in accordance with widely used record retention guidelines we only hold data for a maximum of six years, so we no longer hold 2003 information'

So how can they provide proper reconstituted cca?

Experto cretinthieving bought the account it seems write in may 2011 stating 'that mbna bank etc are currently unable to produce a copy of the credit agreement for the above account and hence this agreement is currently unenforceable'. Blah still pay us please anyhow blah'.

Hopefully some of that will help. I find the sAr process good fun and enlightening .. It seems to pressurise dcas and freaks them out somehow