Just an update on my position. MBNA have moved the debt over to Barclay card (probably sold it no evidence however) so I have sent the three letters (recorded delivery) to the head of barclaycard. I then got a letter from Clear Recoveries & Investigations Ltd so I sent a bill to the head of MBNA and to the head of barclaycard.
I got further corrispondance from Clear Recoveries & Investigations Ltd so I sent this:
============my notice to all parties===================
of FRAUD and In tent to Commit Fraud
Notice to agent is notice to principal, notice to principal is notice to agent
1 Churchill Place
London, E14 5HP
CC: Mr. Ian O’Doherty, Chief Executive Officer, MBNA, Card Services, Thyne Street, Bolton, BL11 1BA
CC: Debt Clear Recoveries & Investigations Ltd, Trinity Court, 16 John Dalton Street, Manchester, M60 8HS
15th February 2012
Re: Account Number: xxxxxxxxxxxxxxx
Dear Ms. Lucy Johnson,
I wrote to you on 30th September 2011 and on12th October 2011 and again on the 21th October 2011 requesting the following documentation, so that I may settle any financial obligation I might lawfully owe:
1. Validation of the debt (the actual accounting);
2. Verification of your claim against me (a sworn affidavit or a hand signed invoice in accordance with Bills of Exchange Act (1882) );
3. A copy of the contract signed by both parties and therefore binding both parties.
You failed to provide the aforementioned documentation to validate the claim within the time given in my last correspondence, which created a lawfully binding tacit agreement, comprising, the following terms:
1. That the debt did not exist in the first place;
2. It has already been paid in full;
3. That any damages I suffer, you will be held culpable;
4. That any negative remarks made to a credit reference agency will be removed;
5. You will no longer pursue this matter any further.
6. You have not proven any debt, if you sell the alleged liability, and/or appoint an agent to act on its/your behalf on this matter you will have broken our agreement and you agree to pay the following fee schedule £13057.20 for dishonouring our agreement, £1000 per hour or part of it of authorised representatives time nunc pro tunc, £1000 per recorded delivery or any other form of response nunc pro tunc also any further contact is now not necessary, if however you deem a need to contact me by phone or letter the fee is £100 per item payable in advance, place the cheque in the envelope, if no payment is made in advance the fee will rise to £1000 per item and you will also be held culpable for any cost incurred while recovering the debt you owe.
May it be duly noted that your letter dated 9th February 2012 sent by your agent ‘Debt Clear Recoveries & Investigations Ltd’ will commit fraud if they sell a dept that does not exist. If they attempt to recruit other parties to extort monies from me they/you will be committing an injury against me. Any negative references on any credit agencies must be removed immediately as they are fraud due to no dept lawfully existing. Any costs incurred, by myself in pursuing the removal of any such negative references, will be payable by you.
By: xxxxxxxx of the family: xxxxxxxx; Authorised Representative
No assured value, No liability. Errors & Omissions Excepted. All Rights Reserved.
WITHOUT PREJUDICE – WITHOUT RECOURSE – NON-ASSUMPSIT
======================end of my notice==================
I am awaiting their reply or not as the case may be.
Now the other day a MBNA complaint slip came through the door asking if I would like to complain about a miss sold PPI I sent it back thinking nothing to loss as they may have lumped it in as part of their miscilanious cost shown on the bill.
I got a reply saying they did not know which account it refered to, I'll keep you posted on the progress.
Love & Unity
p.s feeling much more enpowered than before.