Electrica77 re: Eversheds (Max Recovery)- mystery debts & MBNA

[electrica77]

Well this is really two separate enquiries:

1) after the failure of my IVA, Eversheds are saying they are chasing me on behalf of their 'client' (who appears to reside at their address and share a solicitor with them) Max Recovery, who bought my debt from MBNA for £4573.

I want to issue a CCA but haven't seen any Eversheds/Max Recovery threads and wondered if anyone had any general advice or knew about their track record etc.

A large part of that debt was added in charges and interest, this was due to an error on MBNA's part after which they would not accept reduced payments from me. At some point before my IVA they wrote and said they would accept a vastly reduced sum in final settlement but I refused at the time. If I am forced to cough up after the CCA req, can I ask for this again? can I get the balance reduced by the amount of charges? Can I chase for charges to be paid back if the debt proves unenforceable? I ahve no symapthy for them, they crippled me.

2) On looking at my up to date credit record, I see that Max Recovery have also registered a default against my name for a sum of around £5000- I genuinely have no idea what this is, as I have been through all my records and nothing fits. Suspiciously, a sum of around £1300 outstanding against an old Debenhams card has vanished altogether from my record, and I am wondering if they could really have added £4000 in charges over the last year??!

Otherwise I think it must be a case of assigning a debt to the wrong person. They are not currently chasing thsi debt, so I am wary of poking the hornets nest, but I also do not want something that isn't mine, on my record. What should I do? Presumably a CCA isn't appropriate, so I'm not sure what sort of enquiry to make. I did notice an alias on my credit record that I have never used- My first name against my mother's maiden name, but her name was Jones, so I'm not taking that as overly significant. Could this be related?

All help gratefully received

[Curlyben]

Rather than a CCA how about a simple "prove It" as an opener.

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

[electrica77]

*bump*