Eversheds-MBNA- response to CCA cheque bouncing & previous IVA. Help!

[electrica77]

Hi all,

I have received a letter, nicely timed for the bank hol, from Eversheds saying that the cheque I sent with my CCA request has bounced (the bank cancelled it in error, in fact) and that they are not obliged to provide any documentation until they have received it. Is this true? Does it mean that my CCA process has to start again from day one, or are they bulls**tting me? I sent it on March 22nd, so they've taken their sweet time.

They also mention in the letter that i was previously paying the debt through an IVA to them, and to refer to the insolvency practitioner if I have any doubts about the debt. Does the fact that I have previously acknowledged the debt through an IVA invalidate or weaken any case I might have for not paying? ie if they ended up in court could that trump the fact that they couldn't produce documentation?

Also (edit) does anyone know if Eversheds are ACTUALLY a solicitor or are they one of these DCA's with ideas above their station?


I just feel so uncertain about the whole thing now, and am wondering if bankruptcy might be a less stressful resolution? i don't want to do that though.

[Pinky69]

Eversheds specialise in corporate and commercial legal services. You must pay the £1 admin fee when making a request for a copy of the credit agreement so you will need to re-request it. The best way to pay the £1 is by postal order so the DCA have nothing new with your signature - in case they concoct an agreement if they don't have one. Send it by recorded delivery so you have proof they received it. The fact you paid towards the debt before is irrelevant. You are entitled to ask for a copy of the credit agreement any time and if they don't have one the debt is unenforceable and that is a complete defence in law.

[electrica77]

thank you!

I did send it recorded before, and it was my boyfriend's cheque. His bank for some reason decided to cancel 21 of his cheques, we think maybe because they had sent out a new chequebook, but he had about 3 cheques returned, and this was one of them.

after my initial post I did some reading and felt more reassured too. I somehow always feel that I will be the one person the court does something weird to etc.

I will send a new letter out next week, and start counting again.