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Mercantile Data Bureau Ltd old egg debt


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Hello all,

just joined after I googled MDB and a link to this site came up. It has been an interesting read especially about the addresses etc.

 

My letter is addressed to the wrong flat but right road, hence I received it. I tried calling the 0844 number and got an answerphone message from a Mark Davies telling me they were busy...blah...blah so I left them a message with my phone number.

 

The letter is as follows

 

"I have been instructed by Hillesden Securities Ltd (trading as dlc) to contact you about the above unpaid debt... (Egg Card pre 2005)

 

Part of my account management process involves profiling accounts to pass to doorstep specialists who may arrange to visit your home. However, I would rather give you the opportunity to discuss your account with me over the phone.

 

blah blah... I urge you to contact me today to conclude this matter as quickly as possible.

 

Please do not ignore this letter

yours sincerely

Mark Davies

MDB Bureau Administrator

 

 

....... so....... after reading a lot of stuff on this forum I am a little confused as to what to do next.

 

Shall I ask MDB to send me my original credit card agreement?

 

My fear is that if I do pay them any money they are not a kosher firm...

 

Any help would be appreciated :confused:

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Sorry to advise you too late but you shouldn't have called them back and left your details. These types of letters are usually known as "phishing" letters where they try to con you into revealing/confirming your whereabouts etc.

 

Next time you get a letter, scan it, erase your personal details from it and ask for advice.

 

p.s. Debts become "statute barred" after six years of non-payment/contact so you're not far off if you can keep your head down and not acknowledge the debt.

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Pity you left your phone number - Golden Rule - never talk to them on the phone or they will bully you into making a payment. The number on MDB's letter is a divertionary number so you won't know where they are calling from - in fact they will be calling from Brackley, not Banbury, as it has on the address because the Banbury address does not exist. MDB are DLC/ Hillsden under another name and their consumer credit licence was not renewed in November 2008. The OFT are very interested in them so write to the OFT if the letter you received has the Banbury address.

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Very interesting, thank you both for your valued information.

 

The Mark Davies chap (who signed the letter) did ring me this morning and asked me to confirm my DOB, which I declined. I simply said that before I did anything I want him to send me my original credit agreement as it is a lot of money and I didnt want to pay anything until it had all been verified. I also said that I would prefer to do everything in writing as I needed to keep copies of everything.

 

He gave me some spiel about it taking a long time to get this agreement and did I realise how very serious it was and how urgent it was, so I replied that as it was at least 4 years ago, I dont suppose a few more weeks would hurt and I look forward to hearing from him in the near future with my information.

 

Interesting that their credit licence wasnt renewed. Does that mean he has no right to ask me for money?

 

The letter heading says - Freepost. ADM4119 Banbury OX16 4ZY

 

I realise now that it was silly acknowledging I existed, but I have recently been contacted by some debt collectors and as they were smallish amounts I paid them off. I thought that my new address would be registered on my credit reference account... or whatever it is, and it would be pointless denying my existence if they had the proof.

 

I am only in this mess cos my ex-husband left me 4 years ago , with our combined debts on cards in my name (cos I had internet access and he didnt) and we were transferring to 0% all the time. I moved and dumped the whole 10k worth cos I had a breakdown and couldnt cope. When I moved to my new flat last year I got a BT phoneline and then I started getting letters from all these debt people. I couldnt live with the stress of them harassing me so I have set up very nominal payment plans... £1 a month to 2 different agencies for a 3k and a 2.5k debt.

 

Thanks again for replying. I would be interested to hear what you think about them pursuing me if they have no licence.

:-)

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You should request a CCA from all the creditors you are paying (a SAR would be required for any overdraft).to see if they are entitled to collect these debts & if they enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

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Your very first contact with them (when they phone you) may be rather pleasant, they'll build a rapport, friendly inflexion in their voice etc. They are lulling you into a false sense of security to reveal details and possibly make a token payment, ( a quid will do) thus acknowledging the debt and re-setting the statute barred clock. Also decline to 'setup security' (this is to comply with the data protection act).

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Not forgetting if they were to arrange a doorstep visit you can refuse it, in fact under OFT guidelines these should only be made on request by yourself.

 

Then again DCAs like to bend the rules.... if anyone turns up say that you do not want to talk to them, but are willing to deal with this matter in writing. That way they can't pressurise you in person to do anything you dont want, and you have all the peeps on CAG to help you out.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Wow... If only I had found out about this site earlier. Thankyou guys, I feel much better knowing I have all you experts out there... Really

 

I am paying £1 a month to 1st Credit which started 20th Nov 2008 and £1 month to Link Financial Ltd which started in Nov 08 as well. So I should send that letter that Cerbarusalert said above, to request my CCA from both these firms then?

 

What I really wanted was a copy of the statements from the credit cards as well, but I guess that's a bit far fetched. I managed to get my ex-husband to agree to pay half towards the debts in the divorce papers, as long as I can prove that he contributed to them. I can only do that if I can get back statements and it will be either impossible, or a very complex thing to do, especially as there were so many card transfers.

 

But hey! I feel that I can make good progress and hope to get these people tied up in their own mistakes, meaning I wont have to pay them. Would be amazing.

 

Thanks for the advice about the pleasantries. I have had horrid phone calls in the past, before I disappeared for a couple of years... I wont stand for being bullied anymore though. I will tell them I will sue for harassment etc... But, we shall see eh?!

 

Thanks again everyone:D

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That IS the false address - report that to the OFT and the fact that they are using a divertionary phone number for calls. Both are against OFT Guidelines and the CPUTR 2008. Reporting it is very important to get these cowboys stopped in their tracks.

This is the email address for reports to the OFT:

 

[email protected].

 

What you should do is write to MDB and tell them that you require details of their consumer credit licence - the number, date of application and expiry date. Then check with the OFT that the details they have given you are correct. They shouldn't be contacting you at all if they don't have a current consumer credit licence. If they don't, have nothing further to do with them and report the fact that they are trying to collect debts without a licence to the OFT.

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oh Tut, Tut MDB.... Guess there must be huge amounts of money to be made as a debt collector then. Wonder why he is using false address etc... frightened of baseball bats or something...lol

 

Thanks for that Pinky and thanks Cerber for the CSA website.

 

I never knew any of this. I never knew we had rights. Thanks so much x

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The reason he uses MDB and pretends it is another company is so he can try to break the law and the OFT gudelines with impunity. In the normal course of events, a debt is sold to DLC, also part of the parent body, the Faccenda Group. When you tell them what they are pursuing you is unenforceable, it goes to Hillsden Securities, another arm of the group, to put more pressure on. When that fails, it goes to MDB. All this false stuff on the letterheads is to try to make people think it is a totally different DCA from DLC/Hillseden, when in fact it is the same guy, A E Locke (Tony) breaking the CPUTR 2008 and any other consumer law you can think of. It's straight out of Disneyland so that is why it is so important to report this to the OFT - this guy shouldn't have a consumer credit licence.

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  • 2 weeks later...

Hello all,

 

I received another letter from MDB enclosing the CCA I requested via our telephone call. This Mark Davies chap asks me to contact him within the next 7 days to discuss payment options.

 

I attach the CCA he has sent me minus my details which I erased...(on next post cos i am having trouble uploading....lol)

 

Can you tell me if this is enforceable please?

 

Basically guys.... it is help!!! what do I do next. £4k is a hell of a lot of money to a single mum on benefits.... :?

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Can you upload it to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting and then paste the URL back here?

 

Just left click the 'choose' box & it'll ask you where on your 'puter the file you want to upload is, chose where and then left click upload. Then a list of urls will appear, copy & paste the url back here & it should be o.k ;)

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I have just done a search on the CSA website for Mercantile Data Bureau Ltd and it has no members by that name (today). The footer of his letter has a CSA logo on it though.

 

I have also checked MDB out a Companies House and it states the accounts are dormant.... not sure what this means

 

Certainly, I will be asking him for proof of his credit License and to explain exactly who he is working for (I suppose)

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The fact that they have supplied you with this agreement means nothing.

They are still not legally entitled to a penny off you without going through the county court 1st...were all your essential outgoings will have to be taken into account.

So for a single mum on benefits - chances are that will be a £1 per month or nothing at all if you can show there is nothing left over :wink:

As it will cost them money to take you there, its unlikely they will. - just threaten you with this,that & the other.

Once you start preaching your legal rights to them etc...they will soon go away.

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Thanks... I have emailed the OFT today giving them all the details of MDB, their phone number and their letter heading address and asking them where I can find out if they are licensed for credit collections.

 

Thanks to all who have helped me through this maze

 

x

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MDB UPDATE...

REPLY FROM OFT... today (09.03.09)

 

Consumer Credit Act 1974 (CCA) - Licensing

Re: Mercantile Data Bureau Ltd

 

Thank you for your email.

 

According to your enquiry, I would like to confirm that Mercantile Data Bureau Ltd holds a consumer credit licence with number 545676 that covers:

Consumer credit

 

Consumer hire

Credit brokerage

Debt collecting and the right to canvass off trade premises.

 

Their main place of business is at: Buckingham Road, Brackley, Northamptonshire, NN13 7DN and they also have a registered office at: Willow Road, Brackley, Northamptonshire, NN13 7EX.

 

You may also check the records on your own using the public register website that can accessed at:

 

Public Register

 

The Public Register has records of all ex-holders, holders and applicants of Consumer Credit License.

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Soooo.....

 

It looks like my Egg CCA is not enforceable because it does not state a credit amount...

 

MDB have written to me from an address which is not registered and which boldly displays a CSA logo of which they do not seem to be members of....

 

I do not want to court trouble but if I do not have to pay back Egg because their CCA is unenforceable, and MDB are not being honest about their phone numbers and their address... I am wondering what to do next.

 

MDB have given me 7 days from last friday to contact them and arrange a payment plan but I read on another thread that the CCAs from Egg are so dodgy that even debt collectors wont buy them anymore...

 

Can I ignore MDB or should I write to them telling them I wont pay?

 

(too many choices..... not sure what to do)

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