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    • Hi I was being supplied my ovo after unknowingly being swapped from SSE.  My issues began when we had a smart meter fitted and our bills almost doubled overnight - we at the time assumed we were just paying not enough until then and just continued to pay the excess bills each. Month.    I would from time to time contact ovo and get faced with a call centre on South Africa of the most rude agents who would just hang up after hours of wait and I could not even get an acknowledgement of an issue with my meter.  At one point we were not in the property for like 4 months and the bills were coming just as high!  It was at this point I was sure something is not right and ovo only care to send bailiffs and started threatening us with a pay as you go meter despite me taking out a 3.5k loan to pay of my outstanding balance.  Around 1600 each on both gas and electricity.  This is where its gets really bad -  the very same day they sent me out a new bill saying the money paid already was only to cover up until the November previous and because its now Feb we owe another 1k.   By that August this had risen to over 3k and I still couldn't get anyone to even acknowledge a fault let alone fix it.    In despair I tried to swap suppliers and to my surprise octopus accepted us because even tho the debt is owed we are trying deal with.  During our time with them the bill was coming only on my wife's name as I was responsible for other bills and she this one - now that we owe them 3k they have magically started adding my name as well as my wife's to the same debt to apply double pressure and its showing on my experiwn report now with a question mark and 2700 showing in grey -  This was my wife's debt which we dispute we owe yet the have now sent me letter with both our names on from oriel and past due credit debt agencies - is this illegal and how can I get them to take my. Name of this and leave on wife's name as its so unfair they give us a both a defualt for wife's debt which we dispute anyway.    In the end about 3 weeks ago I wrote an email to their ceo and rishi sunak and low and behold for the first time in our history with ovo someone who spoke English contacted us and said she will look into our claim.    I explained to her that we feel our meter is faulty and despite me contacting them using WhatsApp email and phone I still have not got anyone to acknowledge a fault even. And that I dispute I Owe anything as my son was in hospital for 3 months and we stayed with him so house was empty and still. They were sending us super sized bills more than when we started at home.  She promised to investigate and a few days later replied that she is sorry for the poor customer service and offered us £50 compensation - however she also. Mentioned that she's attached statements for us confirming the payment for 3k I made was only up until Nov and in Feb despite me pay 3.5k nearly it's correct for them to bill. Me. Another £900 the very same day and she did not agree our meter was faulty and therfore the debt stands and she will not be calling it bcak from past due credit.  During my time with my new supplier post ovo, octopus I requested tehy check my. Meters because I felt they were faulty and over charging me and I got excellent response asking me for further details which I supplied and I got a. Response bcak within days to say my meter was indeed faulty and octopus have now remotely repaired it.   I then contacted the energy ombudsman and explained my situation how she at ovo tried to fob me off and demand I apy money we don't feel we owe due to faulty equipment we reported but ovo had to process or mechanism to deal with it or lodge complaint even without having to cc their ceo and our pm. And now I feel sick to think both husband and wife will get a 6  year default for debt which have a validity of a questionable nature.    I explained all this to the energy ombudsman and they accepted my case and I explained to them that my new supplier found my fault which ovo refueed to accept - I've uploaded the email from new supplier to ombudsman showing we had a fault.    My. Question is is there anything I can upload in defence of my case to ombudsman before they decide outcome ina few weeks    All advice greatly appreciated not only would I like advice on how to clear this debt but also how I can pursue ovo for compensation and deterrence for the future.  Thansk 
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Old MBNA Credit Card debt > Aktiv Kapita > PRA > Brodies LLP


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Here's my summarised situation.

I'd like any advice on how I should proceed now.

 

Took out a Credit Card with MBNA in 1999

 

Through their unscrupulous lending,

my own stupidity & intermittent mental health issues,

I ran up a debt that I couldn't pay off

 

I started to have problems meeting my minimum monthly payments in 2010, and requested a temporary interest freeze when it got really bad

(thought this was 2011, but now realise it was probably 2012... further explanation below)

to help me to sort our my finances.

This request was ignored.

 

After several months I stopped paying anything and prioritised other debts.

 

Eventually defaulted in 2012

I started to get harrassed by Aktiv Kapital

Over time have now been chased by PRA, another couple of agents and back to PRA

 

At one stage,

not sure when but probably 2012/13

I requested proof of the debt being owed to Aktiv Kapital/PRA?,

and didn't receive that proof.

 

At the time I downloaded a template letter to send,

but not sure where from,

but it included the sentence about not admitting to the debt.

 

Due to not receiving the proof requested I didn't enter into any communication with any of these companies again.

PRA continued to harrass me.

 

I wouldn't hear from them for months and would then be bombarded with telephone calls as well as letters.

I didn't answer the phone to them or respond to their letters.

 

Over time they have offered a discount on the debt several times

 

In June 2016 they advised by letter that they were considering passing the case to their Scottish Solicitors

 

I received a letter from Brodies LLP in July 2016 stating they had been instructed by PRA to pursue recovery of the debt and threatening court proceedings.

 

I panicked!

I was convinced at the time that it had actually been in 2011 that I had last communicated with the original lender and sent a Statute Barred letter.

 

I heard nothing back and when a couple of months passed with no communication I thought I had heard the last from them.

 

On Saturday I received a letter from Brodies again (6 months later) which included a copy of my original Credit Agreement and copies of the final few months of statements of my account with MBNA showing I made a payment in August 2012.

 

This letter states that

"To avoid this matter being passed to our Court Action Team, you are required to pay the Debt or contact us to discuss a suitable payment arrangement not later than 2 February 2017"

The amount of the debt being chased is £5781.16

 

Are they allowed to only give 4 working days for me to contact them?

 

Are they allowed to come back to me after 6 months of no communication?

 

Am I entitled to request proof of ownership of the debt by PRA?

 

Should I contact them tomorrow?

I am not in a position to pay this amount.

 

Part of me says,

I borrowed the money and should accept that it eventually needs to be paid.

 

However, if there are any loopholes I can use to my advantage then I'd like to try to use them, as for the first time in 20 years I have all my other debts under control and can't believe this has come back to haunt me.

 

I've tried to read as much as possible on other threads, but got really confused by some of the terminology being used, so apologies if I should have been able to find my answers elsewhere.

Edited by missjam
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.....throw the morality card that you had the money so must repay it out the window now.

 

/...if you did owe anything now..., then why did a big mutli national creditor sell the debt on to a debt buyer and write it off and not take you to court and crush you themselves...???.......urm.........

 

all the players you mention are all part of the same 'group'

so sadly you fell for the oldest trick in the book that DCA's pull...

 

you fell for the perceived web that the debt was somehow 'going up a chain'

that was a notion that they painted

you fell for it and responded...mug caught in the headlights...doh!!

 

back to basics....

 

its a 1999 mbna card

they'll almost never get an enforceable agreement nor the right sets of T&C's together

other than raiding their filing cabinet and faking it, from MBNA should you CCA request them...[no WAIT]

that WAS what you got or signed

other than an application form which doesn't contain all the prescribed conditions correctly.

 

so bearing that baseline in mind...

 

did you take this out whilst resident in Scotland

and are you at the SAME address as your take out date?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok thankyou

can you please scan up what they have sent as an agreement & T&C's to ONE multipage PDF

follow the upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

that's got to be the very 1st time we've actually seen the reverse of their postal application form ever..

the T&C's make refs to conditions in the bottom right like see 14.1 etc

they are not on that page

did they send page 3?

 

 

I also notice PPI ticked

i'd expect PPI running from 1999 to wipe any debt out even £5k they are claiming you owe

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

PPI was my first thought too

 

 

having looked at the statements I have I wasn't paying it.

 

 

I found one very old statement from 2002

(I think! will check when I get home this evening) that also didn't have a PPI payment on it,

I assume I cancelled it.

 

 

The job I was in when I applied for this card didn't last long and I became a student a month later so I possibly cancelled it.

There is no page 3 of the application.

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then they are missing an important part of the CCA return then.

 

 

and where the statement of account, did they send one...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

it should have come wit the CCa return as its part of the requirements

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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So at this stage I've now not met their deadline to get in touch. I'm wondering if I ought to be sending something about the CCA being incomplete? Or do I sit tight and wait for their next move?

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you certainly don't invite letter tennis no.

its also not relevant to tell them the CCA return might not be compliant

that's not for you or them to speculate upon

 

that for a Sherriff to do, IF it ever gets that far.

 

the overriding fact here

[but its not unusual mind]

 

is that MBNA sold a very large debt on.

why?

they could have crushed you in court but didn't....urm..

 

but as I said, that's quite typical of MBNA

and seems to be the remit of the American consortium that at the time had purchased MNBA credit card division.

 

its now I think back in the uk and owned by Lloyds I think.....I read.

 

the bottom line is:

 

PRA are only interested in fleecing money out of people

like all DCA's

 

so have seen +£5k here and have put it thru their PC threat-o-gram machine.

 

if any human has actually had a part in this yet is to be discovered..i doubt it.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they have failed to give you an annual statement of account

( should have done this every year since the debt was sold to AK, along with a notice of assignment), j

ust an old card statement from before AK bought the debt so not CCA compliant.

 

 

Debt looks like it will become SB in sep/oct so do nothing for the moment and they will probably let the clock run down too long to actualy take action by the time they do try again and you tell them they have got it wrong.

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lots of ifs but mays might's and instructed there

IMHO ignore too

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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