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PRA/Broadies Oridinary Cause claim - old MBNA credit card


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Hi,

i took out an mbna card in around 2002 (unsure of exact year)

i was made redundant and ran up debts,

on returning to employment i started to pay them off for many years,

 

however the interest rates kept going up and eventually (aug 2012) i just stopped paying completely,

 

initially i intended to enter into a debt arrangement scheme but mental health issues and anxiety/stress meant i just started to ignore it!

I have ignored this situation for almost 5 years

 

Recently found out that after 5 years its unenforceable.

ive been praying that it would get to that point to relieve this stress

 

Balance is sitting at around £8.5k

I have always had PPI on this card

 

I phoned broadies on receipt of the letter to request a CCA which they said they'd send.

 

I have not received anything,

does anyone have any advice,

 

ive no idea what to do next?

im scared they dont send any on for

because it was done via phone,

 

should i email them?

 

just checked and my first month of not paying was august 2012, last recorded payment was july 2012

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Are you in Scotland?

If so then yes it's SB after 5 years, otherwise its six years.

 

Is it these guys chasing? http://www.brodies.com/legal-services

 

First thing is to STOP discussing financial matters over the phone.

 

What did they send you?

 

You need to send them a CCA request in writing, not verbally.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi, yes I am in scotland,

yes thats the company chasing.

 

I said on the phone i wasn't convinced the debt was mine and could they send a cca

 

they said yes very quickly

im just worried they'll deny the conversation.

 

Can i email the request?

 

they sent me a letter saying PRA had instructed them to contact me and i had until June 2nd to pay otherwise they may start legal proceedings

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Fleecers just like Nolan's

 

Send PRA a CCA request

And stay off that phone!!

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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no don't waste money

you an get free proof of posting at the PO counter

when you get the postal odder

 

 

print the CCA off

pop it in the env

then when you get to the PO get the postal order

pop it in

seal it

hand it back and get free proof of posting.

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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Thank you so much!

 

sorry to keep asking questions,

should i cc brodies?

how will they know ive asked for cca?

 

im worried they commence court action or claim they dont know?

 

I read about a SAR too?

 

should i send one of those to MBNA now?

 

again, many thanks

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I know you are green so i'll fill you in till you take time to read around.

 

a DCA is NOT A BAILIFF

they have NO SUCH LEGAL POWERS

and broadies act for THEIR CLIENT and do as they say

only the OWNER of a debt can instigate court.

 

they [or more correctly the same printer the other PRA threat-o-grams came from]

simple click the differing letterhead to use because you are in Scotland and they use their fake/tame solicitors letter template for this end of the world

 

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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  • 5 weeks later...

I've got a copy of my cca from Brodie's and a statement. Last payment was 18th July 2012 they have asked for a response of my position by 6th July 2017

"

Please see attached the copy of your agreement and the statements of account, as per your request.

 

Now that this has been provided it is important that you provide an update on your position by close of business 6th July 2017, as failure to do so may lead to further action being taken without prior notice.

 

Regards,"

 

Not sure how to attach cca docs

 

Here is my cca

IMG_2107.jpg

IMG_2108.jpg

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upload

but anyway

that's an application form

and where are the relevant T&C's?

 

sb 'd on the 18th july anyway.

 

ps you don't need to pm .we get alerts when you post as you do when we post

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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Sorry im over enthusiastic and panicky!!

 

worried they'll start a court claim on 6th which it won't be statute barred by then?

I didn't send an official cca request just emailed them

Asking for it.

 

 

should I send one on the 5th?

That way they won't be able to issue court proceedings till they've sent it will they?

Which would take me past the 18th?

Btw that was the whole document

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no they have to give 14 notice under Pre action protocols.

 

its will waving stop panicking

 

its better we SEE these letters than you type them up

scan to ONE PDF PLEASE

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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Ha ha ha, excellent, these clowns are more nervous than you, this is why they are sending you rubbish application forms, and hoping you'll cough up!

 

There are no T&C's, it's an application form, means nowt. They're panicking.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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time to get reclaiming from MBNA then!

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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nothing to do with pra its reclaimed from the OC

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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  • 3 months later...

Court letter today from Brodies - freaking out!

 

Phoned them to say it was statute barred and they said default wasn’t served till March 18 (correct) so it’s not

- I said according to Sse last payment was 18th July 2012 so statute barred.

 

They are “looking into it”and will phone me back!

 

Panicking massively

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what do you mean court letter?

bet it doesn't say will anything..

read it properly..

 

you should never ever ring a dca or their dogs!

they are not bailiffs!!!

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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It’s an actual letter from the court I’ll upload!

 

https://www.convert-jpg-to-pdf.net/files/sr6132np0h9ukp0hfnn4ecacf3/convert-jpg-to-pdf.net_2017-10-27_15-21-39.pdf

 

I’ve uploaded it last page first

 

Strugling to upload it,

 

they called me back and are saying as default notice wasnt served until march 2013 thats the default date so i can either agree a settlement or they wiill go to court

 

, I have until 17th November to reply I have Form 05 07 and 03 and a copy of the previous "agreement"

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so you have a simple procedure claim?

 

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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OK easy to do

Don't do anything without asking here FIRST!!

 

It's statute barred so won't go near a court

Let me go off and find a thread exactly the same that's here already that details everything.

 

Wait

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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Sorry I’m clearly a gibberish idiot cause I phoned them,

 

they said their position is it’s from the default date,

he then said “it’s at an early stage, would you be looking to settle?”

 

I said “well no cause I don’t agree with the debt”

 

he said they had details of my debt so had enough information to back to their claim

 

I said “it’s not just the total I don’t agree with, there’s other issues” and said “I’ll just contact the debt advisory service” and left the call. I promise faithfully o will not call them again

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