Help & Advice required

[coffeesupper]

:idea:

Pulled my head out the sand and just joined, spent time reading threads etc....hope i have posted in the correct place, and hope someone can guide me through the mess i am in.

 

Have other card/debts too, but got into financial 'doo doo' with a virgin C card, however it is obviously MBNA who funded it, that's who's been leaving threatening phone calls and sending those pink letters to me!!

 

I sent a letter (recorded) mid feb 08, no £10 payment included, requesting my statements, as a lot of debt is charges i know, and possible PPI, prob not even a correct agreement. They received and signed for my letter 18th feb. Just over a week later i received a letter dated 18th feb. Telling me my outstanding balance has now been sold to Equidebt Ltd-Equ, gives me equidebts contact details, phone.... tells me all enquires now regarding this account, including accurate balance information together with any future payments should be made directly to equidebt.

Signed by Mike Morrison.

 

Then late last week received letter from Equidebt, dated 27th feb, giving me formal notification that on 20th feb my MBNA account was assigned to them and they are now the legal owners (that mean they bought it?)

I must not make any further contact or payments to MBNA and to cancel any DD etc i may have set up with immediate effect.

 

They have given my 5 different ways to pay (that's nice!) and told me to contact them in the next 5 days to discuss repayment.

 

Apologies for the long post but needed to get it all down, i need my details & statements as i think it may well be unenforceable (i applied on-line in Jan 2006).

 

I smell a rat already because of the dates, i think MBNA sold out on me because they knew i was onto something with my request, i have proof when they signed for my letter 18th, but equidebt say's they bought it on 20th Feb what do you think? what should i do next????

 

Please help if you can, thay have made my life a complete misery (not unique) it appears with this low life company, i wanna kick butt!!

 

Thanks, hope it hasn't bored you!!

[steven4064]

Firstly, cancel all payments to MBNA as tehy say.

 

MBNA are still rsponsible for sending statements from before the sale. So sendd them a proper S.A.R - (Subject Access Request) (ie quoting s7 of the DAta Protection Act 1998 ) with the £10. Don't specify just statements - tell them you want a copy of all information of which you are the subject (including statements).

 

Next send Equidebt a request under s78(1) of the Consumer Credit act 1974 for a copy of the executed agreement for the 'alleged debt'. Send them £1.

 

Equidebt have 12+2 days to comply with this request. If they don't comply in that time you may find this thread interesting/amusing/compelling

[coffeesupper]

Steven, i have another ?

I don't have a cheque book, will i be able to do postal order for the £10 and £1?? Thanks!

[coffeesupper]

Ok, have posted SAR off to MBNA and made the other request to Equidebt, used postal orders as decided if i was paying money off accounts i'm pretty sure they'd accept a postal order, i think MBNA would accept blood!!

 

done registered post, now the waiting game, will keep posting on here with any news!

[coffeesupper]

I'm chatting to myself now lol, anyway came across something interesting, my account numb is different on a lot of letters from MBNA, and also Equidebt has a slightly different account number on letter, i only have the 1 debt (with them!) so what does that mean??

 

thankyou!

[steven4064]

Steven, i have another ?

I don't have a cheque book, will i be able to do postal order for the £10 and £1?? Thanks!

In fact postal orders are better as they don'ty have your signature on. I should have said, don't sign the CCA request letter - just print your name.

I'm chatting to myself now lol, anyway came across something interesting, my account numb is different on a lot of letters from MBNA, and also Equidebt has a slightly different account number on letter, i only have the 1 debt (with them!) so what does that mean??

THat they are incompetant?

 

It will be interesting to see what numbers are on the stuff you get from your 2 requests.

[coffeesupper]

Thanks, I didn't put sig on letters:) I am learning from reading threads on here!! Feels great, like an army on your side!

 

Is is 40 days (SAR) after they signed for letter, and 14 days for the CCA when they signed for it?

[steven4064]

For SAR - 40 days from when they signed for the letter or when it was deemed to be recieved (2 days after posting first class)

 

For CCA -12 days from when they signed for the letter or when it was deemed to be recieved (2 days after posting first class)

[coffeesupper]

Thanks!

 

Just checked MBNA signed for thier little letter off me!!

 

Countdown has begun!!

[coffeesupper]

Equidebt signed for thier's today, so counting down started for them too!

[coffeesupper]

Well, as above Equidebt signed for thier CCa on 4th March.

Just received letter off them dated 5th March as follows:

 

Creditor -Equidebt Ltd

Previous creditor - MBNA Europe bank Ltd

account - blah blah blah

Balance - blah blah blah

reference - blah blah blah

DEFAULT NOTICE IMPORTANT PLEASE READ

This notice served under the terms of the consumer credit act 1974.

according to our records you have defaulted on the following payment(s) which are detailed below:

 

Current arrears amount:£**** Date due for payment : 19th March 2008

 

Important i call blah blah........I have 14 days from this default Notice to clear the full outstanding arrears to prevent a default being recorded against my credit file.

 

Sorry to go on, can't scan letter so wanted to include it all (including the caps) i wasn't shouting!

So are they playing dirty now they've received my CCA request, and i don't get the arrears amount they say i defaulted on as it says they are due 19th march??????

 

Look forward to some opinions on this one???????????Thanks.

[coffeesupper]

Do you think Equidebt are just trying to scare me??

 

Recently had a call, number retained asking for the home owner, very abrupt and slammed phone down when i said it was a rented place, i think someone's checking me out??

[coffeesupper]

Any advice for 11 & 12 above?

[steven4064]

i think you just have to wait until the 12 days are up and see what Equidebt come up with. You could always write back tomorrow and remind tham of their obligations and that, if they don't come up with a valid CCA, then the default notice is unlawful. (contrary to s78(6) of the CCA 1974)

[coffeesupper]

Thankyou!

[coffeesupper]

MBNA sent me this today dated 05th March:

 

Thankyou for contacting us. Your subject access request has been passed to me to respond to.

 

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please find this information enclosed.

 

We have provided this information to you free of charge on this occasion.

 

signed Rachel Claridge, Assistant Vice president

 

Well all i have is a sheet of paper, my surname and account numb, they have just printed the late fee charges a few at £25. before it had to be reduced to £12, totals £242, in charges. Shows a few adjustments where they charged me, and no doubt under duress and being hassled i have paid so they show has being credited back.

 

So what next, they haven't returned my £10 postal order, this seems to be a crap excuse for a full list of statements etc............is this normal?

Whats my next move?

Thanks for any advice you can give me.

[coffeesupper]

Just bumping this, i don't know what to do next, it's not a statement by any stretch of the imagination i need to know if they had me paying for PPI as i suspect i was.

Thankyou!

[citizenB]

It is a real pity you arent able to scan the documents in, especially the default notice. Are you able to take a credible photograph of the paperwork and upload them for people to see.

 

You mentioned above that there were 2 numbers being used. MBNA use the 16 digit number which is across the card and they also issue an account number which is totally different which can be used when contacting them .

 

From what I understand, they are not allowed to default you or chase you for payment until they provide the proper documents you require.

 

Hopefully one of the people 'in the know' will be along shortly to help you. xx

[citizenB]

MBNA sent me this today dated 05th March:

 

Thankyou for contacting us. Your subject access request has been passed to me to respond to.

 

Under section 7 of the Data Protection Act 1998 as per your request for statement information, please find this information enclosed.

 

We have provided this information to you free of charge on this occasion.

 

signed Rachel Claridge, Assistant Vice president

 

Well all i have is a sheet of paper, my surname and account numb, they have just printed the late fee charges a few at £25. before it had to be reduced to £12, totals £242, in charges. Shows a few adjustments where they charged me, and no doubt under duress and being hassled i have paid so they show has being credited back.

 

So what next, they haven't returned my £10 postal order, this seems to be a crap excuse for a full list of statements etc............is this normal?

Whats my next move?

Thanks for any advice you can give me.

 

If they havent returned your postal order then they havent provided the information free of charge and you want what you asked for. Are you able to tell if they have taken it off what they alledge you owe them ?.

[coffeesupper]

Hi, sorry for the delay (housework!!)

erm no way of knowing, they just gave me a printed A4 sheet with the dates/amounts they charged me, that's all. The debt was sold as soon as i started asking questions, which is why i think it's a duff non enforceable account? should i write another S.A.R telling them to use postal order they already have?

[citizenB]

Coffeesupper.. I am bumping your thread. Someone in the know will pick up on it soon I should think

[steven4064]

Hi, sorry for the delay (housework!!)

erm no way of knowing, they just gave me a printed A4 sheet with the dates/amounts they charged me, that's all. The debt was sold as soon as i started asking questions, which is why i think it's a duff non enforceable account? should i write another S.A.R telling them to use postal order they already have?

You could send the DPA non-compliance letter from the templates library

[Blossomandebony]

Hi, Coffeesupper,

 

The default notice that you have been sent is not legal because it contains charges. Your statement from MBNA proves the charges so also proves the default notice is not legal. This is definitely in your favour because a properly executed default notice has to be sent before legal proceedings can commence.

 

As for the agreement, it's looking good for you, in that they haven't produced anything so far that can be enforced by a court. If MBNA know the agreement is unenforceable, they wil drop it like a stone, to any bottom - feeding DCA that comes along, in this case 'Equidebt'.

 

Stick to your guns and don't let them intimidate you - YOU ARE IN THE RIGHT, not them!

 

BAE

[citizenB]

You are very welcome. Thank you

[coffeesupper]

Hello,

Just got in post waiting for me from Equidebt with regards to CCA :

 

Confirming my letter and £1 payment.

 

'' A request has been placed with our vendor for a copy of the Consumer Credit Act document'' the account has now been placed on hold until this matter has been resolved, no further collection activity will occur untill this matter is resolved.

So they have bought the debt without all the details it seems ( typical from reading various threads on here!), do they still have 12+2 days from my request to come up with a valid credit agreement?

 

Thanks for any answers;)