Eversheds refusing payment

[howmuchdebt]

Hi,

Now we have encountered another problem with one the dca,this time is Eversheds solicitors who are agents for an original Virgin cc who passed it to MBNA who now are Eversheds,

 

Well we made this months payment through payplan and all was going well until yesterday when I noticed that payment to Eversheds was saying the status was not ok (NO) in the box,i phoned Payplan and they said to phone Eversheds and ask them for the account number to pay this months payment into,OH phoned Eversheds this morning and was told that they will not accept this months or any future paymets and that we have had a letter saying that want full payment.

 

How will that look for Eversheds if they take it to court ,because we dont have the money to pay them its £6,000+ if we had that kind of money we would not be going to through payplan would we?

 

Anyone have any ideas please

[ScarletPimpernel]

Some creditors and DCAs, and especially MBNA, seem to do this quite often - it's often followed by the application of interest and charges again, and/or demands for a higher monthly payment.

 

If Eversheds are acting for MBNA, then by not passing on payments received they are in breach of the OFT Guidance. Communicating directly with the debtor, and bypassing an authorised representative (i.e. Payplan), is also a breach of the guidance.

 

Payplan should be gripping Eversheds for you; you may need to remind them.

 

Try this to Eversheds:

 

Thank you for your letter dated xxxxx, the content of which is noted.

 

You will know that the Office of Fair Trading Guidance on Debt Collection states that failing to pass on payments within a reasonable time is an unfair practice, as is contacting a debtor directly and bypassing an authorised representative.

 

As you know, Payplan are my authorised representatives in this matter; you should therefore contact them directly, copying your letters to me.

 

 

[howmuchdebt]

Some creditors and DCAs, and especially MBNA, seem to do this quite often - it's often followed by the application of interest and charges again, and/or demands for a higher monthly payment.

 

If Eversheds are acting for MBNA, then by not passing on payments received they are in breach of the OFT Guidance. Communicating directly with the debtor, and bypassing an authorised representative (i.e. Payplan), is also a breach of the guidance.

 

Payplan should be gripping Eversheds for you; you may need to remind them.

 

Try this to Eversheds:

 

Thankyou for your reply

Payplan said they are going to contact Eversheds in a weeks time to request the account number so they can continue paying them,Payplan said its just another way of Eversheds wanting more money from us,but Payplan said we cannot afford to pay them anymore and Payplan are going continue paying Eversheds the payment,I am going to email Payplan next Friday again see if they have got anywhere with it,

[mr.ton]

Hi,

Now we have encountered another problem with one the dca,this time is Eversheds solicitors who are agents for an original Virgin cc who passed it to MBNA who now are Eversheds,

 

Well we made this months payment through payplan and all was going well until yesterday when I noticed that payment to Eversheds was saying the status was not ok (NO) in the box,i phoned Payplan and they said to phone Eversheds and ask them for the account number to pay this months payment into,OH phoned Eversheds this morning and was told that they will not accept this months or any future paymets and that we have had a letter saying that want full payment.

How will that look for Eversheds if they take it to court ,because we dont have the money to pay them its £6,000+ if we had that kind of money we would not be going to through payplan would we?

Anyone have any ideas please

 

Hows about them not being paid anything as punishment for their arrogance

[howmuchdebt]

Hows about them not being paid anything as punishment for their arrogance

 

 

We would love to not pay them,but at the moment we have 1st credit up our backsides threatening court action and charging orders ...so we are not going to let either have any advantage over us incase they go to court,by paying them we can say to a judge,"hey ! we paid them and they refused " its got to look good for our side surely

[mr.ton]

We would love to not pay them,but at the moment we have 1st credit up our backsides threatening court action and charging orders ...so we are not going to let either have any advantage over us incase they go to court,by paying them we can say to a judge,"hey ! we paid them and they refused " its got to look good for our side surely

 

Oh well...if you have 1st Credit giving you hastle, then i can assure from personal experience that you have nothing to worry about with them

[howmuchdebt]

wow i take it your at war with 1st credit too then?

 

We just got a letter today telling us they are contacting their client for the CCA ,lets see what happens,i hope this keeps them out of court at least while the account is dispute.

 

If Eversheds start any threats i think they will be getting the same letter too :o

[mr.ton]

wow i take it your at war with 1st credit too then?

 

We just got a letter today telling us they are contacting their client for the CCA ,lets see what happens,i hope this keeps them out of court at least while the account is dispute.

 

If Eversheds start any threats i think they will be getting the same letter too :o

 

Theres not many DCA's i havent been at war with over the past 10 years & not 1 of them has ever got a penny out of me

[howmuchdebt]

Theres not many DCA's i havent been at war with over the past 10 years & not 1 of them has ever got a penny out of me

apparently while OH was on the phone to Eversheds,they said that they want full payment and if they dont get it they will take court action..

 

1st credit threatened us with this ,but that loan is in both our names but they said they are going for a ccj and charging order on our home and will force the sale to get their money back,we have just sent off a letter asking them for a CCA which we posted recorded delivery and enclosed a £1 PO and we just got a letter back saying they will contact their clients and get back to us lol

 

But Eversheds threatening court action against my husband ,well that debt is in his name only so not sure what step they could take against him not sure if charging orders are allowed on if its not joint debt..

 

Also would you advise us to send Eversheds a letter asking for a CCA or wait until we get another letter see what threats they make ?

 

Thanks for you help..

[Timsta]

Always, always, always send a CCA. You'd be amazed how few are actuallt enforceable. Have a look at my recent surprise: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/136568-your-agreement-um-we.html

 

That was for over £3000.

 

I've been waiting a few months for Thames Credit to come back to me on a CCA for over £10,000. Highly unlikely they have that either.

 

Again .... Always, always, always CCA.

[howmuchdebt]

Always, always, always send a CCA. You'd be amazed how few are actuallt enforceable. Have a look at my recent surprise: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/136568-your-agreement-um-we.html

 

That was for over £3000.

 

I've been waiting a few months for Thames Credit to come back to me on a CCA for over £10,000. Highly unlikely they have that either.

 

Again .... Always, always, always CCA.

MY husband has just said that he needs to send a CCA to Eversheds,we will be posting that on Monday along with £1 PO.

 

I have noticed that most of our creditors have passed the debts onto other agencies should we send for CCA on those also even though they are all being paid through dmp,i dont like the thought of stopping payment as keeping payment going is a feather in our caps if they ever take it to court

[Timsta]

If it ever goes to court they would need the agreement, your payments wouldn't even enter into it.

[babybear39]

It's your right to request a CCA at any time to prove a DCAs legal right to collect, and also a statement of account which is free of charge to see if they've added or are adding any nasty little surprises of their own.

[howmuchdebt]

update on Eversheds,

We received a letter today telling us that they are starting court proceedings for a ccj and charging order on our property ,but they have no intention of making us sell ,nice of them .

 

But how can they do this when they wont even give Payplan the account number so we can pay into ?

 

We are sending them a request for the original CCA,see what happens now

[2Grumpy]

If they do start proceedings, make sure that you take control of court proceedings

 

According to threads here, Payplan would admit the debt if you let them

 

You should contest it, even if you were to fail - you would be no worse off but potentially a lot better off!

 

Grumpy

[BeauBrummie]

Hi, Eversheds have to prove you owe the money, then get a CCJ, then if you let them get that far they could apply for a charging order. I would not worry. CCA, if nothing arrives in 12 working days + 2 posting days the account is then in dispute, and you will not have to make payments until they prove it!!!!.

 

Beau

[Cat Woman]

update on Eversheds,

We received a letter today telling us that they are starting court proceedings for a ccj and charging order on our property ,but they have no intention of making us sell ,nice of them .

 

But how can they do this when they wont even give Payplan the account number so we can pay into ?

 

We are sending them a request for the original CCA,see what happens now

 

Well, well - it seems Eversheds have been busy recently as we got exactly the same letter in the post today! The time has now just expired for them to provide us with our CCA and the letter to them is going off tomorrow. Advised them of this last week when they phoned again but as usual they said they were unaware of our request & in any case weren't obliged to send the CCA (if they had it) as they were goverened by the Solicitors Society (I think he meant Law Society). They are acting for Arrow Global for a debt which is 11 years old.

[BeauBrummie]

Catwoman,

 

Not wishing to hijack this thread

 

Why do you have to tell them that they are in default of your request?. They should no this already, IMHO better to wait for 30 more days and let them hang themselves even more. No enforceable CCA is a complete defence to a County Court Claim should they be stupid enough to issue one on a potentially statute barred debt. Again IMHO they are probably just trying to bully you into paying.

 

Beau

[Cat Woman]

Beau,

 

I wanted to write to them just really to rub their noses in it! Eversheds always have an answer to everything - basically I get the feeling they think they are above the law. Was told yesterday that court papers are on their way. I will be asking questions on here when they arrive as I want to defend it as much as poss. One other question - why do the papers apparently have to go back to the creditor (ie. Eversheds) first rather than the Court???

[BeauBrummie]

Hi Catwoman,

 

It would be better if you started your own thread, you can then explain your situation more fully, and and more people will be able to advise.

 

Beau

[howmuchdebt]

Update on Eversheds.

We spoke to payplan today who said we should report Eversheds to the OFT they apparently refused to speak to Payplan on our behalf and also refused payment,so we send in a complaint and also requested a CCA which was sent recorded delivery and i have kept receipts just waiting now,whats the chances of them having the CCA

[howmuchdebt]

received court papers today from these muppets and not happy i think something is dodgy here,how can they threaten with court action and tell us by letter only yesterday the letter was dated 16th April,

it says

 

This is to advise you that we have been insturced to bring a county court lcaim agaist you,this will shortly be served on you by the court.

 

Not given us much chance in my opinion.

 

We sent them a letter asking for a CCA and they got it today,but we also got the court papers too today

 

help what do we do now?

 

Payplan want us to admit to the debt,but we dont want to as they have refused payment and if was not for payplan finding the account number then they would still be refusing,

 

I am not letting these muppets get a ccj and charging order on my house,no way..

 

please anyone we need to move fast :o

[BeauBrummie]

Ok howmuchdebt,

 

Firstly do not panic, you have time to deal with this, and with help from others on the forums you should be able to defend this claim.

 

Your need to look for the issue date of the claim. You have 5 days plus 14 days to enter the "ackowledgment of service" usually form N9.

 

Once that is entered you have a further 14 days to file a defence with the court.

 

The CCA request that you sent is now pointless, as they have taken it to another level. You have the right to request all info that Eversheds have about you, in the form of a request to them under the Civil Procedure Rules. Unless anyone disagrees with me I think that is your route and will form a major part of your defence (they must show their hand).

 

For the benefit of the legal chaps on here, it would also be usefull if you posted the "particulars of claim" leaving out any personal info of course.

 

As i have posted before you are a long way from having a charging placed against you so try not to worry.

 

Beau

[Hopeful1]

Hi HMD.

 

I am just being dragged through the court process myself.

 

Have a look at this thread by Tomterm8. You will find a template for the Civil Procedures Rule (CPR) info request. Send it off ASAP by SPECIAL DELIVERY. It is in your favour that they have not responded to your CCA request. Keep all your previous correspondence and receipts.

 

Can i ask, were any charges added to this account?

 

When you acknowledge your claim you can say you are going to defend in full as they have not provided an agreement. Just be sure to acknowledge within the time limits.

 

As Beau has said, if you can post up your Particulars of Claim (POC), that will help with further advice from the those in the legal know

[BeauBrummie]

Hi Hopeful1,

 

Just beat me to the tomterm thread !!!!

 

Beau