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Debt Collectors letter


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I had a credit card with MBNA back in the 90s I cant remember when I last paid it but I am sure it was pre 99, an old Equifax report I have from Jan 2002 has no record of the MBNA account. I have never made contact with them since this period nor have they contacted me.

 

I have just received a letter from Wescot saying I owe them and MBNA over £5k, requesting payment or they will send a door step collector to see me, they have also contacted my in-laws as that would have been the only telephone for me they would be able to find.

 

What should I do?

 

Your help is much appreciated

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Send this to Wescot by recorded delivery and do not hand sign it...

 

LETTER 'M' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

As for the doostep collection then add this to the letter too....and keep us posted if you hear any more from them...

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely

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If it goes back to around 99 then its statute barred & Wescott havent got a hope in hell of collecting on it.

Dont worry about anyone from them turning up at your home, they rarely do & have as much rights as the local pizza delivery person.

 

Actually you are wrong Mr Ton.

 

 

 

If you order a pizza then the pizzaman has more right to be on your property than a doorstep DCA threat monkey

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  • 4 weeks later...

Hi All,

Since the last post I decided to wait and see what Westcot would do next no collectors have tried to visit and I have not responded to the first letter. Just to recap the debt is pre 1999 so I believe its statute barred. I have received a final warning letter this morning it says.

Despite pervious correspondence a balance still remains outstanding on the above debt.

Unless you make a payment of £5k plus within the next 14 days a Claim Form/Summons may be lodged with Hull County Court or the local Sheriff Court in Scotland and subsequently issued to you for payment of the outstanding balance plus legal expenses amount claimed etc.

My question is what do I do if they issue proceedings and how likely is it they will?

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why get into that stage send the stat barred letter as per 42mans post

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Send the Stat Barred letter by recorded delivery. If they continue to make these empty threats it will be you taking them to Court for breaches of the CPUTR 2008.

 

The letter these Cretins have sent you is a bog standard threatomatic and is actually full of Legal Inaccuracies.

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