MBNA harassment - Please Help! now sd from capquest

[Huff&Puff]

You must report them to Trading Standards and the OFT for this - notice is being taken of DCAs that use Stat Demands in this manner.

[mickrick]

The letter came direct from Capquest, not HL Legal, and was "signed" by Barry Davies. I have ignored every previous correspondence from them and messed them about something shocking on the phone when they rang. I've never admitted to being who they ask for. I had a feeling when it was just delivered 1st Class that it was just another ploy by them. The fact they threaten bankruptcy and that goods will be taken off me (there are NO bailiffs in NI) was another red light.

 

I will still not be contacting them and I will not be applying to have this set aside.

 

Are there any standard letters/templates on the site for referring to Trading Standards/OFT?

[ScarletPimpernel]

That'll be the same Barry Davies that issued lots of SDs at Worst Cretins, who then found themselves in trouble with the OFT for it; that he can move to Capquest and do the same again shows how these companies will only stop when the OFT takes action - and that will only happen when they are reported.

 

The OFT doesn't accept complaints from consumers, so send a letter clearly stating that you are just reporting the facts.

[ODC]

The rules about serving SDs in Norn Iron are stricter than on the mainland. Barry Davies will end up getting Crapquest into the same mire that he dragged Worst Credit into.

 

Like last years spate of SDs that Barry sent to NI they are all fundementally flawed and would be thrown out of court over here were he foolish enough to pusue them further.

 

A local solicitor looked at them last year and laughed. He really wanted to see Barry bring one to court so as he could wipe the floor with him.

 

I agree with you Mickrick. Ignore them and they will crawl back under their stone.

 

If they tried to make you bankrupt they would have to prove an SD was actually served on you

[42man]

I missed this Mick (apologies) I would certainly get this set aside and claim your costs back in court !!

[ODC]

Slightly different over here 42 man. Due to the Court system its not a practical matter for a Litigant in person. Its a solicitor job over here

[42man]

Thanks for that ODC....I must remember that.....

[ODC]

When the last mass mailing of these worthless SDs was sent out a well known local barrister who happens to be an MP studied them and decided they were fundamentally flawed ;)even if they had been properly served according to NI Law. It looks like Barry will cost his masters quite a lot of money for his stunt:D

[mickrick]

Can anyone assist me in what I have to do to get a Statutory Demand set aside in Northern Ireland? Do the same procedures and forms apply as in the rest of the UK?

[lickthewallfatboy]

I think a visit to a solicitor is in order

 

it seems that UK SD's are so full of holes they would get laughed out of court in NI

[martin g]

ODC seems to be the expert on Northern Ireland, I suggest that you send him a personal message and I am sure that he will point you in the right direction. From previous posts that I have read you will need to see a solicitor.

 

Martin g

[mickrick]

Well it seems MBNA is buying its old debts back off capquest now lol. A couple of months ago, I received another letter from MBNA saying they were still unable to supply a copy of my CCA and while this remains the case they will not take legal action. They went on to say that they are entitled to ask me for payment and I am still obliged to pay.

 

They quoted 2 cases where failure to produce a CCA had been used as an argument in legal cases and this argument had been overruled by judges in favour of the credit card companies. I will post the details of the 2 cases quoted when I get home from work, but I did check these out and MBNA, for once, are being truthful about this, probably because they think it will work in their favour for intimidation purposes. These were both in English courts so they would have no legal standing in Northern Ireland.

 

Needless to say, I ignored that letter as well.

 

I would imagine MBNA will continue to write to me about this periodically, so as not to allow the statute of limitations to kick in. But until they come back with a realistic figure as to what I owe them, without prejudice, they can whistle for it. I don't care if it affects my credit rating, the state this country's in at the minute, I will never apply for credit again anyway.

[minmoo]

Good to see you keeping up the fight mick. I have read on cag quite often that dca's are getting debts more and more on a sale or return basis. Dont know how true this is but it could explain your situation ending back up with mbna. Even the dca's have gotten fed up with being sold lemons it seems

[PGH7447]

they can write as much as they like but if you dont acknowldge or make a payment then the 6 year rule applies anyway

[Bazooka Boo]

And as for the limitations act, no payment or acknowledgement of the alleged debt, and the clock is ticking, just because they are demanding payment, doesn't mean you acknowledge it..

[Bazooka Boo]

I pressed the send button AFTER PGH, but I can assure you, I typed my response out way before PGH did!

[mickrick]

Thanks for the encouragement guys. I'm particularly interested in the statute of limitations details.

 

The cases quoted are McGuffick vs RBS and Carey vs HSBC. I have deliberately posted links to coverage of the cases on consumer lawyers' websites.

[Bazooka Boo]

Yeah they keep on quoting them, somewhat ill informed and misguided attempt at exploiting debtors lack of knowledge, well done MBNA, another nail to add to your coffin, you MUST make a formal complaint about them to the OFT&TS via http://www.consumerdirect.gov.uk/contact

[stunned_monkey]

Yes they do like to quote McGuffick et al. Seems you're in the same positon I was. I had £6800 written off on the strength of this letter, you might like to borrow it (with suitable alteratons obviously!)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272108-Fenton-Cooper-admits-to-not-having-my-CCA&p=3086861&viewfull=1#post3086861

[mickrick]

Well it seems that, between them, MBNA and CapQuest haven't a clue who owns or is managing my debt. Yesterday I got a letter from debt management "specialists" CapQuest threatening to send their "field agents" ResolveCall to my door to serve a "statutory demand for bankruptcy".

 

The letter states "On the a statutory demand for bankruptcy was sent to you, which we have not received a positive contact from." Note that the date it was sent has been omitted, probably because they didn't send me one.

 

Also, they don't have jurisdiction in Northern Ireland. Nor does Glasgow-based ResolveCall, who claim on their website to be "leading edge intelligence gathering for the credit industry" and who's testimonials all come from anonymous sources, such as "Agency Manager, Top Five UK Credit Card Supplier" and "Senior Collections Manager, UK Non-Departmental Public Body ". Lovely. And a desperate attempt at scaring me into making some sort of agreement to pay.

 

Thanks for the template stunned_monkey. Although I'm loathe to send them anything as this will knock the statute of limitations back over a year.

[stunned_monkey]

I've seen other communications on the forum where people write stating very clearly "I acknowledge no debt to your company" at the top.

 

I'd love to see what they say if you demand they explain what a statutory demand for bankruptcy is. You could even threaten them with charges if they fail to respond properly and you have to write to them again (this has worked for others on here).