Strange Visitor

[linz2011]

Hi all

 

Hope you are well

 

My mum in law had a number of debts she is a pensioner and could not cope - i redirected all her mail to my address and deal with them as they come through - however today someone knocked on her door said is it Mrs XXX she said yes and they said just wanted to confirm your postal address and left

 

Any ideas what this would be - despicable people ( she is almost 70)

 

Thnaks

[Rooster-UK]

Almosr certainly either a DCA or, more likely, a tracing agency that finds people for DCAs, etc.

[linz2011]

Hi

I did suspect that but don't understand why they would do that I do not ignore any mail and always respond - it seems odd that they would go to that extreme?? surely tracing agents are for people who are ignoring mail etc

[alfwithhair]

DCA's live on another planet to everybody else. Letters mean nothing to them as they have difficulty reading english.

They seen to only be able to communicate via the phone so they can intimidate you in to paying something there and then without ever providing any proof you owe what they claim.

That is there reasoning anyway, we know different.

So the moral of the story is;

Never speak to them on the phone

Never speak to them at the door

Never confirm anything to them

Never acknowledge anything to them

Never pay them anything

Basically never tell them anything

They have no legal powers, they just pray on the mis-imformed.

If you could say a little more about what these debts are, how old they are, what kind of debt, ie, credit cards, loans, overdrafts, ect.

and any steps you have taken regarding their enforceablity, we will be able to advise further.

[Richard Spud]

Quotes from the Daily Hansard Parliamentary Debate regarding Debt Collection and the Consumer Credit Act on 22 April 2009 beginning at column 338.

At column 341 Mr Andrew Mackinlay (Thurrock) (Lab) states:

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” [my emphasis added]

At column 342 The Minister for Trade, Development and Consumer Affairs (Mr. Gareth Thomas) states:

“The OFT would expect the debt collection agency concerned to have checked the accuracy of the client data details that it received from the creditor or agency, and, where possible, to have obtained a copy of the original consumer credit agreement.” [my emphasis added]

See the original Hansard publication on the link below:

House of Commons Hansard Debates for 22 Apr 2009 (pt 0019)

HTH

Regards – Richard.

[linz2011]

Hi Guys thanks for the advise - there are quite a few - I actually think this is Marlin/Arrow on behalf of MBNA now - they are not taking no for an answer even thought the CCA is a sheet of black complete illegible - I will just continue to chip away ............ I just do not want her to have the stress she is not a particularly well woman and surely if she wants her mail delivering elsewhere that is her perogative!!

Thanks again

[miss muppet]

Report this visit to Trading Standards as well, Marlin are a real shower!

[linz2011]

Hi guys just an update for you ....

 

A letter came to her address today saying she has 14 days to contact them or they will be issuing a stat demand - as I said the CCA is completely black can hardly read it - T&C's typed out with account number written on the top - what now??? If this was me I would fight it tooth and nail but I am not sure she can - can I do it on her behalf?

Do i ring them and explain (I know the answer to that) - i just don't know what to do - she still has a 50K mortgage she is on pension credit and they pay the bulk of her mortgage - but the thought of her being homeless ???

Any advise as ever is appreciated

[cerberusalert]

If this was me I would fight it tooth and nail but I am not sure she can - can I do it on her behalf?

Yes you can, she would need to give you written authorization.

 

With regard to the unreadable CCA, send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[linz2011]

thanks for that -

 

Can I go to court on her behalf or at least speak on her behalf?

 

They have sent the agreement but you cannot read it - should I just adapt this letter to suit?

 

Thanks for looking in

[WelshMam2009]

Can you post up the original default notice that MBNA would have issued?

 

Has the debt been sold or are the DCA's acting on behalf of MBNA?

 

MBNA's defaults usually leave a lot to be desired and, more often than not, the debt is sold prior to the remedy date. This might help your case as regards a statutory demand as you can argue that only the arrears is due (at most) due to unlawful rescission and if this is less than £750 then the case should not proceed.

[WelshMam2009]

thanks for that -

 

Can I go to court on her behalf or at least speak on her behalf?

 

They have sent the agreement but you cannot read it - should I just adapt this letter to suit?

 

Thanks for looking in

 

You can attend with her as a McKenzie Friend...take a look here as regards what you can and can't do...

 

Family Law Week: President?s Guidance: McKenzie Friends

[linz2011]

Hi

 

The only default was from Arrow themselves she never recevied one from MBNA?

[linz2011]

Thanks I don't know if she could attend an hearing - it is sooooo unfair that I know I could take this on and win but its not me !!!!!!

[WelshMam2009]

Hi

 

The only default was from Arrow themselves she never recevied one from MBNA?

 

One should have been issued. A SAR may be in order although it's always useful to have the original.

 

Has the debt been sold to Arrow or are they acting as agents for MBNA? Do you have any paperwork for this?

[WelshMam2009]

Thanks I don't know if she could attend an hearing - it is sooooo unfair that I know I could take this on and win but its not me !!!!!!

 

I honestly don't know if there are any special rules regarding this. Perhaps someone with more legal knowledge can comment.

[linz2011]

Hi yes I have kept all the paperwork everything has been coming to my address for her - the debt has been assigned - she received a letter from MBNA giving her four options pay in full, pay so much now and balance over years, early settlement blah blah I ignored that as they had not complied with the CCA request - then she got a letter from Arrow a default notice, then a letter every week offering discounts blah blah - then they sent the agreement which is illegible it is black?

[WelshMam2009]

Hi yes I have kept all the paperwork everything has been coming to my address for her - the debt has been assigned - she received a letter from MBNA giving her four options pay in full, pay so much now and balance over years, early settlement blah blah I ignored that as they had not complied with the CCA request - then she got a letter from Arrow a default notice, then a letter every week offering discounts blah blah - then they sent the agreement which is illegible it is black?

 

You could always right to Arrow asking for proof of the assignment.

 

NoA's should ideally be sent recorded/registered delivery but invariably aren't, so, providing you don't acknowledge receiving the NoA then Arrow will need to prove the debt.

 

I would also ask them if it's an equitable or absolute assignment.

 

My debt has been sold by MBNA but that was after the default notice was issued which is why I'm surprised that you don't have one.

 

Have you done a recent credit check to see if any default is registered with the CRA (from MBNA and not Arrow)?

[babybear39]

The DN is the key, SAR the original cresitor

[linz2011]

Help with letter want to put these points in a well written letter - any takers???

 

 

Thank you for your recent letter which was received today - please note all correspondence should be sent to the address above.

 

I enclose for your reference three letters which were sent recorded delivery. The first letter is dated 11th October 2007 requesting details from the original creditor, the second letter is undated and this is my response to the original creditors reply, the third letter dated 8th January 2008 is to First Revenue Assurance which to date I have NOT received a reply.

 

I think you will find the letter (marked 2) is self explanatory and as such this account remains in dispute.

 

I have also enclosed the OFT guidance for your information and highlighted areas I feel I have been affected by with regards to this account.

 

It should also be noted this account is made up of a number of charges therefore, the balance you claim is owed is incorrect.

 

It should also be noted that bypassing the county court option and issuing a statutory demand is also frowned upon and will be questioned.

[linz2011]

Bump

[42man]

Good letter Linz....they MIGHT be possibly attempting to serve a demand....so please keep a heads up, i'm here to help if you need it....

[linz2011]

Hi

 

Sorry not sure what you mean - I am look for help to write a letter incorporating what i have put in my last thread.

 

Thanks for looking in and any assistance is greatly appreciated as always

[linz2011]

Hi any help compiling a professional looking letter?

 

Thanks

[linz2011]

Hi sorry to be a nuisance but I really want to get this letter off tomorrow so any help or link would be great

thanks sorry for annoying you all