me & the OH's debt

[avatari]

guys, have you taken this anywhere?

[The Mould]

Hello there to you guys,

 

I have just read your post, are you having any luck?

 

Do you still need some help or advice?

 

If so, reply back whenever you can, and I will see if there is anything that I could help you with.

 

The Mould

[alternative-answer]

I was defaulted by MBNA last July whilst the agreement was in dispute, they sold the debt to Direct Legal and Collections or Hillesden Securities. They wrote to me last August stating that they had purchased the debt and would start colllections proceedings. They have not started any proceedings, they do not write or telephone me in relation to the debt. They do however continue to report to Experian and Equifax as if they have a contract with me. I have never entered into an agreement or contract with them, have never discussed anything with them in relation to paying them. I want to put an end to this once and for all and would really appreciate any advice on how to finally draw a line under this.

[The Mould]

I was defaulted by MBNA last July whilst the agreement was in dispute, they sold the debt to Direct Legal and Collections or Hillesden Securities. They wrote to me last August stating that they had purchased the debt and would start colllections proceedings. They have not started any proceedings, they do not write or telephone me in relation to the debt. They do however continue to report to Experian and Equifax as if they have a contract with me. I have never entered into an agreement or contract with them, have never discussed anything with them in relation to paying them. I want to put an end to this once and for all and would really appreciate any advice on how to finally draw a line under this.

 

Hello there alternative - answer;2827361,

 

What happened with MBNA, why were they unable or unwilling to resolve your dispute?

 

In the first instance write to Experian and Equifax and inform both of them to remove the unlawful default, and to cease accepting any further communications from Direct Legal and Collections or Hillesden Securities on your credit file, because for them to do so, is an act, considered by the courts to be unlawful, the information being held by them relating to your personal data regarding this alledged Debt owed by you and due under a contract to the DCA'S is untrue.

 

state to both Credit reference agencies that if they do not comply with your respectful request with in the next fourteen (14) days, then you will take legal action against them under the Data Protection Act and obtain a court order that will legally enforce them to rectify the personal data that they hold on file relating to you.

 

I would then advise you to write to the DCA'S concerned with a "Subject Access Request" notice (DPA) enclose the £10 fee, state to the DCA that you require them to provide you with a true (Identical) carbon copy of the credit agrement and all and any other personal data held by them that relates directly to you. Send your "Subject Access Request" to the DCA'S compliance manager.

 

Thirdly, (I am very sorry about all this paperwork) write to the original creditor (MBNA), sending your communication to the Company Secretary, state clearly the situation regarding the time when you were in dispute with your account them and the reason for the dispute, the unlawful default and the unlawful processing of your personal data to the DCA'S, state to MBNA that you hold them responsible and liable for the untrue information that the DCA'S are communicating to the credit reference agencies.

 

State to MBNA, that for them to default you at a time of a genuine dispute and to then sell the account debt to a third party without ever giving any notice to you is absolutely unlawful, state that you respectfully request that MBNA make contact with the third party (DCA) and purchase the debt back from them and then open up a direct channel of communications with you in order for MBNA to resolve this dreadful matter in the honourable and rightful way that they should of undertaken with you in July.

 

Provide MBNA with a twenty one (21) day time scale to action the above.

 

State to the Company Secretary that you are following pre action protocols and that if they do not make any effort to bring about a satisfactory resolution, then you will forward a formal Letter Before Action

providing them with a further fourteen (14) days to resolve this matter before commencing the legal action.

 

I know this is a lot of paper work for you, and no doubt you have probably wrote quite a few letters to all those concerend, but you must write a few more I 'm afraid good friend, ensure that your letters are strong and firm, clear and concise and polite and respectful at all times, don't listen to that nonsense that you should keep your letters short, (Less is more).

 

Even if your letters end up 30 or 40 pages long (Because of all the details) then still send them, always state the words "Without Prejudice" on your letters and always state that you will only accept correspondence in writing only.

 

By the way, also state to the DCA'S (Again in writing) that you dispute this debt and that you expect them to comply with the Office of Fair Trading and their debt collection guidelines while you are communicating with the OC MBNA.

 

I must say that I would absolutely insist that MBNA purchase back this debt and resolve the matter directly.

 

I hope this will help your situation, if it does not, then please do not hesitate to let me know (Perhaps you have tried all of these avenues already).

 

Well, good luck, please up-date

 

The Mould

[The Mould]

Merc finance continues to process my data even though I have ended the contract with them.

 

Anyone help with the particulars of claim to stop them doing all this???

 

Hello emanevs,

 

I might be a little to late (But hopefully, I'm not) as I have only just read your post, do you still require any assistance regarding "Particulars of Claim" N1 form?

 

Please up-date

 

Many Thanks

 

The Mould

[emanevs]

Hello the mould,

 

Used all of the templates, no luck whatsoever.

 

I want to take them all to court now, even served them all with the statutory notice - ignored totally by all these organisations, including the three credit ref agencies.

 

Any help on the particulars of claims, including how much this would cost would be really helpful.

 

Also, if I had say, 20 creditors all non complying can I include them all on one claim?, or would it have to be 20 claims???

 

many thanks,

[The Mould]

Hello the mould,

 

Used all of the templates, no luck whatsoever.

 

I want to take them all to court now, even served them all with the statutory notice - ignored totally by all these organisations, including the three credit ref agencies.

 

Any help on the particulars of claims, including how much this would cost would be really helpful.

 

Also, if I had say, 20 creditors all non complying can I include them all on one claim?, or would it have to be 20 claims???

 

many thanks,

 

Hello again emaneve,

 

You say that you have 17 Defaults on your credit files, are they all unlawful Defaults?

 

When you say "20 creditors all non complying", precisely what is the Non-compliance conduct of them?

 

You also state that all of these organizations have ignored your statutory notifications, were these notifications sent to them under the Data Protection Act?

 

Please accept my apologies in advance for all of these questions.

 

Have you used only template letters, and did you send any of your letters to the Company Secretary of any of these organizations?

 

You have probably been over this again and again, please bear with me,

 

Firstly, I really do need to know whether the Defaults are unlawful or not and whether or not if you are in any contract or relationship with any of the organizations concerened.

 

With the 20 creditors, are they all linked together in some form of arrangement or are they all seperate to each other?

 

How long has this situation been going on for, and exactly what pre action protocols have you complied with?

 

As far as how much is this legal action going to cost you, its difficult to say at the present (Simply because I need more details/facts from you).

 

I will most definately assist you where I can, and hopefully I will be able to provide you with a letter that will grab their attention and produce the required response from them in order to bring about a satifactory conclusion to this matter for you.

 

Well, I shall look out for your reply and take it from there.

 

Kind Regards

 

The Mould

[emanevs]

where its complicated is that I entered an iva, then subsequent BR.

 

Cahoot has acknowledged that there is no need to register a default where the debt has been included in an IVA.

 

However, they (Cahoot) including all of my old creditors refuse to remove the defaults.

 

I never received all of these defaults, because of my IVA.

 

Whats worse, is that even now, some TWO YEARS AFTER BR, they are all still saying that I owe them thousands!!!!

 

This is causing me no end of problems and I have had enough of it.

 

I dont want all of this on my credit file indefinately, yet it appears that they can and are keeping it all on my file.

 

Experian has written to me, to confirm that they CANNOT REMOVE THESE DEFAULTS AND CORRECT THE INFORMATION ON ME WITHOUT THESE ORGANISATIONS AUTHORISATION??? :eek:

[The Mould]

where its complicated is that I entered an iva, then subsequent BR.

 

Cahoot has acknowledged that there is no need to register a default where the debt has been included in an IVA.

 

However, they (Cahoot) including all of my old creditors refuse to remove the defaults.

 

I never received all of these defaults, because of my IVA.

 

Whats worse, is that even now, some TWO YEARS AFTER BR, they are all still saying that I owe them thousands!!!!

 

This is causing me no end of problems and I have had enough of it.

 

I dont want all of this on my credit file indefinately, yet it appears that they can and are keeping it all on my file.

 

Experian has written to me, to confirm that they CANNOT REMOVE THESE DEFAULTS AND CORRECT THE INFORMATION ON ME WITHOUT THESE ORGANISATIONS AUTHORISATION??? :eek:

 

Hello emanevs,

 

Yes I see what you are saying about it being complicated.

 

Did you ever receive a DEFAULT NOTICE from any of your creditors?

 

When you bacame BANKRUPT did any of your creditors receive any payment to the debt you owed?

 

I am again sorry about the questions, I need to look into this situation for you, so I'm am going to do a bit more research on your case and then I will get back to you later on this evening, probably after 9 o' clock .

 

I will check back in later.

 

Kind Regards

 

The Mould

[emanevs]

Hello emanevs,

 

Yes I see what you are saying about it being complicated.

 

Did you ever receive a DEFAULT NOTICE from any of your creditors?

NO

When you bacame BANKRUPT did any of your creditors receive any payment to the debt you owed?

YES

I am again sorry about the questions, I need to look into this situation for you, so I'm am going to do a bit more research on your case and then I will get back to you later on this evening, probably after 9 o' clock .

 

I will check back in later.

 

Kind Regards

 

The Mould

 

MANY THANKS,

[alternative-answer]

Hello there alternative - answer;2827361,

 

What happened with MBNA, why were they unable or unwilling to resolve your dispute?

 

In the first instance write to Experian and Equifax and inform both of them to remove the unlawful default, and to cease accepting any further communications from Direct Legal and Collections or Hillesden Securities on your credit file, because for them to do so, is an act, considered by the courts to be unlawful, the information being held by them relating to your personal data regarding this alledged Debt owed by you and due under a contract to the DCA'S is untrue.

 

state to both Credit reference agencies that if they do not comply with your respectful request with in the next fourteen (14) days, then you will take legal action against them under the Data Protection Act and obtain a court order that will legally enforce them to rectify the personal data that they hold on file relating to you.

 

I would then advise you to write to the DCA'S concerned with a "Subject Access Request" notice (DPA) enclose the £10 fee, state to the DCA that you require them to provide you with a true (Identical) carbon copy of the credit agrement and all and any other personal data held by them that relates directly to you. Send your "Subject Access Request" to the DCA'S compliance manager.

 

Thirdly, (I am very sorry about all this paperwork) write to the original creditor (MBNA), sending your communication to the Company Secretary, state clearly the situation regarding the time when you were in dispute with your account them and the reason for the dispute, the unlawful default and the unlawful processing of your personal data to the DCA'S, state to MBNA that you hold them responsible and liable for the untrue information that the DCA'S are communicating to the credit reference agencies.

 

State to MBNA, that for them to default you at a time of a genuine dispute and to then sell the account debt to a third party without ever giving any notice to you is absolutely unlawful, state that you respectfully request that MBNA make contact with the third party (DCA) and purchase the debt back from them and then open up a direct channel of communications with you in order for MBNA to resolve this dreadful matter in the honourable and rightful way that they should of undertaken with you in July.

 

Provide MBNA with a twenty one (21) day time scale to action the above.

 

State to the Company Secretary that you are following pre action protocols and that if they do not make any effort to bring about a satisfactory resolution, then you will forward a formal Letter Before Action

providing them with a further fourteen (14) days to resolve this matter before commencing the legal action.

 

I know this is a lot of paper work for you, and no doubt you have probably wrote quite a few letters to all those concerend, but you must write a few more I 'm afraid good friend, ensure that your letters are strong and firm, clear and concise and polite and respectful at all times, don't listen to that nonsense that you should keep your letters short, (Less is more).

 

Even if your letters end up 30 or 40 pages long (Because of all the details) then still send them, always state the words "Without Prejudice" on your letters and always state that you will only accept correspondence in writing only.

 

By the way, also state to the DCA'S (Again in writing) that you dispute this debt and that you expect them to comply with the Office of Fair Trading and their debt collection guidelines while you are communicating with the OC MBNA.

 

I must say that I would absolutely insist that MBNA purchase back this debt and resolve the matter directly.

 

I hope this will help your situation, if it does not, then please do not hesitate to let me know (Perhaps you have tried all of these avenues already).

 

Well, good luck, please up-date

 

The Mould

I was/am using a claims firm which originally obtained my credit agreement and audited it and found breaches in the prescibed terms. MBNA complied with a subject access request and considered that they had complied at point but believed the agreement was enforcebale. I had stopped paying on the agreement whilst in dispute, but MBNA still went ahead and defaulted me and sold the debt to Hillesden Securities. MBNA did not resolve the dispute although they considered it enforcable they did not pursue collections.

[The Mould]

MANY THANKS,

 

Good evening emanevs,

 

What was the filing date of your bankruptcy?

 

Chapter 7 & 11 are not deleted from the filing date for 10yrs because there is no repayment of any debt.

 

Chapter 13 bankruptcy is deleted 7yrs from the filing date because a portion of the debt is repaid under the discharge plan.

 

 

So, leading up to your bankruptcy, you were unable to meet your normal monthly payments to your creditor accounts, and so you defaulted on the contract, you say that none of your creditors sent you a default notice, you were then declaring bankruptcy and arrangements were being made to pay some of the debt to your creditors.

 

As no default notice was ever serverd, the defaults can be removed from your credit files.

 

You should send a formal Letter Before Action to the Company Secretary of all three Credit Reference Agencies, Call Credit, Experian and Equifax, and state to them that the personal data that they hold on record relating to you is untrue, and the holding of such untrue data is considered by the courts to be unlawful.

 

State to the CRA'S (Company Secretary only) that there is no contract or relationship between you and the Creditors/DCA'S that are continuing to make entries on your Credit file.

 

State that they have fourteen (14) days in which to comply with your respectful and factual request, and that if there is no positive and satisfactory response from them to your communication, then you will make an application to the courts for a court order against them that will legally enforce them to up date your credit files to show accurate, rellevant and up to date data in relation to your personal information.

 

Your letter, start it off like this:

 

STRICTLY PRIVATE & CONFIDENTIAL

 

FOR THE PERSONAL ATTENTION OF

 

MR whoever Your name

Company Secretary Your address

Credit Agency

Blah etc Without Prejudice

 

FORMAL LETTER BEFORE LEGAL ACTION

FOURTEEN (14) DAY TIME SCALE FOR RESPONSE

NO FURTHER NOTICE WILL BE SERVED

REFERENCE: CORPORATE RESPONSIBILITY, CORPORATE LIABILITY

 

SUBJECT: THE DATA PROTECTION ACT

 

 

Dear Mr so and so,

 

State the facts.

 

 

Have all of your creditors been paid off now, or what is the arrangement?

I will come back to you later on (Tonight) about these defaults.

 

 

If you think or feel that I'm not helping or perhaps not helping at all please do not hesitate to say so, I won't be offended.

 

I think I need to know more about these defaults, the time of them defaulting you.

 

Well I hope this will help you and I am still researching your situation.

 

Kind Regards

 

The Mould

[The Mould]

MANY THANKS,

 

OK emanevs,

 

I believe this is what you have been looking for:

 

 

DEFAULT NOTICE:

 

All credit applications (Eg personal loans, credit cards or store cards) opened in the United Kingdom are regulated by the Consumer Credit Act 2006. This piece of legislation requires that creditors must issue a Default Notice to any customer who has fallen behind with payments to their account, before legal action can be pursued to recover the monies owed.

 

 

INFORMATION REQUIRED ON A DEFAULT NOTICE:

The following information is required on a default notice-

 

1. Name and address of both the creditor and the borrower.

2. Agreement type and the agreement breach details.

3. Settlement figure (Fixed sums only)

4. The action required by the borrower to remedy the situation and comply with the agreement.

5. Intended action of the creditor should the borrower fail to comply with the agreement.

 

Your creditors have not complied with legislation under the Consumer Credit Act 2006 [2006 chapter 14], therefore, the Defaults are ilegal, as is the processing of your personal data to Credit Reference Agencies, the processing of your personal data is, without question, absolutely unlawful.

 

Check out the PRINCIPLES No's ONE (1) TO SEVEN (7) AS STATED IN SCHEDULE 1 PART 1 OF THE DATA PROTECTION ACT.

FURTHERMORE, LOOK UP THE CONSUMER CREDIT ACT 2006 CHAPTER 14. It will assist you.

You will find that you now have enough ammunition to rid yourself of these pebbles in your shoes, and with just a little effort, your path will become smoothe and comfortable.

 

 

Compensation,

 

Defaults = £1,000.00 per default

 

Contraventions of the DPA= £1,000.00 per contravention by the data controller.

 

 

New limits comming in next month (April) of substantial fines to any data controller (UP to £500,000.00, half a million pounds) for serious breaches/contraventions of the Data Protection Act.

 

 

Legal action (Top of this post) in your case by the creditors, includes a legal right to process/disclose your personal information/data.

 

 

Give them all your volcanic power and send them into meltdown, obviously ensure that your letters do this in the most respectful and politest way possible, and as always, state "Without Prejudice" on your letters.

 

Destroy and enjoy.

 

I do so really hope this will help you.

 

Kind Regards

 

The Mould

[The Mould]

I was/am using a claims firm which originally obtained my credit agreement and audited it and found breaches in the prescibed terms. MBNA complied with a subject access request and considered that they had complied at point but believed the agreement was enforcebale. I had stopped paying on the agreement whilst in dispute, but MBNA still went ahead and defaulted me and sold the debt to Hillesden Securities. MBNA did not resolve the dispute although they considered it enforcable they did not pursue collections.

 

 

Hello and good morning alternative-answer,

 

Sorry I'm getting back to you so late, If MBNA believed the contract to be enforceable, then they would of maintained ownership of the debt and instructed the DCA'S to act for them.

 

It seems to me, from your post, that MBNA knew the contract was unenforceable and so sold it to the DCA'S knowing that if it should go legal then the DCA would have to take the fall for it.

 

Write to the DCA and inform them that MBNA knew that they were selling an unenforceable agreement, state to the DCA to take it up with MBNA, and if they continue to harass you for this disputed debt, then you will file for an injunction against them under the harassment act.

 

By telling the DCA that MBNA sold them an unenforceable contract it will make their blood boil, give them a major headache for a change.

 

If niether the OC OR DCA can prove the legality of the said document, or make no effort to resolve this dreadful matter, by continuing to disregard your communications to them, state to them that their actions will be considered by the courts to be vexatious.

 

Ram it all down their throats, and follow-up on any legal threat of action you state to them.

 

I hope this will help.

 

Kind Regards

 

The Mould

[avatari]

Emanaevs and alternative answer,

 

While it's great that the mould is providing you with help, you will get a wider range of support if you both start your own threads. Your two personal threads intertwined with this one makes reading, digesting and following the train of thought very difficult.

 

With the greatest respect to mould, when it comes to things as serious as this, it makes a lot more sense to have others peer review advice given rather than rely on one party (although I stress this isn't aimed at mould but a general statement). this cannot be done when you are posting over someone else's thread.

 

can you please both ask the mods (pm any of the site team) to migrate your posts on this thread so far to your own threads. You will get a broader range of advice that way. I can't follow it like this and though I'd like to help with my personal experience of successful default removal, I'm simply not willing to spend ages trawling through an interwined and confusing thread. best wishes guys, and post your new thread links here so I can follow to your new locations.

 

plus, posting your own problems on someone else's thread really isn't fair to lickthewallfatboy (the OP).

[lickthewallfatboy]

ok guys and gals

 

list the number(and names if you can remember them all:lol:) of DCA's you have successfully sent packing with tails between their legs,after reminding them of your legal rights,or by totally ignoring them

 

phew-where do I start?

 

1ST CREDIT

CONNAUGHT

MARLIN

LCS

METROPOLITAN

ROBINSON WAY

BRYAN CARTER

MCKENZIE HALL

LOWELLS

SCOTCALL

POWER2CONTACT

AKTIV KAPITAL(ESPECIALLY DESERVING OF AN AWARD FOR FUNNIEST NAME)

CAPQUEST

WESCOT

CABOT

MOORCROFT

CALDER FINANCIAL

RED

 

I'm sure there are others but I can't recall just now....

 

let's see your roll of honour,caggers!!!

 

Who holds the record for number of separate DCA's defeated and wins the award?

Edited July 5, 2010 by lickthewallfatboy

[j_semple]

Capquest (So far this year in 2010)

[RoyalIrish]

Lowell's - Special Award for Ugliest Staff

 

 

Anyone see a resemblance to Lou and Andy?

[Duffers Mum]

So far

 

Mackenzie Hall, Lowells and 1st Credit (all for DH and all for the same alleged SB debt)

 

Myself -

 

1st Credit, SD set aside and costs awarded,heard nothing since 2008

Cabot, Goldfish debt, no CCA provided, not heard from since early 2009

 

Hopefully by this time next year I'll be adding Cabot again for my Sainsbury's account but its early days lol

[Duffers Mum]

Hello Guests

[phil_nottingham]

Moorcroft for coming top of the class in the pre school division!

[Halibutt]

I'd second Moorcroft. They ended up passing my case on to Arden, who seem to be slightly more reasonable!

[wiltshirecouple]

Direct Legal & Collections (DLC) aka Hillesdens for their continued persistence to send threatograms and bombard us with telephone calls on a debt that is in-dispute as they have not supplied a CCA and told us to contact the original creditor.

[wiltshirecouple]

Hello to all the guests

[lickthewallfatboy]

this thread is bound to be popular with guests

 

after all,maybe it'll make them think they'll feel wanted

 

BUAHAHAHAHAHAHAHAHAHA!!!!