Dcri/mbna - Please Help!!

[scared001]

DCRI have sent me a letter informing that this is a notice of potential court action and that documents are being prepared for the issue of proceedings. i have til sept 21st to pay full amount which i just cannot afford to do, or call them to discuss options.

 

PLEASE PLEASE HELP, I AM SCARED WITLESS, IVE NEVER SEEN ONE OF THESE BEFORE.

[maroondevo52]

Whats the debt ?

[scared001]

credit card of £3500. i sent mbna a letter requesting a copy of my cca, that was around 2 weeks ago i think with the token £1 but they never sent me anything back.

 

all advice greatly appreciated please.

[maroondevo52]

Hi,

 

Who are Dcri ?

[F_DCAs]

They have to fulfil your request before commencing action of any kind. Wait and see what they turn up. If your request is fulfilled, and it's MBNA, and it's a pre-2007 agreement, chances are it's unenforceable.

[maroondevo52]

Send Dcri this.................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/575-letter-to-solicitors-threatening-legal-action-in-default-of-agreement-request-

 

Regards.

 

Scott.

[scared001]

DCRI are 'debt clear recoveries and investigations limited'acting on behalf of MBNA.

 

sorry to sound dim here but to clarify if my cc was taken out before 2007 which it was, does this mean MBNA dont have a leg to stand on?

 

should i write to either of these people and if so whats the best template to use?

 

god, ive got so much to contend with right now and then this lands on my doormat......please someone tell me there is light at the end of the tunnel???

[maroondevo52]

Did you read the post above yours

[scared001]

the one you sent re the letter template? it says tho thats a letter to send to solicitors, is this ok as DCRI are debt collectors?

[WelshMam2009]

Who are Dcri ?

 

DCRI = Debt Clear Recoveries & Investigations

 

OR

 

MBNA Inhouse DCA!!!

 

I just told them to bog off and didn't hear from them again.

 

Next received a letter from Restons Solictors threatening court action. Also told them to bog off and oddly haven't heard from them either which, seems rather strange given others' experiences on here!!

[scared001]

what letter did you use to tell them this??? im not so sure this is gonna work with them as they have sent me several letters and this ones pretty serious, i just cant go to court!!!!

 

is it worth me calling MBNA or sending letter, if yes, what letter should i be sending?

[maroondevo52]

Hi,

 

Don't think it makes much odds

 

Try this one...............

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2009.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

**Edit to suit**

 

Regards.

 

Scott.

[WelshMam2009]

sorry to sound dim here but to clarify if my cc was taken out before 2007 which it was, does this mean MBNA dont have a leg to stand on?

 

 

No, not at all!!

 

You need to check if your agreement or other document (usually application form) contains your signature and prescribed terms. In the case of the latter, it needs to be "within 4 corners" which means front and back of same page.

 

You need to scan your agreement up for comments.

[scared001]

whilst were on the subject, has been a fair while since ive heard from crap 1 and their bullyboys, should i still be paying them their token £1 payment or wait to hear....not sure if no news is good news as you just dont know when they might turn up again???!!!

[scared001]

scott, MBNA have failed to send me my cca as of yet?

[angry cat]

Debt Clear Recoveries & Investigations, are MBNA!

 

"Application / Licence Details

Licence Number:0476739Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Debt Clear Recoveries & Investigations Limited 2877251

 

Categories:

Debt collecting

 

Right To Canvass Off Trade Premises:No

Trading Name(s) (Historic):

D C R I

 

Issued Date: 28-Oct-1999 Expiry Date: 22-Dec-2009

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Alyson Elizabeth Mulholland

Jonathan Bernard West

Michele Sylvia Greene

Phillip John Evans

 

Historic Individuals that run the organisation:

Name Position

Colin John Ryder OFFICER

Matthew James Ellis OFFICER

Mr Robin Leslie Dorrien Russell OFFICER

Patrick Alan David Crowfoot OFFICER

Salvatore Andrew De Angelo OFFICER

 

Nature of Business:

Debt Collection

 

Current Address(es):

Address Type Address

Correspondence Trinity Court 16, John Dalton Street, Manchester, M60 8HS

Principal Place Of Business Stansfield House, Chester Business Park, Chester, CH4 9FB

Registered Office Trinity House, 16 John Dalton Street, Manchester, M60 8HS

 

Historic Address(es):

Address Type Address

Correspondence MBNA Europe Bank, Chester Business Park, Chester, CH4 9FB

Correspondence P.O.Box 594, ., Manchester, M60 8HS

Correspondence Stanfield House, Chester Business Park, Chester, CH4 9FB

Principal Place Of Business Chester Business Park, ., Chester, CH4 9FB

Principal Place Of Business Stanfield House, Chester Business Park, Chester, CH4 9FB

Principal Place Of Business Trinity House 16, John Dalton Street, Manchester, M60 8HS

Principal Place Of Business Trinity House, 16 John Dalton Street, Manchester, M60 8HS

Registered Office Trinity House 16, John Dalton Street, Manchester, M60 8HS"

 

MBNA and their cohorts, are prevented from taking any enforcement action against you whilst they are in default of your legal s78 CCA Request.

 

Stand your ground!

 

AC

[WelshMam2009]

what letter did you use to tell them this??? im not so sure this is gonna work with them as they have sent me several letters and this ones pretty serious, i just cant go to court!!!!

 

is it worth me calling MBNA or sending letter, if yes, what letter should i be sending?

 

 

No, don't call them, they'll only tie you up in knots.

 

I used a similar letter to the one that Maroondev has kindly posted up for you.

[scared001]

great thank you guys. account in dispute going off to DCRI tomorrow recorded delivery!!! is something that everyone has had luck with?

 

so that i get all my facts right, should i still be sending the £1 payments to my debtors ie MBNA, CAP 1, etc......regardless what my status with them is?

[angry cat]

Furthermore, they are in breach of The Consumer Protection from Unfair Trading Regulations 2008 (CPUTR's) which falls under Criminal Law.

 

AC

[scared001]

you guys are genius'.....one last question, whats the best letter to send to MBNA also, am on a mission now and tomorrow!!!

[WelshMam2009]

whilst were on the subject, has been a fair while since ive heard from crap 1 and their bullyboys, should i still be paying them their token £1 payment or wait to hear....not sure if no news is good news as you just dont know when they might turn up again???!!!

 

I'm in a similar position with Egg in that I'm also paying a token £1.

 

It's up to you at the end of the day. There are only so many battles that you can fight at any one time. Perhaps it might be best to let sleeping dogs lie until such time as you are forced into taking action.

 

Best of luck!!

[angry cat]

Post Number 12.

 

Please rest easy now!

 

AC

x

[scared001]

thanks welshman. all help is very much appreciated, it still scares the hell out of me tho as all this is new territory for me.

 

maybe, just maybe, cap i realise that their cca is actually worthless and are fighting a losing battle, would be interesting to hear other peoples stories/verdicts on things like this.

[WelshMam2009]

so that i get all my facts right, should i still be sending the £1 payments to my debtors ie MBNA, CAP 1, etc......regardless what my status with them is?

 

It's commonplace to stop paying once you have advised your creditor that the account is in dispute.

 

As you're already getting hassle from MBNA then I don't see that it will make any difference if you stop paying. (Although you may be grateful 6 years down the line!!)

 

If CAP 1 are leaving you alone then I would be inclined to keep paying them as I've stated above.

[WelshMam2009]

maybe, just maybe, cap i realise that their cca is actually worthless and are fighting a losing battle, would be interesting to hear other peoples stories/verdicts on things like this.

 

Do a search on them and read other people's threads...always a good way to start!!