IND/Westcot/MBNA-Any recent experiences?

[SkemDosser]

Recieved a couple of days ago out of the blue a 'last letter before proceedings' from IND- which looks like some two-bit bottom feeding outfit 'based' in Stamford [prob one afternoon school leaver with a phone lol]

 

It entails an owed amount which they say they will pursue plus interest [almost as much as the owed amount] plus usual sols fees within a week unless there is repayment in full. all a bit farcical as I've never recieved a statutory default notice from them let alone a deed of assignment or have heard from Westcot/MBNA [OC] for years.

 

It therefore appears like a very heavy handed bullying technique although reading a couple of threads on here it looks like this outfit are on the crazed side and will go into legal action without any semblence of correct paperwork to back themselves up.

 

So I was just wondering if anybody has had recent experience of these cowboys as I suspect from the look of the letter, thousands have been sent out by IND [who appear to be a front for NCO [Europe]] hoping to strike lucky on a handful. If that's the case,we need to be aware of their tactics and develop a coordinated group response accordingly.

 

I'm in two minds whether to ignore them and wait and see what they do [if anything] or to CCA request them and make it clear they will face firm opposition if they are stupid enough to take it any further. I'm inclined to take the second option at the mo and officially put the account in dispute [debt from 2000 so little if no chance of MBNA having the right paperwork now] and be ready with the appropriate CPR if they do trundle on with their threat.

 

Any thoughts/similar experiences?

 

SD

[fuzzybobble]

I'd send them the "prove it" letter and let them do some running around and do some work trying to prove you owe anything.

 

If they do come back with anything meaningful, then a CCA / SAR should be sent to see exactly what they have regarding anything inforceable and if there was a Default Notice and was it properly served and correct.

 

How long ago since the last payment was made?

[SkemDosser]

I'd send them the "prove it" letter and let them do some running around and do some work trying to prove you owe anything.

 

If they do come back with anything meaningful, then a CCA / SAR should be sent to see exactly what they have regarding anything inforceable and if there was a Default Notice and was it properly served and correct.

 

How long ago since the last payment was made?

Hi Fuzzybobble last payment was made a couple of years ago. This one went off the radar during some difficult times and as I hadn't heard anything from them since 2000 when token payments were set up with Westcot, decided not to rock the boat at the time with a CCA request on this, one deciding to sit back and see what happens.

 

It's interesting you say send a 'prove it' letter rather than a CCA request first. Does that have any advantage over just whacking in a CCA request now and getting it over and done with?

 

Thanks

SD

[fuzzybobble]

Always best to send the prove it letter, then the CCA request. Sending the prove it letter doesn't give anything away about how much you know about the debt and if they have the right person or not. It also makes work for them, as they then have to provide proof you owe anything. Then the CCA request means yet more work for them. It also provides you with something to knobble them with if it turns out to be unenforceable.

 

When it comes to DCA's make them do all the running around and work for it. Question everything they send. Cost them as much time and money as possible.

 

Debt collection in the UK is rapidly becoming unprofitable due to the huge amount of extra work they now have to do to try and collect debts. Let's all do our bit to keep it that way.

[regan11]

I'm with fuzzybobble, ask them to prove it then if they can, CCA them. Clog them up with paperwork

[SkemDosser]

Always best to send the prove it letter, then the CCA request. Sending the prove it letter doesn't give anything away about how much you know about the debt and if they have the right person or not. It also makes work for them, as they then have to provide proof you owe anything. Then the CCA request means yet more work for them. It also provides you with something to knobble them with if it turns out to be unenforceable.

 

When it comes to DCA's make them do all the running around and work for it. Question everything they send. Cost them as much time and money as possible.

 

Debt collection in the UK is rapidly becoming unprofitable due to the huge amount of extra work they now have to do to try and collect debts. Let's all do our bit to keep it that way.

Asking for proof first seems like a sound way to approach this one. Just one thing at the back of my mind though- if IND do quickly go for a Northampton CC claim [they say in their letter they will do it on 30th March which may happen here as I have an edgy feeling about this lot-it would be particularly daft on their part though as I'm on benefits and without any assets] would it be more advantageous for me to have the account officially in dispute as quickly as possible [ie through a CCA request now] or wouldn't it matter, as I'd be in the realms of CPR requests by then anyway?

[fuzzybobble]

Lots of DCA's do the starting legal proceedings and give a date to scare you. The prove it letter will be fine. Also the "prove it" letter puts it in dispute anyway, as you're basically saying, "I don't owe you anything, it's up to you to prove that I do."

 

Before starting any legal action they usually send a letter with the heading, "Letter before action" Also if they do begin legal proceedings, they'll have to find an enforceable agreement first.

 

As you're on benefits and have no assetts then the most you'd be ordered to pay is £1 a month. That's in the unlikely event that they manage to get a CCJ in the first place.

[SkemDosser]

Thanks fuzzybobble 'prove it' letter on its way

 

Any other recent IND experiences out there?

[adishbestservedcold]

Hi skem, u heard back form IND yet? just thought i'd ask as 2 weeks since u sent the prove it letter. If my experience is anythin to go by u probably had no responce yet?

 

Thanks fuzzybobble 'prove it' letter on its way

 

Any other recent IND experiences out there?

[SkemDosser]

Hi skem, u heard back form IND yet? just thought i'd ask as 2 weeks since u sent the prove it letter. If my experience is anythin to go by u probably had no responce yet?

Hi got from them something along the lines of 'due to further investigations as to your personal circumstances we have decided not to continue proceedings' so there must be a big file somewhere that identifies me as toxic lol

[Rappy]

Hi i got a letter from this lot and missed the cut off for court as they only sent letter with 3 days to reply

I got court proceeding through and missed the time to reply to that as i was away and didnt get mail.

They talking about alleged debt from 2002 and i have the DCA letter with sction 5 etc is this prove it letter and now it at court i can dispute is on the court form with these letters?

Can you explain.

[SkemDosser]

Hi i got a letter from this lot and missed the cut off for court as they only sent letter with 3 days to reply

I got court proceeding through and missed the time to reply to that as i was away and didnt get mail.

They talking about alleged debt from 2002 and i have the DCA letter with sction 5 etc is this prove it letter and now it at court i can dispute is on the court form with these letters?

Can you explain.

You say it's a 2002 debt- have you made any payments on it or acknowledged you owe it in any way over the past six years? If you haven't then it's statute barred and can't be enforced.

 

How long ago did you miss the court papers deadline? If its relatively recently then ring the court immediately, explain the situation and you should get some leeway if you intend to dispute.

 

What proof that you owe the debt have you got from the DCA? For starters you need a copy of the original credit agreement and some indication that you've paid the original creditor monies in the past. Also whose action has taken you to court? I assume it's IND- you need to see a copy of any debt assignment if a DCA/third party is involved.

 

Who was the original debt with? It's probably best for you to start a thread of your own on this one, and read around the threads as much as you can, particularly those relating to your original creditor, you're bound to find a similar case to your own.

[the ghost of thain]

thread here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?132901-Who-are-IND&highlight=ind