Debt Clear Recoveries ltd.. have mnba admitted they can't do anything?

[benboy]

Hi fellow caggers.

 

I have posted elsewhere about my war against MBNA but now, my credit card debt has been sold on to a debt collection agancy called Debt Clear Recoveries & Investigations Ltd, with a PO box in Manchester.

 

It took MBNA more than 6 months to send me a poor excuse of a CCA. I had declared the account to be in dispute back in January 2010. They have ignored my letter regarding this.

 

I was sent the poor excuse for a valid CCA only a few weeks ago. They seem a bit quick selling the debt on!!! Would this be a tell tale sign that they know they don't have a leg to stand on should they take it to court?

 

It is today that I receive a letter from DCR&I ltd informing me of the debt being sold on to them. They say court action may be issued if I don't pay £5,000 before 15th July. I take it this is BS ??

 

Should I tell them the account is in dispute and should not have been sold to them or not bother?

[harrassed senior]

Absolute BS.

 

I would send the bemused letter about account in dispute, just to let them know right away that you know they are wasting their time.

 

Letter #17 The Consumer Forums - debt collectors

[benboy]

Thanks for the link, Harrassed, will do that.

[alfwithhair]

It hasn't been sold anywhere DCRL (debt clear recoveries ltd) are owned by MBNA.

They will pester you for a few month then sell it on to a real DCA, but your acount will already be written off on MBNA books for tax purposes

 

Have you received a default notice?

[benboy]

It hasn't been sold anywhere DCRL (debt clear recoveries ltd) are owned by MBNA.

They will pester you for a few month then sell it on to a real DCA, but your acount will already be written off on MBNA books for tax purposes

 

Have you received a default notice?

 

Ah right, no point in sending them a letter to say they shouldn't have been sold the debt then!

 

Not received a default notice.

 

MBNA have pestered me over the years even when I offered a repayment plan. Funny postcards and phone calls to my work place mobile, which is not funny considering it's an ambulance service!

 

Do I need to take any action at all?

[Guest Cartaphilus]

MBNA have pestered me over the years even when I offered a repayment plan. Funny postcards and phone calls to my work place mobile, which is not funny considering it's an ambulance service!

Report this ASAP. Especially considering it's an emergency service but also because they are endangering your employment ... But also because it's breaching certain things and is harassment plus harassment designed to embarass you at work. Either way, it's not on.

 

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

The above can also be applied to phone calls, there is something else I've seen but can't find at the moment about a creditor/DCA contacting you at work.

 

2.2 Examples of unfair practices are as follows:

 

a. use of official looking documents intended or likely to mislead

debtors as to their status, for example, documents made to resemble court

claims.

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

 

c. those contacting debtors not making clear who they are, who

they work for, what their role is, what the purpose of the

contact is

 

d. unnecessary and unhelpful use of legal and technical language, for

example, use of Latin phrases

 

e. failing to provide debtors or creditors with information on status

of debts, for example, not providing requested balance statements when

reasonably requested

 

f. contacting debtors at unreasonable times

g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

h. asking or instructing debtors to make contact on premium rate

telephone numbers

Essentially, as you already know they are using deceptive and misleading means to contact you but also embarassing you at the same time at your workplace. Not to mention, and you could use that here, interfering with the emergency services by tying up the phoneline by their antics.

 

The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing 'alarm, distress or humiliation, because of their frequency or publicity or manner'. Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings; or the creditor pretends to be someone they are not e.g. a court official or bailiff. It is also an offence to send a person a document which looks like it has been sent from a court.

The Protection from Harassment Act 1997

 

If you feel you are subject to Debt Collection Harassment then this too could be classed as a criminal offence. Harassment can be verbal or in writing and would include making repeated calls to your workplace or in anti social hours. The Protection from Harassment Act 1997 makes it a Criminal Offence for any person to pursue a course of action "which they know, or ought to know, amounts to harassment of another person".

 

I'd definitely report them here:

 

http://www.oft.gov.uk/

Edited July 8, 2010 by Cartaphilus

[benboy]

Yes I can do all that but the phone calls were about 3 years ago (the mobiles are now thrown away) I was stupid to phone them from one of work's mobiles and that's how they got the number. They wouldn't even stop after my control contacted them to warnt them! I never made note of the times of call etc. They no longer phone me as I never answered any number not listed on my mobile and have turned off the voicemail. Anyway... where would it get me? I wouldn't gain anything apart from it taking up my precious time to type letters.. I'm just going to sit tight for a while.

[Guest Cartaphilus]

Oh, riight, sorry ... I think it's due to too much coffee drinking. And I was on several different forums at the same time ...

 

Anyway... where would it get me? I wouldn't gain anything apart from it taking up my precious time to type letters.. I'm just going to sit tight for a while.

MBNA have pestered me over the years even when I offered a repayment plan. Funny postcards and phone calls to my work place mobile, which is not funny considering it's an ambulance service!

It was this that caught me out, it sounded like in the present tense to me. Yes, I suppose it would waste your time letter writing but let's take a much further outlook: if this went to court do you think their actions wouldn't be looked upon as wrecklessly interfering with the emergency services and be at least 'frowned' upon. I'll leave you to it. I should imagine your switchboard, given it's set up would have made notes of the times anyway eg logged them.

Anyway... where would it get me?

That's what they are relying on. No one has to nor should take this from anyone. Why I made those suggestions. Perhaps some employers may be more understanding but for everyone of those there are ones who will or would not be so understanding. Which is the purpose, really, behind publicly embarassing you at the workplace I should think. Those making the calls can easily look up on their own records eg call logs and see where they are phoning. They know exactly what they are doing and don't care.

 

I have now thrown a very freezing cold bucket of water over myself.

Edited July 8, 2010 by Cartaphilus

[alfwithhair]

how long is it since you last made any payment towards this account?

[benboy]

Cartaphilus.... it was very good of you to take the trouble to provide me with the relevent info and I thank you. It just that I feel I should have dealt with the harrassment around the time it took place. The phone calls were to a vehicle mobile and not recorded in control. I mentioned it to one of the controllers who phoned MBNA for me to tell them to stop.

 

alfwithhair... I think I made my last payment in december 2009 or January 2010

[benboy]

Have now been sent a card from Allied Credit International entitled "warning" askimg me to phone a Mr Dickey - lol. Does this mean its now been sold on to a proper dca? I reckon that means mbna are not prepared to take me to court???