Arrows/Drydens chasing old Mbna card debt - MBNA had no CCA.

[Hecuba]

Hi, I'm a new member to this forum and earlier today I received a letter from Maddersons Solicitors telling me Arrow Global Guernsey had secured a charging order on my home.

 

I wasn't aware Arrow Global had secured a charge on my property but I did know MBNA a few years ago put a charging order on my home in respect of my unsecured credit card debt with them. Now Maddersons Solicitors are attempting to get me to repay to Arrow the money owed and this is despite fact I have already made arrangements to repay £554 a month to Arrow Global in respect of another unsecured credit card debt.

 

This letter from Maddersons solicitors didn't tell me anything about where the debt originates from and perhaps I need to ask for full details. All the debts I currently have are in respect of credit card debts and I took these credit cards out before 2007.

 

I have a number of debts all of which I have made arrangements to make repayments monthly and since I'm unemployed and only receiving job seekers allowance I can't afford to make any more payments. I've thought of contacting Debt Advice Foundation for help and would like to know if Debt Advice Foundation are reliable.

 

Any advice would be most helpful because I've found dealing with debt agencies to be a minefield and even finding a good solicitor to help me is proving to be impossible. I can claim legal aid but most solicitors don't accept legal aid.

[citizenB]

Yes, you need more information before handing over any money. If this account has been assigned to them then you require sight of the Notice and Deed of assignment in order to substantiate their claim.

[citizenB]

I know nothing about the company you mention.

 

National Debtline and CCCS are two of the Debt Counselling charities that might be able to assist. Although you should be able to deal with this yourself and advice from CAG.

[BRIGADIER2JCS]

If you were not advised that court application

was filed for the charging order that Arrow

claim to have it's good grounds to get it set aside.

As Citizen B says you must get all the details before

making any moves.

[Hecuba]

Many thanks Citizen B and Brigadier2JCS for your recommendations. I'll write to Maddersons solicitors and ask for sight of Notice and Deed of Assignment. My problem is a number of my credit card debts have been sold and resold so that I don't know where these debts originate from.

[Hecuba]

On 15th August, 2011 I sent template letter to MBNA and £1 postal order asking for original copy of my credit card agreement application form. Today I received this reply from MBNA:

 

'Unfortunately we are unable to comply with your request.

For as long as this continues we will not issue court proceedings against you to recover any amount owed either now or in the future.

 

However, please be aware that you should continue to make payments to your account if you have an outstanding balance.

This is because your debt continues to exist and has not been extinguished so you continue to have an obligation to pay us.

 

As such we are entitled to contact you to request payment if you fall behind on your payments.

We are also entitled to report your repayment patterns to the Credit Reference Agencies, including where appropriate registering a default against your name. This has recently been confirmed in two High Court decisions: McGuffick v RBS and Carey v HSBC.'

 

I have not been making any payments to MBNA for over a year now and I was not aware of credit card debt with MBNA until July this year when MBNA wrote to me.

 

I have not acknowledged my credit card debt with MBNA because I was trying to see if late charges had been applied to my credit card.

 

I'd be grateful for any advice as to how proceed with regards to MBNA given they cannot provide me with the original credit card agreement form.

 

Yesterday I received notification from Westcot Debt Collectors that unless I repaid the full amount owed to MBNA Westcott would be taking me to court.

[maroondevo52]

Thread moved to Debt Collectors Forum.

[Sidewinder]

Keep the letter from MBNA safe and tell Wescott to go away.

 

You have confirmation that MBNA will not take you to Court, therefore Wescott have just shown themselves to be making empty threats which they can never go through with. You decide what to pay, when to pay and if to pay - you are the one in control here, nobody else!

[rebel11]

Hi hec

 

Have a read of 4, 5 and 6 in my signature.

[Undercover-Elsa]

Point out to the Westclots that they are also in breach of CPUTR 2008 in making threats which cannot be carried out.

[Hecuba]

Thank you everyone for providing me with the information/advice I needed. I've read through 4,5 & 6 of the links and my understanding is that whilst the debt is unenforceable I still need to make repayments each month.

 

Since I am currently unemployed and have already made arrangements to pay my other creditors an equal amount each month, I think I would be correct in writing to MBNA and saying I will pay x amount each month until my financial circumstances change.

 

Am I right in thinking this is the course of action I need to take?

Westcot's letter threatening court proceedings was dated the previous day to the one MBNA sent me and also Westcot have rung me on several occasions and left messages. I've taken on board the message never to speak to debt collection agencies via phone but instead always deal with them via letter.

 

I see I need to write to Westcot telling them they are in breach of CPUTR 2008 and I was surprised at Westcot sending threatening letter so soon after MBNA had initially contacted me.

 

I'm worried that if this debt is sold to another company will the debt then become enforceable and even though I've read the OFT 's guidance notes it doesn't make it clear whether debt is enforceable if sold.

[citizenB]

Has this account actually been assigned/sold to Wescotts or are they just acting as debt collectors ?

 

I would think in respect of what MBNA has written to you, then no, they consider they will be unable to enforce the debt in a court of law. Which is why they have said they wont take court action.

 

Sadly, enforcement is only the obtaining of a Judgment in court.. other action such as telephoning you, writing intimidatory letters all seem fair game.

 

If Wescott is THREATENING litigation, then sending a copy of MBNA's letter to them should.. see them off.

 

As Undercover Elsa has said.. Wescott are in breach of guidelines in that they are threatening action they know they are unable to take, and should be reported to the OFT in that respect.

[Hecuba]

Hi, Citizen B, I've just checked Westcot are acting as agents of MBNA so I will send Westcot a photocopy of letter from MBNA and see what happens.

 

If I continue to receive phone calls from Westcot I will not answer phone.

I think Westcot must be aware they can't take legal action against me which is why they were so quick to send me threatening letter.

 

What worries me is if debt is sold to another company and if so, will this debt be enforceable?

I think I am correct in writing to MBNA offering to make a monthly repayment of £5 and see what happens.

[Undercover-Elsa]

Hi again,

The whole point of sending the CCA Request was to establish whether this debt is enforceable in court, ie whether they hold a copy and if so whether it contains the prescribed terms and conditions etc...yes?

 

Putting aside any moral arguments which, with their greed inspired doublespeak they may present to you, the letter you received from MBNA is the best result you could hope to get from a CCA Request.

I'm unsure how you draw from this that you'll now have to pay, despite your financial hardship?

 

Obviously it's your choice, but if it was me I'd just stop acknowledging this debt and sit it out till it's statute barred.

I stress that this doesn't necessarily reflect the views of CAG...just what I would do in your circumstances...but then I'm very very naughty

[Undercover-Elsa]

PS Selling it on won't make it any more enforceable. Only them finding an agreement will do that.

[BRIGADIER2JCS]

Wicked Elsa, but excellent advice, I reckon

a load of debtors would love to get a letter

like that from their creditors, so the OP

should do as you say ignore any further

threats of litigation apart from sending a copy

of the letter, then sit back and wait for SB.

Brig.

[Undercover-Elsa]

I'm 3 years into TWO of those letters. Not heard a dickybird since.

[Undercover-Elsa]

Right...off to B&Q for some Bark Chippings.

My life of wickedness....

[BRIGADIER2JCS]

Just going to get the mower bl**dy grass:lol:

keeps growing like crazy

[Hecuba]

Hi, Undercover Elsa and Brigadier 2JC, apologies for delay in replying - been having problems with internet provider. Yes my aim was to establish whether or not this debit is enforceable in court. I can't repay debt at present due to being unemployed so will send copy of MBNA's letter to Westcot and see what happens.

 

I was worried if debt is sold on this would cancel out MBNA's notification to me. The law in respect of credit card debt is a minefield and debt collection agencies are not always ethical in their dealings with debtors. So will see what happens.

[BRIGADIER2JCS]

When a debt is sold it is with all the benefits, rights

and OBLIGATIONS of the original credit agreement

and any variations.

[Undercover-Elsa]

All quiet on the western front Hecuba?

[Hecuba]

Last year I asked MBNA to provide me with a copy of my Credit Agreement and MBNA sent me a letter stating they were unable to comply with my request. MBNA also informed me that as long as this situation continues no court proceedings will be issued against me to recover any amount owed either now or in the future.

 

Fine I thought - then earlier this month I received a letter from Clarity Debt Collectors sent on behalf of Arrow Global who have now purchased debt owing to MBNA. Clarity demanded I contact them so I sent them a copy of MBNA's letter and at same time did not acknowledge or accept responsibility for this debt.

 

I've now received another letter from Clarity stating 'If we do not hear from you we will need to work with our client to consider options available. These include our representative, Fieldcare Ltd. vistiing you at your home to reach an agreement with you.'

 

I'd very much appreciate advice recommendations because Clarity in my view are deliberately attempting to intimidate me.

 

Hecuba

[BRIGADIER2JCS]

Typical rubbish, yes they can ''ask'' you to pay.

I would ignore this letter if anyone did call they

have no rights, no authority so can be told to

leave the property and not call back.

Or you can write to Clarity and tell them no home

visits, telephone or e-mail contact is to be made.

Couple this with a CCA request.

[Hecuba]

Many thanks Brigadier2JCS for your prompt assistance.

I'll write to Clarity telling them no home visits/telephone or email contact is to be made with me.

I'll also request a CCA.

 

If MBNA cannot provide me with the CCA then Clarity or rather Arrow Global will obviously not have the original agreement.