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old [8yrs] MBNA CC debt - claim form received - help please novice here


Gavalar
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Hi All,

 

I'm looking for some urgent help - sorry to join the forum and jump on and cry out for help!

 

I had a credit card account approximatley 8 years ago with MBNA - I spent a lot on it whilst unemployed and to keep my home,

I kept up reasonably well with the payments until

 

I was contacted 4 years ago by a company called Beneficial claims who said they could review my account to see if I had any PPI or if the agreement was unenforcable

- they advised me not to continue paying MBNA as it was indeed unenforcable due to the credit agreement they had with me.

 

At the time when I was struggling this sounded like the fairy godmother had arrived.

 

Time went on without paying MBNA and they stopped bothering me

- There are no defaults from them on my credit reference.

The company that was supposedly dealing with my account dissapeared and I could not get hold of them.

 

I then Started receiving letters from Hillsden Securities 2 years ago saying they now owned this debt and I should contact them to set up an agreement - I didnt.

 

Time passed and I ignored all calls and then had a statement from them - not requesting payment but the debt being just over £10,000 I had further statements but no request for payments.

 

I have now received a letter from Aplin Solicitors requesting full payment in 14 days or they are going to place a charging order on my house and take me to court - Northampton.

 

I have no idea what to do i'm so stressed its making me ill

- I am due to get married in less than 3 months and if I tell my fiancee about this she will be shattered I just dont know what to do.

 

Please can anyone help - should I ring DLC / Hillsden and ask if i can make small payments?? Help please

 

Here's the letter - which I need to respond to within the next two days:

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Hi Gavalar and welcome to CAG

 

If you could convert your upload to pdf as its too small to read.Dont respond or offer any payment plan until you are advised further.

 

Regards

 

Andy

We could do with some help from you.

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Hi Gavalar and welcome to CAG

 

If you could convert your upload to pdf as its too small to read.Dont respond or offer any payment plan until you are advised further.

 

Regards

 

Andy

 

Hopefully this should be better :|

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so are you saying this debt does not show anywhere on your CRA file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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when was the last time you paid them?

 

i find it strange its not showing.

 

havev you moved in the years you go this and are all your old addresses showing

 

seems strange aplins have the correct? address for you but its not showing.

 

certainly do not converse on the phone to anyone about your debts.

 

i'd fire off a CCA request to them RD tomorrow....

 

 

The Loan Company

 

Company House,

 

Church Street,

 

Newtown,

 

Kent,

 

R1 7HG

 

 

 

Dear Sir/Madam

 

 

 

Re:- Account/Reference Number 4563210025897412

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide, including a detailed statement of the account.

 

 

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

 

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

 

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

 

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

 

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

We look forward to hearing from you.

 

 

 

Yours faithfully

 

Mr A N Other

 

 

incase this does turm serious

 

i'd get an SAR off to MBNA too

 

gathering data time.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx100uk,

 

The last time I paid would have been to MBNA approximatley 4 years ago, I havent moved house since the original credit card was taken out.

 

Who do I send the CCA request to- Hillsden Securities or Aplins. Has it not gone too far as being persued to court??

 

I'm so stressed about this it's unbelievable, i've read a few other similar posts on forums and get lost half way through them.

 

Please keep the advise coming if you would be as kind Thank you and to anyone else reading this

 

Gav

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send the cca to aplins

 

 

do it recorded delivery tomorrow

 

you indicate that you have statements?

 

do you have all of them from day one?

 

if not sar mbna too.

 

did this debt ever show on your cra file do you know?

 

it could be that it was defaulted more than 6yrs ago

if that is the case

then paid or not, it would vanish.

 

this leaves the fact that as you have paid within the last 6yrs sadly it wont be stateute barred

 

so there 'claim' hold some merit.

 

what other letter have you had before the aplins one you posted up

 

put those up too if you can.

 

ever had any discount letters on the debt?

 

this could be a good sign there are penalty charges to reclaim [£12 fees]

 

was there ever any result if PPI is involved too?

 

£10k is a hell of a balance for a credit card company to sell on

that again is a good sign something is wrong with the assignment etc.

 

can you remember how much was on the card around the time it went bad

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hey Dx

 

Ill try and scan and post up some of the previous letters tomorrow - i'm going to have to take the day off to try and continue sorting and stressing this one out!

 

I dont think i've ever had a discount letter, i think the credit card got up to about 7500- 8k and then stopped paying- the rest was interest applied by MBNA im pretty certain Hillsden and DLC have not applied any interest.

 

I feel so disorganised and am worried sick about them trying to get a charging order on my property and a ccj - i'm even more worried about the effect this is all about to have on my wedding that my fiancee has been waiting all her life for- im such an idiot, I just want to sort this :-x:x:|

 

Can I Also say how much I appreciate the advice given so far i really do appreciate it.

 

Gav

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no bother , i cant say i hold much hope of them enforcing this

 

it COULD just be athreat

but you need belt n braces approach.

 

have you ever seen this on your cra file?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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no bother , i cant say i hold much hope of them enforcing this

 

it COULD just be athreat

but you need belt n braces approach.

 

have you ever seen this on your cra file?

 

dx

 

I'm going to check my credit file in the morning, firstly I'm going to send the letter that you posted above to Aplins then il post up other letters I have.

Hopefully you can have a look at this thread tomorrow -or even later today and let me know any comments.

 

Also if anyone else has any comments or recent experience I would very much appreciate it.

 

Thank you so much

 

Gav

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Important to head that Section 78 request with " I do not acknowledge any debt with your Company or Associates "

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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thanks andy

i'll add that to that version

 

didn't spot it wasn't there

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:thumb: Only when the debt has been assigned DX

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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Just for info - Hillsden use DLC as their collectors and they are very litigious, they almost always follow through to court (unless the account is stat barred or unenforceable). Make sure any correspondence with them or Aplins is by recorded delivery and keep a copy of everyhting you send.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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That letter is also grossly misleading and does not state the true legal position.

 

It claims that the ONLY way you can avoid the CCJ is to pay the amount within 14 days of receiving a claim – nowhere does it mention your right to defend this.

 

Get a copy of that to the OFT, Trading Standards and the SRA.

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Just about to send the CCA off to Aplins recorded delivery, do I need to send Hillsden anything?

 

Will this delay them pursuing this to court at this stage?

 

Also should I write straight to MBNA today with a SAR?

 

So sorry I have to ask so many questions I've never had to deal with anything like this. I'm certainly going to use my awful experience to help others in the future on here though!

 

Thanks, Gav

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An account cannot be enforced while in default of a valid s77/78 request.

 

Yes, SAR to MBNA. They will probably ( edit ) around before they comply.

Edited by Andyorch
Unsuitable vocabulary used.
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Hello again,

 

Is the link avove for the SAR the most recent template to send to MBNA I have seen other SAR templates and theres a lot more detail in them, could someone please point me in the direction of the best one to use please.

 

Thanks ill be heading to the post office soon - this should hold the queue up!

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matters not use it.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi all,

 

Thank you for your help so far - its amazing how a bit of advice can lift a bit of pressure its so appreciated.

 

I sent the CCA to Aplins today (Recorded delivery) and have printed a SAR to send to MBNA in the morning.

 

[ATTACH=CONFIG]42660[/ATTACH]

 

dx - I've attached the two previous 'statements' that DLC have sent me - make any sense why they would be sending these to me and now cour action / ccj etc??

 

[ATTACH=CONFIG]42659[/ATTACH]

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I've just gone through my experian credit check and there is nothing on my credit file to do with MBNA???? Any advice of any other credit reference agencies to check please?

 

Also I've established through speaking to my bank today that the last payment made to MBNA was 1.03.08 - I have made absolutely no payments to any other 3rd parties.

 

Can someone help or advise me further

 

Thank you so much, Gavalar

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the other cra's are below

 

those dlc statements are not staements just printed speculative figures.

 

wont stand up in court.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Hi All,

 

I have just had a reply - (Within the 14 days) from DLC with my original credit agreement from MBNA. I have attached the letter and CCA - It appears it was done on the internet and is a tick box - I genuienly can not remember how I would have originally applied for this.

 

They have told me I need to contact them within 14days. Where do I go from here.?

 

Also on my experian credit file MBNA does not appear on there - everything else such as Mortgage loan credit card even mobile phones are on there??

 

I sent a SAR off to MBNA two weeks ago and still waiting for them to reply ( Im aware they have 40 days)

 

Can anyone please advise what I should do from here please, Thank you so much again, Gav

 

[ATTACH=CONFIG]43001[/ATTACH]

 

[ATTACH=CONFIG]43000[/ATTACH]

 

[ATTACH=CONFIG]43002[/ATTACH]

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