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my MBNA debt been through every DCA in the book - now link chasing


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we seem to be a cross purposes.

 

the 16 digit number is my MBNA account. BUT I suspect it was written on the application form in 2012 NOT 1994.

 

I am trying to muddy the waters by suggesting that the cannot tie the application to my account.

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Worth a try imo see what they come upwith.

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I have been fighting an alleged debt with MBNA for 5 years now and have racked up 43 letters with 8 different DCAs.

 

Now it seems the debt has been sold and

 

I am getting sick and tired of telling these people I have no money, no assets and no prospects of ever having any money.

 

I usually have to repeat myself half a dozen times before they go away and are replaced by the next bunch of bottom feeders and I have to go through the rigmarole again.

 

The debt was originally for about £15k but it has steadily risen and is now £18K+ the latest LbA shows.

 

I have read that if it were enforceable MBNA would have gone to court a long time ago for a sum such as this.

 

All that any DCA has ever provided in an attempt to prove the debt is a copy of an application form going back to 1994.

 

The Brig has seen it and says it is the standard combo application / agreement.

 

Is there something intrinsically wrong with these agreements as this has been going on for years now.

 

I ask about DCAs swapping info because if they did I would have thought they would have released after some 43 exchanges of letter they were flogging a dead horse!

 

Any comments would be appreciated as I am beginning to run out of things to say to these people.

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I think it works like this.

 

DCA 1 send you a few letters, make a few calls - you tell them you cant pay and have nothing they can deprive you of.. so they return the account to MBNA - they may or may not advise the responses they have received from you..

 

MBNA then send it on to another DCA and it all starts again. The problem will mostly be with MBNA, they only give the DCA or the new owner of the debt basic information - your name, address, DOB amount outstanding.

 

There is no way they are going to say, several other DCAs have had control of this and the Debtor has said, he has no money, no assets, no job so is unable to pay you. Else they wouldnt take the account :)

 

 

 

So in answer to your question is, it is very unlikely they share information

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'd do the following letter

 

Dear Daft DCA

 

I do not acknowledge any alleged debt to you, your clients or your associates/affiliates

 

On xxx date I received a letter from xxx co about this alleged debt. After protracted correspondence they ran away.

 

Please do likewise.

 

I have no assets, no money and will not be making any payment towards this alleged debt now or in the future.

 

Keep it short and sweet and they might get the message.

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If this were me, in your situation, I would have a standard lettter along the lines of..

 

 

Dear Sirs,

 

I am in receipt of your letter dated..

 

I would bring to your attention that I am not in a position to repay this account, as already advised to the original Creditor.

 

I have no assets, no job and no money under the mattress - I repeat, I am unable to pay and the original Creditor are aware of this. Having

made the Original Creditor aware of my situtation they have decided to farm out the account on a pass the parcel basis. The following Companies have

had control of this account :-

 

 

DCA 1 - NAME

 

DCA 2 - NAME

 

DCA 3 - NAME

 

DCA 4 - NAME

 

The above, have been advised there is NO money, NO assets, NO job, No money under the mattress. That their continued pressure by way of threats

of Attachment of Earnings, County Court Judgments, Charging Orders are all for nothing, because I simply have nothing.

 

Once the message finally sinks in, they return the account to the original creditor, who then simply parcel it up and assign it on to the next DCA on their list.

 

There is little point in you writing to me again - I have made my position quite clear and will not respond to any other DCA tactics. Please note that I will be obtaining proof of posting for this letter.

 

I will also be copying MBNA in on this letter.

 

PRINT do not sign your name.

 

 

If you store a copy of this on your computer and then just add the next DCA on the list and then post it to them with a copy to MBNA, hopefully someone will soon get the message :) I suggest you obtain a free proof of posting for each time you send the letter out.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I'd do the following letter

 

Dear Daft DCA

 

I do not acknowledge any alleged debt to you, your clients or your associates/affiliates

 

On xxx date I received a letter from xxx co about this alleged debt. After protracted correspondence they ran away.

 

Please do likewise.

 

I have no assets, no money and will not be making any payment towards this alleged debt now or in the future.

 

Keep it short and sweet and they might get the message.

 

 

Crossed with CitizenB

I usually include all the previous DCA references in a long list

But find it still takes half a dozen letters before they get the message.

 

The one that usually breaks the chain is one where I say "bring it on you will never recover your costs"

Sometimes I find a juicy but of legal news and tell them that I will be happy to bring it to the judges attention - such as Link getting done in the court in Mold a couple of years ago.

That usually sends them scurrying for the long grass.

 

However, this latest bunch of bottom feeders have gone quickly for a LbA. So I am rethinking my tactics.

 

I was mainly concerned that I might have said something to a previous DCA that could have reset the clock, but if they rarely communicate then that is one less thing to worry about.

Edited by ncm-000
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Oh yes I was thinking of starting the next letter with.

 

You are the Nth bunch of bottom feeding **** that have been passed this file and I am sick to death of receiving your pointless harassment.

 

If you bunch of idiots want to waste hundreds of pounds chasing me through the courts on the faint chance of getting a judgement that then proves to be unenforceable because I have no money or assets of any kind then feel free to throw good money after bad and I will ensure you a good fight as I am now a practiced LiP and have plenty of time to research things to regail the judge with about your dirty little habits.

 

any comments - I hope it is not too strong - well at least it contains no 4 letter Anglo Saxon words.

 

BTW does any one know if the DCAs lurk here to spy on the advice given?

Edited by ncm-000
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Yes, they do lurk,I've even had a company ring me up and ask if I was getting advice from myself on this site, they didn't know if it was me but asked "Are you getting advice from SG1 of CAG?" I said "Yes, I am in contact with her" and they changed from playing hardball to accepting my offer!

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There is a link at the bottom of the page which tells you how many people are viewing the thread, and how many guests....this thread has 27 viewers, 4 of which are members and 23 others, could be people who haven't logged in viewing in their names but who knows!

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If this has been going on for umpteen years and you have paid nothing, and crucially not acknowledged the debt to anyone, just send the statute barred letter and ignore their stupid letter.

 

 

Not there yet - about a year to go.

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Yes, they do lurk,I've even had a company ring me up and ask if I was getting advice from myself on this site, they didn't know if it was me but asked "Are you getting advice from SG1 of CAG?" I said "Yes, I am in contact with her" and they changed from playing hardball to accepting my offer!

 

 

I suspected as much, so the watch word is not to put up details that these scumbags could use to identify you.

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how old is the debt? was there any PPI or charges on card?

Does attempting to reclaim PPI or charges imply acknowledging the debt and thus restarting the clock.

 

If you successfully reclaim PPI & charges, will it simply be applied to the account to reduce the debt.

 

Did Lowells offer you a discount?

 

Is there any significance in being offered a discount? does it debar some other actions ?

Edited by ncm-000
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Often if a DCA offers discounts it can indicate that there may be problems with the ''paperwork''.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Often if a DCA offers discounts it can indicate that there may be problems with the ''paperwork''.

 

 

Can the same be said if the original creditor (MBNA) offers the discount. And subsequently sells the debt on.

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yes if they offer a discount the chances are they are on a wing and a prayer to collect any money. Yeah I would CCA scotcall as Brig has sugessted once they write, It does tend to make them move on if they think you are getting advice, they in my experience tend to just send the odd letter.

 

I always like to look on their confused little faces when you hand them the clear off letter,(one little of joy of having video intercom being able to watch and listen without them realising)

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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I asked the questions below in post #8 but I did not get a reply. Are they in the wrong place.

 

Does attempting to reclaim PPI or charges imply acknowledging the debt and thus restarting the clock.

 

If you successfully reclaim PPI & charges, will it simply be applied to the account to reduce the debt.

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PPI and the actual debt are separate matters, and ia not acknowledgment of liability of the debt, funds reclaimed should be paid directly to you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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PPI and the actual debt are separate matters, and ia not acknowledgment of liability of the debt, funds reclaimed should be paid directly to you.

 

Thanks again for such a swift reply.

 

What about late and over limit charges?

 

How are people getting on reclaiming these £12 x2 per Month charges and does reclaiming them reset the clock, should they be paind directly or just ofset the debt.

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The charges certainly would be offset against the debt, how many are there on the account.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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So far I have found statements showing 6 pairs of charges

Starting in March 2008.

 

Last payment was March 2008 - default notice October 2008.

The rally in letter tennis is up to 43 each. and 8 DCAs

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Get all of the charges listed>

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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