Arrows/Shoos Pre legal Letter - old MBNA debt

[besttile]

Hi there ,

 

Received a letter from gobal arrow 2nd of may stating they handed my debt to shoosmiths solicitors for collection.

The account was opened 2005 with mbna and defaulted i think 2008 when made unemployed  Balance £2200.

 

I paid a few token payments for a while to various DCAs but then stopped 2012/13 trying to track for sure with bank .

 

They sent a second letter 22may with 7 day countdown saying they're going legal if arrangement not made.

 

If checked my credit file and there is no defaults present or dates so its dropped off but i don t know when.

 

My credit file has been excellent for the last 5 years with every payment to date now afraid of a reset.

 

Any advice as i am unsure how to approach this .

 

Thanks 

[dx100uk]

as long as the letter is not entitled letter of/before claim' you are safe to ignore it...

 

however, have you moved since taking this card out and have not/did not since inform in writing to either MBNA or a DCA that you moved...thus they have from YOU notification of your correct address?

 

dx

 

[besttile]

No i have not changed address in 20 plus years.

 

The letters however threw me as out of the blue and i was worried about court action messing up my credit file again.

 

I dont see letter of/before claim but i do see we will issue court proceeding for the full sum in seven days!.

 

I do think thought the debt isnt barred 6 months left maybe ,trying to track it down as most paper work is scraped.

 

[dx100uk]

read it carefully

it doesn't say WILL anywhere.???

 

they must follow PAP letter rules now

[dx100uk]

gave you ever sent them a CCA request?

if not do so.

 

it will be difficult for them, if things with MBNA stuff go the usual way, for them to come up with enforceable signed agreement & the correct T&C's

 

dx

 

[besttile]

No nevver contacted or requested anything for years still trying to find my last payment statement 4 - 6 years back as i thought it was barred but still unsure.Its no longer present on any credit file.I ve printed a CCA do i think i should sent it.

 

 

Its the we wont contact or warn you bit that i dont like as i like time to track and either form a defence or payment solution if needed as i dont want a ccj  hit at this current stage of life after repairing my record for years

 

[dx100uk]

with the potential of no enforceable paperwork

I doubt they'll go near a courtroom door.

 

dx

 

[besttile]

I post of a cca request with PO on monday and see what happens then.

 

I was going to offer a part settlement to close quick due to the lack of paper work my end as everything been skipped relating to 2008 and unemployment period.

 

Their first letter offered a solution of a part settlement or payments form global arrow/shoosmiths.

 

Sorry for going a bit but the speed at their operating at 3 letters in 21days out of the blue.

After hearing nothing for years.

 

[dx100uk]

you NEVER offer PS it opens you up to 6more yrs of harassment as you've ack'd the debt and they'll sell the rest on.

 

just do the CCA..

 

its probably very close to SB

so they leave things late to get the most interest out of you. if they issue a backdoor CCJ.

[AndyOrch]

On ‎26‎/‎05‎/‎2019 at 10:44, besttile said:

Does PAP apply in northern ireland also or do they differ? 

 

 

No it does not apply to NI...well not the English version.

 

 

https://www.ulster.ac.uk/__data/assets/pdf_file/0003/130953/lipni-NICTS-DOJ-2012-A-guide-to-proceedings-in-the-High-Court-of-NI-for-people-without-a-legal-representative.pdf

 

https://judiciaryni.uk/judicial-decisions/pre-action-protocol-commercial-actions

 

Regards

 

Andy

[besttile]

HI I had few Credit cards that defaulted back in 2007/08 .

 

Ive checked my credit file and not present so fell off.

Both mbna Europe/Virgin.

 

I recieved letter from debt agencies may requesting payment one at £3500 and other 2200.

 

I requested cca and received one back today photo copy and some tel type statement thing i can hardly read as the text and account infomation is shrunk to one side cutting out information

 

.I am unsure if it is statue barred as ive been looking at my old statement for last 6 years and have not found any payments or letter/phone etc

 

.I know the CCA is dated 2/2/2005 and they have cut out the part relating to the payment protection cover.

 

Should i request sar  as i know that i had insurance to pay and clear this debt but i remember after 12months min payment they told me to sort the balance myself although i was told it would clear if still unemployed after 12 months.

 

They still were taking ppc payments until termination and when i disputed it they said you cant make two claims in succession.

 

So the debt resurfaced!

.I need direction as ive only stated self employment and cant afford 5k!

[dx100uk]

old and new threads merged

scan the return up to one pdf file

read upload

[besttile]

They sent Terms and conditions on 3 a4 pages i upload if required.

 

Why has my statements no interest showing is that normal?.

 

Regards the Credit insurance its being deducted until end.

 

Was sold with card St andrews Virgin Money if i recall.

 

CC return whiteout.pdf

[dx100uk]

that's one tiny 1/2 a4 page

no prescribed terms at all.

 

no harm in getting a PPI reclaim going to MBNA

see their website.