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    • Hi all,    So long story short, I have just received a notice of debt recovery in the post from dcbl. I opened it because it was addressed to Mr. so and so (my surname but for both first and last name) for an unpaid parking charge that was given back in 2017. I looked up the number plate and the car was actually my mothers car, same initials but different addresses. I think they may have chanced sending it to my address as this is the first time I have received any letter of the sort.    Should I call them and tell them this isn't the right address or just ignore it.    Thanks.   
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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cabot/MBNA card Debt - Begging letter received om Mortimer Clarke


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Just a quick question. I'm pretty sure my MBNA account has only had £50 charges (and that was recently - 2 late payment charges). Do MBNA pay up fairly quickly or should I not waste my time pursuing £50? If so , do I write to Chester with a cheque for £10 for my statements?

Jas

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Sorry I didn't mean to sound so cavalier about fifty quid! Do I send the request to Wrexham or Bolton (which is where to send payments)? And when claiming, do I inclu the £10 its cost me to get details of their charges?

Jas

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  • 10 years later...

this charge, is the house jointly owned?

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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Yes, we jointly own the house but as tenants in common so my half only is affected, so I believe.

 

Our house has had few repairs done over the past 8 years and it isn't worth much more than our mortgage. What happens if my half of the equity isn't enough to pay off the charging order? Interest is accruing on the debt at 8% p.a.

 

Are my debts which Cabot are trying to claim from me enforceable?

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so its a restriction k which means all you need to do is inform them AFTER the sale..though on them theres no money left..

 

as for the enforceability

time to get some CCA request running for each one!!

 

I would gather that by that comment you've been reading around

and the penny has dropped that these DMP companies never check the enforceability of any debt

esp those sold for peanuts to debt buyers

 

and you are sadly realising you might be a multi debt cash cow to these powerless DCA's??

they are not bailiffs..

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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  • 4 weeks later...

surely you mean CCA requests not SAR?

 

 

are you sure its MBNA named on your charging order

and NO there shouldn't be ANY INTEREST unless the judgement allowed it

something smells here

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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Sorry, I did mean CCA requests. My apologies.

 

The charging order is in favour of Optima Legal but it concerns an MBNA credit card. I thought that charging orders carried an interest rate of 8% per annum?

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its not a charging order though is it

its a restriction K

which ive talked about before

 

pers id stop paying that too.

theres no need

 

if companies that you sent CCA requests too have FAILED to responce in 12+2 WORKING days

you can stop payments too them.

 

that's why I said dump payplan totally

  • Confused 1

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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Sorry, I did mean CCA requests. My apologies.

 

The charging order is in favour of Optima Legal but it concerns an MBNA credit card. I thought that charging orders carried an interest rate of 8% per annum?

 

Charging Order or Restriction are merely to secure the judgment...there is no financial amount or interest attached to the Order...the judgment defines what you pay.

 

 

Regards

 

Andy

  • Confused 1

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  • 2 months later...

More history please. What does it relate to. When was the agreement taken out?

 

Edit: just seen its 03. Nope. Not enforceable at all. Although youd need to send a CCA request, not a SAR to check if they actually do have a full copy. SAR will rarely ever make them look for it

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Where's the rest of the SAR?

 

Oh and that's a tiny bit of an application form, not a CCA.

 

Have they had the full 40 days in which to supply all the documents?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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had to hide the attachment too

as you've not redacted it properly like the other one

we can still see your name address etc.

 

 

you say that came from an SAR to MBNA not the CCA request to the DCA?

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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what ever paperwork you get from the OC is immaterial

the DCA must comply with the CCa request

and by the looks of what MBNA has its bog roll.

 

 

got any penalty charge [£12] and PPI in those statements to reclaim?

 

 

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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Sorry, I thought I'd hidden my details.

Yes, it came direct from the OC.

I got nothing from the DCA.

 

No, I have already checked.

So MBNA and Yorkshire have no say in what happens with the DCAs?

If that's the case, aren't the DCAs stuffed?

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you're learning ....:lol:

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 months later...

Help!

 

I've posted before about my debts and had three written off (or almost - they say they aren't enforceable but would appreciate me making further payments!). I have one outstanding for an MBNA credit card. It went to Court quite some time ago and Optima Legal Services got an interim charging order against my property.

 

I wrote to Optima Legal Services in June, asking for documentation which I had signed and received no reply.

Then the other day I got this letter (attached) which says that they have not received my payments

(I cancelled Payplan and stopped paying some months ago).

 

 

I sent a CCA request to Optima Legal Services twice, on 29th April and 26th May this year,

once to their address shown on the interim charging order and the other to the address I found on Google.

 

This letter I've just got threatens further court proceedings and advise that a full charging order will be put against my house,

meaning that the debt has to be repaid in full when I come to sell my house.

 

They want a payment of £60 for the arrears which my wife wants to pay to get rid of them but is this the right thing to do?

I've not had any responses to my letters so not sure if I should reply to theirs?

 

Jaz

IMG_20171014_0002.pdf

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Too late for a CCA request. The debt issue was decided by the court and a charging order was obtained. The CCA is now irrelevant.

 

If you don't pay the £20 per month it says was agreed, they could in theory take it further if they wanted, as they have a charge against your house.

 

Did the court tell you to pay £20 a month ?

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 OTHERS

 

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Thread moved to Financial Legal Issues Forum.

 

Jasmineuk, I've unapproved your Attachment, could you please remove all identifiers including Reference numbers.

 

Thanks.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Too late for a CCA request. The debt issue was decided by the court and a charging order was obtained. The CCA is now irrelevant.

 

If you don't pay the £20 per month it says was agreed, they could in theory take it further if they wanted, as they have a charge against your house.

 

Did the court tell you to pay £20 a month ?

 

No, Payplan decided how much all my creditors got and I wasn't consulted on that.

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If you are not paying what was agreed, the debt owner with the interim charging order can apply for a final charging order and then if necessary ask a court to consider an order to sell your house to pay the debt. Not saying this would happen, but given the debt amount, you might decide that you don't want to take the risk, when £20 a month is keeping them happy. Remember that if there is further court actions, they will add on costs and you will regret not having maintained payments.

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 OTHERS

 

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

 

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

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  • dx100uk changed the title to cabot/MBNA card Debt - Begging letter received om Mortimer Clarke

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