morteee v A&L/MBNA card now with DLC

[morteee]

well I have just had a VERY interesting conversation with a young lady called Lorraine at DLC who has let slip that they DO own my debt but DONT hold a copy of the credit agreement, time to write some letters requesting a copy of it dont ya think

 

she is also sending me a full statement of the account and trust me if there are ANY charges on there I shall be claiming those back

 

she also offered me a 10% discount if I could settle and that if I was ever in a position to settle to call them and they could negotiate!

 

trust them? nope

[Varangian3]

Nice one morteee - I don't expect you recorded it did you?

 

These are a nasty bunch and high on my hit list.

 

The more I read the more I realise how little the DCAs pay for these debts and what it actually takes to pay them off. DLC are one of the worst for offering a 'discount' of only 10/20%, but in fact they only buy the debts at about 10% of the debt when done in bulk.

 

Realistically you could probably get a deal at less than 50% to clear, especially if you have history of making life very difficult for them (and I do)

 

Seriously, it is well worth it if you can try to clear these debts by making a low offer, rather than trying to pay off the full amount over a long period.

 

Promise us all that you'll go for the throat and never let go

 

Varangian

[morteee]

if they dont have a copy of the Credit agreement I dont have to pay them at all

 

and yes I did record the conversation which is why she probably was so nice to me

[morteee]

update

 

the nice lady at DLC has left me a voicemail letting me know that the statement of my account is in the post and that they are dealing with my request for a copy of my original agreement, I am going to wait until the weekend then fire off a CCA request letter to make it official and get the clock ticking, she did say on the phone that although they owned the debt they didnt hold a copy of the original agreement however she said on the message she left that they would have access to it and it would be sent asap

 

before you jump all over her for leaving me a voicemail about personal details I gave her permission on this one occasion

 

I actually need the documentation for this debt for my divource as I have found out from my recently discharged bankrupt of an ex husband that he forgot to add this one to his bankrupcy order and my solicitor says this means that I could probably request half of it back in the financial settlement!

 

while I was on the phone to her I also made an official complaint about the man I had previously spoken to there who had threatened me with an attatchment of earnings (until I pointed out that to get one I had to have defaulted on the repayment agreement and had been taken to court) then said he would send in a baliff (I pointed out that unless it was a court appointed baliff they had NO powers and if one was sent I would certain my landlady would report him to the police for aggravated tresspass and harrassment of a tennant) at which point he demanded a list of income and expenditure which I told him he would have to send by post as I wasnt going to dicuss my financial matters on the phone, he backed off then, and why all these threats?

 

in october last year I got a nice company bonus and sent them an overpayment to reduce the debt so they though I was holding out on them!

 

tossers!

[Varangian3]

mort

 

Paying a helpful amount when you can only encourages them. They then assume that you've actually got lots of money and demand even more.

 

V

[morteee]

trust me I havent been that helpful again!

[morteee]

seeming as a couple of weeks ago a young lady was nice enough to confirm for me on the phone that DLC do not hold a copy of my credit agreement I have made my request nice and formal today sending off my CCCA request 1st class recorded

 

this organisation has caused me enough hassle over the years that it's time to get some of my own back!

[rory32]

Good luck morteee - let us know what twaddle they send you back.

[morteee]

they wont be able to send me anything back, I know this for a fact as the lady I spoke to stated that even though they had bought the debt from A&L they didnt hold a copy of the credit agreement (was sneaky and told her I needed a copy for my divource)

 

I taped the conversation and informed her at the beginning that I was so thats admissable if needs be, they have no copy of the agreement therefore the debt is un-enforcable!

[morteee]

letter was signed for yesterday, countdown has started

 

and what a co incidence, 3 missed calls from an unavailable number while I was at work today!

[morteee]

letter recieved today from Hillesden Securities

 

dear Morteee

 

account number xxxxxxx formerly MBNA Europe Bank xxxxxxxxxx - consumer credit act 1974

 

thank you for your recent letter dated 14th May regarding the above account. This has been passed to me for attention.

 

I would confirm and advise the following:-

 

1) I acknowledge recipet of your payment of £1 in connection with your data requests under the Consumer Credit Act 1974. We are still awaiting a copy of your original agreement with MBNA Europe Bank. When this becomes available it will be forwarded to you.

 

2) If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 78 of the Consumer Credit Act 1974

 

Should you require anything further at this point please contact me accordingly. I will update you on developments in 21 days if there are no developments beforehand

 

yours sincerely

 

blah blah blah

 

 

anyone want the fun of pulling that little thing to bits? lets play spot the cock up

 

morteee

[rory32]

So they are more than happy to default then.

A true copy of the document.....which particular document would this be?? If its not a copy of the agreement they can p*ss off!!

[morteee]

I am almost hoping they WILL send it as the only MBNA credit card that has ever been in use in my family was my ex husbands and in his SOLE NAME!

 

so even if they do produce it they are screwed!

[rory32]

Oh silly me.......I missed the fact that their client should be A&L. At least you know who your dealing with even if DLC don't have the foggiest!!

[morteee]

MBNA provide A&L with credit cards as per the A&L webby however the card was in my ex husbands name only and it looks like they went after me when he went bankrupt just after we seperated - there were a few joint debts to be cleared which I was left lumbered with and I have a feeling that I took it at face value that this was one of them which it turns out wasnt

 

the way I look at it is that this is a win win situation, if I dont get the documentation then I dont have to pay them anymore AND I can also get what I have paid them back from my ex, if they DO have the documentation then I can have my money back from THEM and they can chase his arse for a change!

[rory32]

I think you may have grounds for a complaint based on a breach of the Data Protection Act. As they are surely processing your personal data (and effectively affecting your credit rating) on a debt that is not yours.

[morteee]

all in good time all in good time

[kennyparkroad]

i would agree with that.

[morteee]

2 days left before they default then all I have to do is wait 30 days for them to commit an offence

 

do I stop payments after the 14 days or the 30 days guys?

[rory32]

Stop paymenbts after the 14 days.

[morteee]

lovely thats 2 days before next payment is due anyway

 

do I send them a letter after the 12 days or keep quiet til the 30 days are up?

[rory32]

Just keep quiet until the 30 days are up. There is no real point in telling them they are in default - they already know this.

[catw75]

If it was your ex-husband's sole debt and it was discharged in bankruptcy then surely pursuing even him (let alone you!) for the debt directly would be a criminal offence: as long as they are aware that he is bankrupt they should only approach his Official Receiver for their share of the money. If it was a joint debt - account in joint names - then they are entitled to chase you for the full balance minus whatever they gained from the bankruptcy, or if the debt was legally assigned to you as part of the divorce settlement they could: if neither of these apply then there is no basis for them attempting to collect the debt from you and you could contact Trading Standards or the Financial Ombudsman Service to back you up in requesting that they stop chasing you for a debt for which you are not liable. Are the letters addressed to you or your ex?

[morteee]

the letters are addressed to me however my ex has told me his was the only name on the agreement and it was his credit card however he neglected to declare it in his bankrupcy order!

 

have to say my ex is being fab about all this and is already giving me money every month towards the repayments however if it IS in his sole name I am buggered if I am paying them off and I will also want my money back!

 

there is a default on my credit record from A&L because of this debt however the 6 years is up october this year so I am not too fussed about that part

 

this has all come to light as we have finally got round to sorting our divource out after 5 years of seperation LOL!

[catw75]

Hi Morteee, even if your ex forgot to declare the debt in his bankruptcy the debt should still have been legally discharged as long as his bankruptcy has ended. This is why the papers have to publish details of people who are going bankrupt: to give all creditors the chance to apply for their share of the proceeds. A lot of bankruptcies are for failed businesses which have possibly hundreds of creditors and some are inevitably forgotten. Unless A & L or MBNA can produce any evidence that you are the debtor for any valid reason they have no legal right to chase you for the money and you should be able to claim back the money you and your ex have paid them. The courts would not be sympathetic to a creditor who has knowingly pursued a bankruptcy debt from a person who is not even liable! I am assuming that your ex has now been discharged from bankruptcy as you said that he went bankrupt soon after you split up, he isn't still bankrupt is he?