Direct Legal and Collections + MBNA

[cosmicjade26]

My husband has been recieving many phone calls from DLC for a few months, but he is never here when they call and they wouldn't speak to me, i have asked to take messages but they just give me a number for him to ring. We have never had any form of post from them either (i should know i deal with post, hubby useless at opening it). Today he was in when they rang and he went through there anoying security questions and then said that they were acting on behalf of MBNA for a loan recovery of £573, my husband put the gentleman on speaker phone so i could listen and he asked the man to repeat himself, he told us again they were recovering debt for a loan of £573 for MBNA, me and my husband asked who MBNA was and he said a loan company, so we asked when the debt was from and he said 2001, but he did say the origanal £573 was not the origanal loan amount, that was the amount being claimed for, we have never heard of MBNA before now, we have never had any corrispondence from either company and we are confused why they are getting in touch after 6years, can anyone advise.

 

PS. I told my husband (after gaining a few tips from here (am in dispute with Barclays), to request a copy of the credit agreement, was this the right thing to do what else can we do, we are really stumped.

[Curlyben]

Yep sounds like you have the right idea.

CCA them to ensure they have the legal right to collect this "debt".

From what you said it also sounds like this maybe statute barred anyway, ie over 6 years old.

 

You can find a CCA letter here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

latter N

 

Remeber to start it with this heading: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

in big bold letters.

 

It's also worth adding to the CCA that you will ONLY communicate in writing for future reference, eg legal action.

 

Don't worry they will threaten all sorts but with out the CCA they are stuffed.

Also NEVER talk to these "people" on the phone again as they will say anything to get payment.

[rory32]

It sounds as if they have bought a debt from MBNA that is almost or just newly statute barred and your husbands name is the same as on the loan (there are plenty of people who no doubt have the same name). DCA's sometimes pursue the wrong person and this certainly sounds like the case here.

 

You have done exactly the right thing by sending the CCA request. The onus is entirely on DLC to prove that your husband owes the money.

[cosmicjade26]

Can i add if and when we get a copy of the credit agreement -

 

a - how will we know if they are claiming for the wrong person ie they have just picked the wrong Medlock (my hubbys surname).

 

b - if the credit agreement isn't signed or the signiture is not my hubby's is it still legal.

 

last but not least what is statute barred.

[Curlyben]

After 6 years, if NO acknowledgement is made in writing or payment a debt becomes barred from collection.

It still exists, but legally a DCA cannot try and demand payments, also it no longer appears on your credit file.

 

a+b don't worry see what the CCA turns up, if anything.

[ThisVeryMoment]

From memory MBNA bought some big companies years ago, (Abbey Credit Cards?). Maybe debt is an old one with a defunct company? diod you pay all your old debts in full?

[cosmicjade26]

He did have an acconut with Abbey which was provided with a visa electron card, but when he stopped using the account it was £3+ pence in credit not in debt.

[PeteT]

From memory MBNA bought some big companies years ago, (Abbey Credit Cards?).

 

Abbey assigned their credit card business to MBNA some years ago.

 

Other people on here have said DCA's are having problems finding argreements as Abbey destroyed some of them instead of transferring them accross.

 

I CCA'd Wescot and in February. Niether has produced anything signed.

[cosmicjade26]

Is it true that Direct Legal and Collections are also Hillesden Securities Ltd.

[PeteT]

Yes. You may get letters from either/or/both.

[cosmicjade26]

The reason for my asking is thatmy husband recieved the origanal letter from DLC on behalf of MBNA now he is getting the letters still from DLC but on behalf of Hillesden Securities Ltd for the same amount but i thought Hillesden were DLC.

[Orion Blue Nemesis of MH]

DLC and Hillesden Securities are one and the same company. They are part of a group or Parent company called Faccenda Chicken.

 

I once saw a Facenda Chicken van parked opposite where I live, so it is possible that they were reconnoitering the place.

 

If you go to Direct Legal & Collections you will get the chance to see the public-facing persona that the company likes to project to its corporate clients.

[Having_A_Knightmare]

Hi

Bank of Scotland sold most if its debts to MBNA last year then passed them to 1st Credit if thats any help.

[cosmicjade26]

It's really confusing now as my hubby never had an account with Bank of scotland and the only other one was Abbey but that was in credit so we don't know why we are getting these letters abd why is a company asking for money for themselves in another name, aarrrrgggggg. So frustrating bloody banks.