mbna direct legal & collections

[amigaos]

Hi, if anybody could give me any advice it would be greatfully received. Direct legal & collections acting on behalf of their clients MBNA have today sent me a very worrying letter stating it is their intentions to issue a ccj against me with a view to obtaining judgement for payment forthwith then applying for a charging order on my interest of the property.

I have been making agreed payments via payment book to dlc due to my bank account not supporting direct debits and to keep a record. Dlc started issueing a couple of payment books then stopped, at this time I emailed them asking them to please send further books, this they sparodically did over some months until no further books were supplied despite repeated requests. After further emails requesting payment books I recieved in the same letter that "the eventual payment of your debt is likely to take many years and we feel the need to obtain some form of tangible security". I am willing to pay of my debt of £1,785 by the agreed terms but dlc seem hell bent on making this near impossible, and seem more intent on making my life miserable by threats of debt collectors calling at my home.

Many thanks

[janequeenie]

ami

 

i would send a cca request ,templates all over this site.this will give them something to think about and will take the pressure of you.mbna are notoriuosly bad at not being able to produce these in the correct format.

post any replies you get for further assistance.

dont forget to send all documents special delivery and keep a file as paperwork from these people does tend to mount up.

 

j

[2Grumpy]

You could also contact MBNA complaining about DL & C's tactics in not sending payment books despite your requests.

 

Tell them that all of the problems have been manufactured by DL & C. If you still have the emails, you could print these to back up your case

 

But do send the CCA request.

 

Keep all emails & documents

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.