Mymaterob V Mbna

[phatram]

I am helping a mate who hasn't got a pc to claim against MBNA.

He owes them £5000+ and the debt has been handed to a BRYAN CARTER solicitors who he pays x amount to every week.

The debt was only £1500 originally but with interest and charges has grown to over 5k !!

He rang Carters today to ask for his MBNA account number and they say they don't know it. He cannot find anything from MBNA with his credit card number on , so we were thinking what to do next.

Any advice please.

[thelightbrigade]

He should call MBNA and ask them the account number, they can't refuse it providing he satisfies data protection.

[standingupformyself]

Personally I would just SAR MBNA, they can find the account number, send proof of ID (copy of driving licence) £10 and send it recorded... oh and if his address has changed something with the old address on it too..

[phatram]

SAR sent.

[phatram]

Not a sausage from mbna yet.

[thelightbrigade]

are the 40 days up yet?

[phatram]

Day 36

[thelightbrigade]

not unlike them to leave it to the wire - keep counting:)

[standingupformyself]

maybe email someone to remind them? [email protected] was pretty useful for me, mind you that was some months ago now.

[phatram]

Mbna have returned I.D etc and stated that Rob doesn't have or has ever had any accounts with them !!

Carters say it was a MNBA card but refuse to give him any further details.

What should we do now ?

[steven4064]

I would send carter a request undre s78(1) of the Consumer Credit Act 1974 asking for a copy of the executed agreement for the account and a statement of account. REmind them they have 12 days in which to comply.

 

They should pass the request on to the original creditor.

 

It is in Carter's interest to pass the request to the right creditor. If they have got it wrong they won't be able to prove the debt.

[phatram]

My mate Rob has just had Carters on the phone to him stating that he can only get information from Northampton County court, as he has a judgement against him to repay the debt. Carters are saying they do not have to supply him with any information whatsoever, thay have also said they will be sending someone round, ie bayliffs, if he does not pay. Would someone please advise how to help him?

Thanks

Phatram

[steven4064]

Firstly, send them this

Please note that I am only prepared to communicate with you in writing. Should it be your intention to arrange a "doorstep call", please remember that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Please therefore take note that, I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless.

What they have said about information is complete tosh. If they are refusing to supply information under the CCA he should make a complaint to the Financial Ombudsman.

 

THis is an interesting situation - Carters are chasing a debt for MBNA who say there isn't one. Carters are refusing to provide information to prove there is a debt to pay - in theory the debt could be anyone's. THe OFT have publioshed guidelines on debt collection (OFT664, July 2003, updated December 2006). I think Carters behaviour violates many of the guidelines:

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows: …

 

e. failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested

 

False representation of authority and/or legal position

2.3 Those contacting debtors must not be deceitful by misrepresenting their authority and/or the correct legal position.

2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on instructions from the courts, claiming to be bailiffs or, in Scotland, sheriff officers or messenger-at-arms

b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted…

 

d. falsely implying or stating that action has been taken when it has not, for example, that civil action has been taken or that a court judgment has already been obtained …

 

f. pursuing third parties for payment when they are not liable

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows: …

 

h. ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

Deceptive and/or unfair methods

2.7 Dealings with debtors are not to be deceitful and/or unfair.

2.8 Examples of unfair practices are as follows:

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made…

 

f. passing on debtor details to debt management companies without the debtors' informed prior consent…

 

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued…

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt

 

Debt collection visits

2.11 Those visiting debtors must not act in an unclear or threatening manner.

2.12 Examples of unfair practices are: …

 

f. visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed

[phatram]

Hi

Thanks so much!

Mrs P

[phatram]

Please follow this story on here,

http://www.consumeractiongroup.co.uk/forum/general-debt/.

Thanks for helping.

[steven4064]

Mrs P, The link above is to the general debt forum rather than a specific thread

[phatram]

So it is, sorry.

http://www.consumeractiongroup.co.uk/forum/general-debt/127011-mymaterob-carters.html

[elsinore]

Thread moved

 

Els

[phatram]

Thread moved

 

Els

Many thanks Els.

[phatram]

Hi Els,

just realised I made a boo-boo!

It was the following link I wanted moving.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/127011-mymaterob-carters.html

Sorry about that.

Regards

P

[elsinore]

OK no problem, but do you want this one returning whence it came?

 

Els

[phatram]

It was in general debt and I would like it to be there .

Thanks

[elsinore]

OK, both threads are now in the General Debt forum.

 

Els

[phatram]

If MBNA sold the debt, should they still have info from at least the last six years and still comply with an S.A.R - (Subject Access Request) ? or would all the info be passed to the DCA buying the debt?

[steven4064]

If the 'sold' the debt - ie assigned it - then they should have sent the agreement to the DCA. They should still have all other records