'Debt clear recoveries /MBNA - Quiet for now...

[steven4064]

I think the position is that DCRI are collecting on behalf of MBNA so it's MBNA that you owe the money to. They have come up with a valid executable agreement so I don't think you are going to get anywhere with not acknoweldging the debt.

 

I think your tactic has to be tp get MBNA/DCRA to honour what was agreed with them by CAB or, failig that, to get the court to impose a similar 'deal' on them. Isn't the issue getting DCRI off your back?

[Preyin Graham]

but can't i write that I do not acknowledge the debt to Debt Clear Recoveries?

[Preyin Graham]

i suppose what I am asking is, bearing in mind DCRI say they are giving me until tuesday to pay the £3000+ off, what is my next practical step of action in your opinion? - i feel a bit useless if I sit around and wait or is that the best thing to do; i would like to do the most effective thing?

Lest it needs saying; I obviously won't hold anyone accountable for the advice they offer - I'm appreciative of any advice I can get.

[steven4064]

I honestly think, in your case, the best bet is to let them take you to court. In your defence, you can counterclaim for harassment and give all the information about their violations of the OFT guidelines, etc. You will have to provide the court with an income and expenditure summary (as you did for CAB) and the court will award them a minimal amout - probably the same as CAB negotiated. Make sure you have all the paperwork.

 

You could write to them and point out that CAB negotaited a minimal paymemt with MBNA and the fact that they are ignoring that is in direct violation of OFT guidleines amd that, if they take you to court, you will make this known to the court along with all the other eveidence you have collected which demonstrates their harassment.

[Preyin Graham]

excellent, thanks Steven.

I think I shall write to them pointing out as you said, that i am already paying MBNA an agreed sum and point out some of the possible OFT breaches as you outlined in one of your previous posts.

I can also send them doctor;s evidence of my health problem and this may make them at least back off a bit.

I feel I can also be confident now, if they take me to court.

[Preyin Graham]

okay, i think I'ill send this letter (below) to DCR&I.

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

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.

Furthermore, the CAB negotiated a minimal payment with MBNA and the fact that you are ignoring this is in direct violation of OFT guidelines and that, if you take me to court, I will make this known to the court along with other evidence which demonstrates your harassment.

 

If you do not understand any part of this letter, you should consult a qualified solicitor.

 

 

 

Yours faithfully

Mr A N Other

[steven4064]

Looks OK (I hope that isn't your actual account number though - if it is, I suggest you edit it)

[Preyin Graham]

unfortunately my real name is Anthony Neil Other, aswell.

seriously, no i started off using a template from elsewhere on the forum and that is the account number it came with. I apprecite what you're saying though, it is quite easy to forget to remove details when posting sample letters.

letter posted recorded delivery today - they take action tomorrow afternoon so hopefully this will cause them to reconsider or even stop.

[steven4064]

hopefully this will cause them to reconsider or even stop.

here's hoping, Tony

[Lowwise]

Good afternoon to everyone

I too today have had a message left on my phone from Mr Mathew and having listened to it has brought me to this forum. Now after reading some of the posts and advise I'm not less worried but do think I might be able to learn something.

I have debts with Credit Cards and had the help of the CCCS until 2007 when I became redundant. At the age of 63 I nearly threw the towel in but went to the CAB and they managed to put the banks on hold for £1 a month but after 6 months they say they cannot help me now. So I sent a letter to all the Credit Card Companies with a breakdown of my income & cost and offered a sum in excess of £1. No-one othe than MBNA/Mr Mathew have so far come back to me. Quite frankly I am sorry I got in to this mess, I've done my best to make payments always but frankly I'm near the end.

On top of that I go to hospital tomorrow for exploratory investigation to determine if I have ulcers or stomach cancer.

Is it really worth it.

May I say this last hour reading and writing to this forum has indeed lifted me a little, thank you.

[Preyin Graham]

first of all, try not to panic. most of the time its their method of intimidation - they are trying to get you to cave in becasue they think you don't know what rights you have - it sounds like they've bought debt from your credit card company and are trying to scare you into paying them - thats how they make their commission.....opportunists.

I'm surprised that the CAB said they couldn't help you any more after 6 months. (UPDATE: i think its to do with the credit crunch - CC companies are saying they can't freeze interest anymore - a recent thing).

it might be worth trying a different branch of the CAB - their policies are all different.

- i wouldn't offer any more than you really have to at this stage - if you give them rope, they tend to want more. the £1 a month sounds like it can still stand.

you should wait until it gets any worse - they haven't got a case anyway by the sounds of it because you have nothing to give them so what about sitting it out at £1 a month and then if mr whats his name phones again - keep a note of the calls - too many and it can be considered harrassment. they wouldn't get any more out of you in court and they don't really like to come out in the light of day either, hence the tactics now.

what about writing off (send it recorded for proof) and ask for a copy of your original credit card agreement (CCA) to the company that mr whats his face is working for - the template is in the letters templates on this forum) - then the debt recovery company HAS to produce it within a given period - this puts the ball in their court - if and once they have produced it and you get a letter from them with more threatening action - whip out the letter (see above in thread) warning them that it counts as tresspass for them to be on your property.

if it comes to it and you get a court summons, as long as you reply to the summons you are okay - all that'll happen if it goes to court is that you'll be asked to make an offer of payment per month or whatever - so essentially back to where you are.

I'm going through this too so i hope my adivice is sound I'm not an expert so please don't take my advice as read - maybe someone else might jump in and add something.

the short answer is that with a few letters, and corresponding with the right people (silence can be golden if you don't want the wrong people trying to correspond with you) - you have some comeback - and they can go quite quiet, quite quickly.

Edited October 1, 2008 by Preyin Graham

[Lowwise]

Thank you for responding and also for your email. My most recent regret is that I did not find this forum before I sent off all those letter last week with my new revised offer.

Think all I can do now is wait and see although I believe I should do as you suggest with MBNA.

Got to get ready for the old Hospital now butonce again thank you for taking the time out.

[citizenB]

Lowwise, just because you ahve sent off letters with a revised offer/budget does not mean you unable to send a request for a copy of your credit agreement.

 

I am sorry you are being treated in this manner when you are so unwell, however if you read round the forums you are not alone.

 

Good luck with the hospital tests, perhaps when you return you can start your own thread and people will be only to willing to help you sort through this muddle.

[Chris D]

I used to work at MBNA and worked with Gordon Matthews.

 

Debt Clear IS MBNA. They all sit together and have a phone number for a different area (Bolton maybe?) and it directs it to Chester.

 

You have nothing to be worried about. MBNA will never send doorstop debt collectors and if they do they're probably more scared than you are!

 

I'm suprised Mr Matthews is still working there to be honest.

[Preyin Graham]

just an update, because I know there are so many threads asking for help. I thought it'd be useful to provide a report of what i see as a good outcome.

I haven't had any calls or letters from Debt Clear recoveries since sending the letter about the fact that it counts as tresspass if they come on to my property (after first asking for the Credit card agreement from them). this was in March this year. I count this as a good outcome.

not just that they are off my back for now, but that I feel stronger in being able to deal with any future contact, since I have some space to get better perspective on their practices. I'd like to thank to all those that helped me with practical and sober advice:-

Steven4064, Scampjet, 42man, MrTWS, Diskmandave I hope Lowwise has had similar success.

Edited November 23, 2008 by Preyin Graham

[angel_1]

hiya graham

 

ive read your thread and have to say its the first time ive seen a clear legible and fully executed mbna agreement , mine are so distorted and unclear,

 

i hope you are feeling much better, and looking forward to an update from you

 

out of interest what year did you take the agreement out pls i m trying to match up your agreement to what ive received - thanks

 

im subbing

 

take care of yourself

 

laters angel x

[sanrhythm]

MBNA send sign copy please see and what next? is it end of CCA!!!

Edited February 4, 2009 by sanrhythm

[Preyin Graham]

apologies for delay in answering..angel i took it out in about nov 2003 and sanrhythm I don't understand what you mean - I don't think it is the end of the agreement if they send me a copy.

i have just got another letter through the post...same DCRI..this time a new officer Miss S Brownlie.

 

here's the letter, any ideas?

[Preyin Graham]

how about sending this one again?

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

(my address) ------>

 

3rd September 2009---->

 

Debt Clear Recoveries and Investigations Ltd,

PO Box 595

Manchester

 

 

Dear Miss Brownlie

 

Acc/Ref No : (my ref)

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.

Furthermore, the CAB negotiated a minimal payment with MBNA and the fact that you are ignoring this is in direct violation of OFT guidelines and that, if you take me to court, I will make this known to the court along with other evidence which demonstrates your harassment.

 

If you do not understand any part of this letter, you should consult a qualified solicitor.

 

 

 

Yours faithfully

 

 

(my name)

[steven4064]

I don't see the point of the stuff about doorstep visits since their letter doesn't imply that they are intending to visit. The important bit is the part about the CAB-negotiated payment

[citizenB]

The following thread has been updated and is a worthwile read for all MBNA victims:D

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/120057-cabot-test-case.html

 

HTH

[Preyin Graham]

thanks steven and citizen...

perhaps i should wait to see if they step it up a bit and then send out the harrassment letter?