Moonwitch V MBNA

[moonwhich7]

I hope someone can help me. My mother is 81 years old and was recently diagnosed with senile dementia. I have taken over her finances and have found she is nearly £4000.00 pounds in debt to MBNA. She has totally forgotton that she had a credit card and the direct debit she had set up years ago to pay the minimum each month defaulted as her funds diminishesd.

 

After several frustrating calls to MBNA over many weeks, and getting little information as to the history of the account. ( they said they only had info going back six months) I panicked! Thankfully I found this site.

 

Due to advise from all you fantastic people. I sent a letter, recorded delivery, on the 11th September (template from this site) requesting the CCA and the S.A.R - (Subject Access Request) for my mothers account and enclosed two seperate cheques for payment. The post office confirmed delivery at 9.53 on the 12th September.

 

As I have insisted that they do not contact my mother due to her getting upset and confused when confronted by things she no longer understands I received a call at 8.30 this morning ( 19th Sept ) asking me when they could expect a payment. I asked, when was I going to receive the information I had requested. She denied all knowledge of this request. I was put on hold for a good while, and then told she would look into it further and call me back.

3 hrs later I was told that they definitly had not received anything. I insisted that they had, quoting the PO info. She went off to speak to a manager again. This time she came back saying that I would have to send another letter requesting the CCA & S.A.R - (Subject Access Request) with replacement cheques. She asked me what I was going to do, to which I replied ' nothing until I get legal advise' and left it at that. One thing she did mention to me during our first conversation, (which I don't think she realised was information I had been denied previously ), was that the date the account was opened..... 1994. I am hoping this is relevant regarding the CCA???

 

To add to this my mother received a letter this morning saying her account was now in default and they were going to sell it on and threatend her with loads of legal jargon and financial ruin if she doesn't pay them NOW!

 

I am very new to all this and don't know what to do next. Any advise at all will be much appreciated and greedily accepted.

 

Thanks in advance.

 

Forgot to mention that cheques have not been cashed.

Edited October 24, 2008 by moonwhich7

[dpick]

Hi you have started this in the correct way, you have proof that MBNA did receive the CCA and S.A.R - (Subject Access Request) (take note that on the phone MBNA are lying B*****DS) wait out the time scales for CCA then send them the you are in default with CCA request and not further payments will be made untill you comply. If MBNA then do not comply with S.A.R - (Subject Access Request) then take them to court for none compliance with both CCA and S.A.R - (Subject Access Request) that will do for a start.

 

dpick

[moonwhich7]

Hi

 

Just want to clarify something. While reading the threads I came across a post saying that by requesting the CCA and SAR for an account they are not able to issue a default notice, as the account is effectivly in dispute.

 

My mother received the default notice one week after the recorded delivery request for the CCA and SAR had been delivered to them (which they are denying receiving) Is this something worth looking into???

 

Getting very worried about all this.....Please help

[lexis200]

Hi moonwhich

 

I'm sorry you're having such a nightmare with them. It's enough coping with such a horrible diagnosis without their cr*p.

 

I'm not certain, but I think the account goes into dispute from the CCA if they haven't complied after the 12 working days - I have no idea about the SAR though.

 

Do you know if the Default is all correct? They have to give you 14 days from the date on the letter to remedy any problems, so do they have a 'rectify this by xxx date' on it, and is it at least 14 days from the letter date?

 

The fact that the cheques have not been cashed is neither here nor there - they have received your legal requests and you have proof. If they choose not to make you pay for them that's their perogative, but they can't use it as an excuse for not giving you what you have asked for.

 

I'm going to stick a link to your thread on the big CCA one, so hopefully you'll get some more help as you really need some guidance here.

 

One thing I would say - If you can post the default notice on here (remembering to remove any personal details), there are members who are pretty adept at finding any inadequacies in them, and should be able to tell you if it's valid or not.

 

Lexis

[citizenB]

YOu have proof of receipt so they cant deny receiving the cheques. Have they been sending statements ?. If so, it might be a good idea to check the next one, it wouldnt surprise me to see that they have applied it to the account. Which is a nonono, they are legal fees for the requests you sent and are to be used for no other purpose.

 

Once an account goes into default the MBNA threatomatic machine goes on autopilot and churns out letters and default notices regardless of any obstacle such as a CCA or SAR letter !.

 

Under no circumstances phone these morons. They will spout all kinds of rubbish, whilst not believing it themselves.. they will expect you to be terrified of what they say they can do.

 

I would say the Default notice has been sent out "during" the timescale allowed for the CCA request because, they are not supposed to be able to send them out, or pass the debt on to a DCA when they are in breach of the request. Their response would possibly be that the letters would have gone to a different department and there was a cock up in their systems !!

 

They have until 24th of September to provide you with a Credit card agreement and until 22nd October to provide you with the Data from the SAR request.

 

Do you have Power of Attorney to deal with your Mother's financial affairs. If so, I would send them a copy.. I will try and find some information that you can put in a letter to them regarding the rules they are breaking.. although they should know darn full well which ones they are. BRB.

[car2403]

YOu have proof of receipt so they cant deny receiving the cheques. Have they been sending statements ?. If so, it might be a good idea to check the next one, it wouldnt surprise me to see that they have applied it to the account. Which is a nonono, they are legal fees for the requests you sent and are to be used for no other purpose.

 

Why so, citizen? The fee is a payment of a statutory amount for the type of request - what they do with that payment is up to them, but the key here is that the required payment has been received by them regardless.

 

Once an account goes into default the MBNA threatomatic machine goes on autopilot and churns out letters and default notices regardless of any obstacle such as a CCA or S.A.R - (Subject Access Request) letter !.

 

Under no circumstances phone these morons. They will spout all kinds of rubbish, whilst not believing it themselves.. they will expect you to be terrified of what they say they can do.

 

I would say the Default notice has been sent out "during" the timescale allowed for the CCA request because, they are not supposed to be able to send them out, or pass the debt on to a DCA when they are in breach of the request. Their response would possibly be that the letters would have gone to a different department and there was a cock up in their systems !!

 

Why so, citizen? Issuing a Default Notice has nothing to do with the CCA request itself. The Default Notice is a notice of an intention to terminate the contract between the parties, which has no bearing on a CCA request. I acknowledge you could argue that they shouldn't be issuing these while the request is in default, but this one isn't yet, from what I can see. Either way, a Judge would consider they can still issue a DN regardless of the CCA request under the contract. (I know, because I've been there and have been told that is the case)

 

They have until 24th of September to provide you with a Credit card agreement and until 22nd October to provide you with the Data from the SAR request.

 

Do you have Power of Attorney to deal with your Mother's financial affairs. If so, I would send them a copy.. I will try and find some information that you can put in a letter to them regarding the rules they are breaking.. although they should know darn full well which ones they are. BRB.

 

I'm not being pedantic, I just need to make sure the OP is aware of the situation.

 

[citizenB]

Removed in case I have given incorrect information.

Edited September 22, 2008 by citizenB

[citizenB]

I'm not being pedantic, I just need to make sure the OP is aware of the situation.

 

 

I defer to your knowledge which is greater than mine CAR.

 

I recall seeing somewhere on the site that for them to apply the fees to the account was a misappropriation of funds. I apologise to the OP if I am wrong.

 

I also apologise if my opinion is taken as fact regarding the DN.

[AA99]

Hello Moonwitch

 

Both myself AA99 v MBNA and Lexis200 v MBNA are active threads on here too. DO NOT DESPAIR!!! I think we are in good hands and we are certainly not alone. I find it is an awful lot to trawl through at first but keep making notes of the various information and the template letters and we will find a way through it all!

 

Good Luck ! ;-)

[MAGDA]

Hi Moonwhich, unless they actually provide a copy of an agreement containing all of the prescribed terms, I really wouldn't worry. Knowing MBNA (I also had an account with them) they won't have the agreement, at best they will send an application form and their current terms and conditions, which will not be enforceable. Try not to worry, give it a bit longer and see what happens, and i'm sure you will be fine. Magda

Edited September 22, 2008 by MAGDA
typo

[car2403]

I defer to your knowledge which is greater than mine CAR.

 

I recall seeing somewhere on the site that for them to apply the fees to the account was a misappropriation of funds. I apologise to the OP if I am wrong.

 

I also apologise if my opinion is taken as fact regarding the DN.

 

Not at all.

 

It's all about sharing opinion.

 

A Judge would make their own mind up on how to apply these facts, to no opinion is right or wrong, but it all adds to the OP's options and gives them food for thought.

[moonwhich7]

Hello Everybody

 

Thanks so much to you all for your advice and kind thoughts. I have been working away from home for the past week so have only just seen your posts and was unable to do anything other than count down the 12 + 2 days, which is now out of time.

 

As we have recieved no more phonecalls and nothing in the post I am now off to find an 'account in default letter' as the requested CCA has not arrived (does anyone have a link to the best one to send in this situation). I want to make it quite clear that they can take no further action against my Mother at this time. I hope this will give me some breathing space while I work out the next step to take.

 

As always any info very much appreciated.

 

Good Luck to all you other unfortunates who have to deal with MBNA. I will be watching your threads with great interest.

[MAGDA]

Hi, Moonwhich, the following link contains a post submitted by Andyorch and I think, as he says (post #87) that it makes sense once you have submitted your CCA request to do nothing, after all, until they provide a valid CCA, they cannot enforce the debt as they are in default of your CCA request. Best wishes, Magda

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/141116-mbna-link-financial-5.html?highlight=mbna%2Flink

Edited September 29, 2008 by MAGDA
typo

[moonwhich7]

OK I am feeling pretty desperate now. I took everyones advice and did nothing. We received a letter from MBNA yesterday and I quote

 

' We are sorry we have not been able to send you a copy of the original, but hope that you will find this copy clear to read and sufficient to your purposes'

 

They enclosed a copy of their Terms & Agreements.

 

They have not sent the S. A. R. info I requested at the same time.

 

Yesterday morning someone called my mother and left her in a confused and distressed state. I called to find out what the hell was going on as they are not meant to contact her ( I was very, very angry ). After telling them I would do them for manslaughter if anything happend to my mother if anyone tried to contact her again they aggreed it was a mistake and it wouldn't happen again. ( I have sent the harressment letter this morning)

 

I was then advised that they would be selling on the account at the end of this month. I asked why they were unable to send me a copy of the original agreement. The girl said she didn't know and that it was unusual, she said my mum must have done it on line. (Rubbish, she doesn't even know how to turn a computor on).

 

Anyway she insisted that it doesn't matter that they don't have the original agreement or that they had not sent me the S.A.R because in 3 weeks time they will sell and wipe their hands of it basically.

 

Then to top it all she said that I !!!!! was also liable for the amount because at some point my mother had authorised me as a user of the card. This is the first time anyone in all these months has ever mentioned this. I said that this was ridiculous my mother had absolutely no reason to add me to the card at any time. The girl was unable to tell me when this was supposed to have happened but assured me that I had been and I would have to talk to my mum about it.

 

Please people, what on earth do I do now. How do I stop them selling on if they don't care about any of the legal regulations.

 

In tears through anger and frustration and feeling very helpless.

[citizenB]

OK I am feeling pretty desperate now. I took everyones advice and did nothing. We received a letter from MBNA yesterday and I quote

 

' We are sorry we have not been able to send you a copy of the original, but hope that you will find this copy clear to read and sufficient to your purposes'

 

 

They enclosed a copy of their Terms & Agreements.

 

They have not sent the S. A. R. info I requested at the same time.

 

Yesterday morning someone called my mother and left her in a confused and distressed state. I called to find out what the hell was going on as they are not meant to contact her ( I was very, very angry ). After telling them I would do them for manslaughter if anything happend to my mother if anyone tried to contact her again they aggreed it was a mistake and it wouldn't happen again. ( I have sent the harressment letter this morning)

 

I was then advised that they would be selling on the account at the end of this month. I asked why they were unable to send me a copy of the original agreement. The girl said she didn't know and that it was unusual, she said my mum must have done it on line. (Rubbish, she doesn't even know how to turn a computor on).

 

Anyway she insisted that it doesn't matter that they don't have the original agreement or that they had not sent me the S.A.R because in 3 weeks time they will sell and wipe their hands of it basically.

 

Then to top it all she said that I !!!!! was also liable for the amount because at some point my mother had authorised me as a user of the card. This is the first time anyone in all these months has ever mentioned this. I said that this was ridiculous my mother had absolutely no reason to add me to the card at any time. The girl was unable to tell me when this was supposed to have happened but assured me that I had been and I would have to talk to my mum about it.

 

Please people, what on earth do I do now. How do I stop them selling on if they don't care about any of the legal regulations.

 

In tears through anger and frustration and feeling very helpless.

 

I can understand your frustration and anger, but dont let them grind you down (which is their primary aim)

 

If they havent sent you a copy of the original, does it have your mother's signature on it ? Is there anyway you can scan in, removing all personal details and identifying information, so CAGers can give their opinions for you.

 

Just sending copies of the terms and conditions is NOT acceptable. Are these terms and conditions from the time the account was opened. Sometimes there is a date code at the bottom or alternatively, the amount of charges mentioned in them are they £12.00 which would mean they are from around 2006 and any account opened before then would have had a higher penalty charge mentioned.

 

CCAs and SARs are separate requests and will be dealt with by separate departments. MBNA will hold off sending you the SAR info until the last possible moment.

 

I am not absolutely positive on this, but just because you have been nominated an authorised user (that is if you have and they will have to prove that) I dont think it makes YOU responsible for any outstanding balances. I recall asking a credit company give a member of my family a "2nd" card and was specifically advised that I was responsible alone for any debt.

 

I am sure as regards the telephone harassment you will have a valid reason to complain to the Trading Standards and I would do this immediately.

 

Telephoning these people is not a good idea, although I can understand your wanting to blast them out of the water for upsetting your mum.

 

I am sure someone with more knowledge will be along soon.

[lexis200]

Hi moonwhich

 

I think we can all assume MBNA are complete ar**s and their staff monosyllabic twits.

 

They have not complied by sending a copy of their current t's and c's alone. Although they can send a copy, it must be identical in both form and content to the original, although it can be missing signatures and limited non-statutory information (so we're not saying it can be missing prescribed terms here). Sending just the new terms does not comply. I think I'm right in saying that even if they sent the original terms, although it would be compliant with the CCA it would not be enforceable as they must have prescribed terms with your signature on the same page, or if on two pages they must be clearly linked in some way.

 

How exactly would a judge take their statement of 'sorry m'lud, we don't have any evidence to support our statement whatsoever, but we really promise moonwhich is an authorised user'??? Perhaps you ought to tell them that your mum cleared the debt already. 'No, I don't have proof of that statement mr nastycaller, but I can assure you it's true'

 

If they can't find the original agreement, then selling it on is a big old nono. As far as I'm aware, while there is nothing that specifically states they can't sell on a debt in dispute, the 'cannot enforce the agreement' bit in the CCA1974 can very easily be interpreted as such, as selling on a debt to a DCA is obviously enforcing it.

 

She's also talking utter balls about the SAR, as by my calculations they will still be holding your account then anyway. And even if they weren't, you sent them the request while they did, so what she said is still cr*p. And even if the first two didn't count, you can still SAR them when the account is closed as they have to keep your details for 6 years after the account closes, and you are still entitled to see that info - so again, she's flat out lied to you.

 

I don't suppose you managed to record this conversation at all? If you did it would be a very big help for any complaint letter (which I think you should be sending along with the harassment one, personally).

 

The comment about it being an online application sounds dodgy as well, and not just for the reason you mentioned. It looks to me like your mum has had this account for several years (from your first post), so any application would still fall under the CCA1974 if it was done before (I think) May last year - whether by mail or online.

 

I honestly don't think you will stop them selling it on as they really don't give a damn and will not listen to anything you say (can you guess I'm dealing with them too at the moment:)), however, whichever DCA it does go to should be seen off pretty sharpish with a 'Debt in Dispute' letter, as it won't be worth their while trying to chase a dead agreement.

 

I really think it's worth getting a letter detailing both the phone call you had, and that what they've sent you is worthless. Don't make light of the woman lying to you about the SAR either!

 

I hope you get somewhere with this very soon, as you really don't need this sort of hassle when dealing with your mum.

 

Take Care

 

Lexis:)

 

ps - just a thought, have you considered asking them to wipe the debt due to your mum not having, nor ever being likely to have, the money to pay the card back?

[moonwhich7]

Thanks, feel better already, just knowing other people are on my side is priceless.

 

There are absolutely no personal details, dates or any reference to my mother at all. They just appear to be printed info. Can't remember the charge amount but will check later.

 

MBNA do not give a flying feck about my mothers condition, and at no point, have done anything other than demand payment. To write it off is not an option they would even discuss let alone consider.

[car2403]

You should really send them this;

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

 

MBNA do not give a flying feck about my mothers condition, and at no point, have done anything other than demand payment. To write it off is not an option they would even discuss let alone consider.

 

They may not have a choice, unless they want to be left with an unenforceable debt on their hands.

 

[angel_1]

hiya im sorry to hear of the distress you have been caused and your mother, but like car2403 has mentioned, if they do pass it on, the like lexis says an account in dispute letter will sort out the new people out pretty sharpish so dont worry

 

im just in awe of stuff as more i read and learn, we really are living in a mad bad world.

 

anyway dont give up now, you learn pretty fast here with all the info and advice from others you then become a little immune but send all in writing keep a record, and be like a thorn in their side.

 

kind regards and keep happy ciao for now laters maz

[moonwhich7]

Oh My!

 

Things appear to have taken a turn for the worse.

 

2 days ago my mum got a letter advising her that her account will be sold on in 7 days time and suggested she remortgage her house. I didn't panic as I had sent the letter ' Account in Dispute' a few days before because we had not received the signed CCA.

 

However this morning mum got her form through the post that she had signed in 1994. It is one page headed 'Application Form' underneath is written UK Scenic Series ( think it was a promotion offering deals on tirps) this has all Mums details at the time such where she worked, bank details, security questions, signed and dated in her hand writing.

 

Above where she signed her name there is a sentence. Quote

 

"This is a credit agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms."

 

Unfortunately I can't scan it on here as I am not in the same country as my Mum a friend scans these letters to me. I have my own scan version but has all personal details which I can't cover to put on here. Or can I ?? Not good with this stuff, don't have a scanner of my own.

 

Now I am more than worried what can I possibly do now. I have not received the SAR requested but that won't really matter when they sell it on.

[citizenB]

They really are not allowed to threaten your mum in this way and certainly are not permitted to suggest she remortgage her house to pay an unsecured debt...especially in the current housing climate.

 

I am sure someone with more knowledge will be along soon to advise you, but I would think a call to Trading Standards is called for.

[robcag]

Hi mw7

 

Oh My! Calm down ....

 

Things appear to have taken a turn for the worse. That's probably what a lot of people thought when they first received a reply to their CCA request and saw their signature on a document, but things are probably not as bad as it seems!

 

2 days ago my mum got a letter advising her that her account will be sold on in 7 days time not such a big deal in itself, in fact if they are so confident, why are they selling the alleged debt so quickly? and suggested she remortgage her house. Against guidelines, and now in contravention of The Consumer Protection from Unfair Trading Regulations 2008 (not sure which section, but I'm pretty sure it's in there somewhere) I didn't panic as I had sent the letter ' Account in Dispute' a few days before because we had not received the signed CCA.

 

However this morning mum got her form through the post that she had signed in 1994. It is one page headed 'Application Form' underneath is written UK Scenic Series ( think it was a promotion offering deals on tirps) this has all Mums details at the time such where she worked, bank details, security questions, signed and dated in her hand writing.

 

Above where she signed her name there is a sentence. Quote

 

"This is a credit agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms." That in itself does not mean the document would be enforceable.

 

Unfortunately I can't scan it on here as I am not in the same country as my Mum a friend scans these letters to me. I have my own scan version is your 'scan' copy legible? I ask because quite often the document provided is illegible, and if so would mean they haven't complied with your request, and in turn would also be unenforceable if they didn't possess a legible properly executed copy (containing all the prescribed terms) but has all personal details which I can't cover to put on here. Or can I ?? Not good with this stuff, don't have a scanner of my own. Keep that original 'scan' copy safe for your own reference and make a copy of the file on your PC with which to work on. Next load the image file into some image editing software, whatever you have installed on your PC, maybe even just MS Paint (I think that will probably work but I don't use it, it might depend on the file-type). Then using one of the tools (pen, spray, or other) just obscure any personal details. You can then upload the file to somewhere like PhotoBucket.com (free account) and post a link to it here.

 

As a last resort, if you do not think you can manage all this, I would be willing to let you email me the file and I could do it for you (confidentiality assured), if the mods think that would be acceptable, or perhaps one of them would make you the same offer.

 

Now I am more than worried what can I possibly do now. I have not received the S.A.R - (Subject Access Request) requested but that won't really matter when they sell it on.

 

Cheers

Rob

[moonwhich7]

Have been looking desperatly on the site to find something that might help me. But, havn't found anything that is solid yet.

 

I am bumping my thread.

 

I have to try and stop them selling somehow.

 

When they sell it on what happens? Do DCA's starting knocking on the door? Do the phone calls start again ?

 

What do I do first if I can't stop them selling?

[lexis200]

Hi moonwhich

 

Can you do as rob has offered and send him the scan to upload here for you, or are you not comfortable doing so? Perhaps as suggested you may feel better asking a mod to do the same?

 

I really think you need to get some people who know looking at the document they've sent you to ascertain if there is anything for you to be panicking about. If you then find out they have diddly squat, the panic will be replaced by anger/incredulity at MBNA and it will help you deal with them more easily.

 

I do appreciate you must be worried sick about your mum, especially if you're not with her, but it is very rarely as bad as it seems.

 

The banks really are a bunch of toothless tigers with getting their money, hence the massively threatening tactics they use - it's designed to frighten you into paying without questioning them. All very easy to say I know, and even after doing this myself, and knowing what I've said is true, I still have days when I feel I'm just done with it and can't keep banging my head against a very scary brick wall. However, and this is the big point that will help you - you will also have many days where you are confident enough and brave enough to tell them to screw it. At them moment it doesn't seem like you have that little let up, and that's going to be making it so much harder for you to cope with them.

 

If the debt is enforceable and does get sold on, you still don't need to be panicking. Yes, it's a horrible thing to happen, but you may find a DCA slightly easier to deal with and sort out a payment plan with. My experience is obviously personal to me, but we've had a few debts passed on - two of which went to Cabot and Westcot. If you look around the forum you'll find no end of people tearing their hair out about how they've been treated by these companies, but for us they were very helpful - far more so than the OC had been! Another went to Connaught Collections, but they were dealt with after a few letters. They were stubborn to begin with, but gave in in the end - certainly easier than MBNA.

 

Please don't despair - try and get that scan up somehow and at least get an answer one way or another. At the moment you're in limbo imagining the worst, and that's no good for you.

 

Lexis:)

[shakespeare62]

They really are not allowed to threaten your mum in this way and certainly are not permitted to suggest she remortgage her house to pay an unsecured debt...especially in the current housing climate.

 

I am sure someone with more knowledge will be along soon to advise you, but I would think a call to Trading Standards is called for.

 

Also referring to robcags comments in post #22. MBNA threats to sell your house constitute OFT debt collection guidance (July 2003) :-

 

quote :-

 

Physical / psychological harassment

 

2.5 putting pressure on debtors of third parties is considered to be oppressive

 

2.6 Examples of unfair practices are as follows

.....

b. pressuring debtors to sell property, to raise funds by further borrowing or to extend their borrowing.