Letter from Mercantile Data Bureau (HELP NEEDED)

[angry cat]

Head up your letter:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR, ANY COMPANY THAT YOU CLAIM TO REPRESENT.

[hungrybear]

what i've just posted here may help:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/229212-6-cca-letters-ready-6.html#post2626692

 

oh and its debt not dept!

 

you need a bit more meat on the bones so to speak. ave a look at the link. Dont want to post the same thing twice!

[angry cat]

2. Notice of assignment from the OC compliant with the Law of Property Act 1925"

 

Personally, I would re-phrase that e.g:

 

I trust that the alleged debt was legally assigned.

Please provide to me documentary evidence providing proof of this purported legal assignment.

 

You should also ask MDB;

Are you, the creditor?

[nickformbristol]

Ok thank you all for your help, i will give the letter a rethink and post it for all to see.

[nickformbristol]

Hi Guys,

Posted the letter off 11th Dec 2009, saying i needed proof etc basicly what i drafted in my earlier post.

Now have received a letter from Aplin Stockton Fairfax Solicitors, i will post the letter up.

 

I presume this solicitors are just another name for MDB as is Hillesden Securities which are mentioned in the letter

[nickformbristol]

[nickformbristol]

Let me know your thoughts but i think just another standard letter stating they need to provide :

 

1. Fully compliant and enforceable agreement - 127(3)

 

2. Notice of assignment from the OC compliant with the Law of Property Act 1925

 

3. A true copy of any default issued by the OC under 87(1) that would allow the enforcement and sale.

 

4. Any termination notice issued under 76/98

 

5. Full statements of account and a breakdown of how and why you believe the sum allegedly owed is accurate.

 

ETC before i even consider acknowledging the debt

 

Many Thanks Again

[Pinky69]

Head the letter "Without Prejudice". I personally would add another heading to that "I do not acknowledge any alleged debt to MDB or any other companies in the Faccenda Group." I wouldn't put in the bit about considering acknowledging the debt - you aren't - and it makes you sound as if you are wavering. Sock it to them - they don't have anything to court with.

[hungrybear]

for what its worth, I agree with pinky

[nickformbristol]

Thanks guys again, i will let you know if these clowns come back with anything.

[Huff&Puff]

You also have grounds to report them to Trading Standards and the OFT for continuing to enforce an alleged debt that is in dispute.

[nickformbristol]

Hi Guys,

 

I have not heard a peep from these clowns since sending this letter to them, i gave them 14 days to respond with the information i requested. I am assuming they won't respond with any documents. Do I then send then account in dispute notice telling them they can not transfer the debt, or mark my credit file etc?

Whats your thoughts?

[Pinky69]

My view is to only respond to them - the least you say to them the better. No doubt they will contact you again and that is the time to send the Account in Dispute letter.

[lookinforinfo]

Nick, I know this is a worry for you but hopefully what I am about to say will relieve some of your stress.

First, they need to have a valid executed agreement in their possession. Just because they have sent an agreeement does not mean it is enforceable in a Court of Law. There are quite a few things that can could be wrong with it, even assuming it is not a reconstruction.

 

Second, before they can take you to Court they have to send you a Default Notice which also must be valid. Once again there are several different details that must be included in the document, and if they are wrong or missing will stop the legal action in its tracks. As is also the case with the executed agreement.

 

Third, assuming both documents are 100% valid [there is a good chance that one of them at least has problems] then to avoid going to Court you may be able to come to a financial agreement with them to pay a certain amount each month.

 

Fourth, if you then make financial offer each mohth to repay which is not enough for the creditor, you may end up in Court. There the Court will look at your incoming and outgoing monies and come to a decision about how much you can afford each month-and it can be as low as £1 to £5 a month if that is all you can manage. [This will however be a County Court Judgement]. It is important that you do not offer more than you can realistically afford since as long as you adhere to the amount agreed by the Court, they cannot apply for a Charging Order.

 

Even if you are unable to comply with the Court payment requirement at a later date, they will still have to take you back to Court before they can be granted a Charging Order. And it is still possible to successfully argue against having the Order applied then.

 

So you are a long way from getting a Charging Order as yet. It is not as simple as creditors make it out to achieve. They give you the impression that it is all but a done deal, when in reality, if you know what you are doing, and keep us in the loop it should be very difficult for them to be granted.

Edited January 4, 2010 by lookinforinfo

[nickformbristol]

Thanks guys for your great advice, it is such a worrying time for a lot of people on here and it's great support we get from you all.

 

I have received a letter today from Hillesden Securities which i would like you to take a look at, reading into it i don't think they have a lot, they haven't truly clarified what i was asking them.

 

This is what i asked them.

 

1. Fully compliant and enforceable agreement - 127(3)

 

2. Notice of assignment from the OC compliant with the Law of Property Act 1925

 

3. A true copy of any default issued by the OC under 87(1) that would allow the enforcement and sale.

 

4. Any termination notice issued under 76/98

 

5. Full statements of account and a breakdown of how and why you believe the sum allegedly owed is accurate.

[nickformbristol]

[nickformbristol]

Guys can anyone give me some advice on this letter

[Huff&Puff]

I agree with you, they don't have a valid agreement and are going to rely on BS to try and get you to pay. I'd jut ignore the muppets for the moment.

[lookinforinfo]

All that assignment letter says is that they may have done some business with Abbey in 2007. It doesn't mention your account was included. In the absence of a specific assignment notice , I would advise against paying any money to Hillesden. If you get a letter from Abbey confirming the transfer fine.

If I knocked on your door and said Abbey had transferred your debt to me, now pay up-would you- without checking with Abbey?

 

Just sit tight and wait. There is nothing they can do while they are in breach of your request without putting their Consumer Credit Licence at risk.

[nickformbristol]

Hi Guys

Can you give me some advice on the letter below, i would like to send them a letter back to finish it once and for all.

 

Some thing like they have had since 11th Dec to answer my request and they have still not done it so P**s off or words to that affect.

 

If any one has a template i could adapt that would be great

[nickformbristol]

[lookinforinfo]

It means that to date, they cannot find your original agreement. Until they do they are in breach of your CCA request and are unable to take you to Court

to force you to make payments. This situation will continue until they find your agreement.

[Pinky69]

You are not going to finish it once and for all for now and there is no template. What you will have to do is wait to see what they send - and they will send something eventually - then you can dispute it. The letter above is harmless - ignore it. They cannot do anything and they cannot pursue you for payment without an agreement so relax and let them waste their money on time and stamps - you don't need to reply.

[chilli_bird]

Sorry to piggy back off your thread.

 

I have received my letters the other way around....From Hillesden saying we will update you in 21 days blag blah blah...

and now my first letter from MDB saying they have been instructed by Hillesden to collect the debt which is in dispute with Hillesden.

 

Shall i Ignore?

[nickformbristol]

Yes ignore it and let them waste there time and money, MDB and Hillensden are both the same company.