MBNA CC Debt

[bomberbear]

Hi everyone,

 

I need help with Ff Solicitors and a debt they have written to me about that Max Recovery have.

 

The debt relates to a CC that they say is in default since Dec 2005, i have not had anything from anyone and have not had any default notice served, they contacted me by letter a few weeks ago stating i owe XX amount and that it was payable immediately ! as I can not pay they say i need to provide their I&E which the deadline is up very very soon.

 

Do I have to comply with this ? I have read a lot of threads on here over the last few weeks and they all seem to go back before a court ruling in March this year and i have not been able to find any upto date ones.

 

I would like to CCA them and also SAR are these still recommended courses of action as I have not acknowledged the debt as the amount is far more than i think they might be referring to.

 

I have not made any payments or acknowlegments towards this since before the alleged default

 

Please help as we are getting really desperate.

 

Thank you

Edited November 26, 2010 by bomberbear

[gh2008]

Have you made any payments since December 2004?

[bomberbear]

Yes I think the last one was around May 2005, but none since,

[maroondevo52]

Any idea how many charges are on the account ?

[bomberbear]

Hi MaroonDev

I can only guess around £2000 but can not be certain

[maroondevo52]

The charges are re-claimable, you'll know the total when they comply with your SAR.

[bomberbear]

MaroonDev I have not SAR'd them yet as only just been reading through all the threads and i didnt know if sending in a CCA and SAR request was still recommeded, my plan is to send in a CCA request and see what they come back with, then send in a SAR, would you recommend doing it and if so in that order.

The letter from the solicitors just came out of the blue and really shocked us.

We had a statement from MAX recovery around this time last year saying no payment required and then the letter came earlier this month, MAX also sent another statement.

We tried an IVA in 2005 which failed to get agreement and believe this was with Eversheds.

[gh2008]

Send them the 'prove it' letter and SAR the original creditor. Send the SAR asap and the 'prove it' letter within a reasonable time - 10 days or so?

 

That will get you all the info you require

[bomberbear]

Thanks GH, I have until 1 Dec to get the I&E form to them shall i hold off on that for now ? do you have a link to the SAR and prove it letters as I have searched on here and nothing comes up and looking through the posts there are loads of them but i dont know which is the best.

 

Thanks for your help

[bomberbear]

I have now found the templates, would i also need to SAR MAX Recovery.

[gh2008]

SAR the OC to begin with as that will throw up 99.9% of the information you need.

 

You DO NOT have to send ANYONE an I&E unless ordered to do so by a Judge so just ignore them.

If the letter ping pong lasts till May then it will be statute barred anyway.

 

As MaroonDevo said, get the SAR off asap

 

don't let these people get you down though - they are *really* not worth it, and when you start fighting back and rip their case to threads they will go crawling back under the stone they came out from.

 

jmho though, but usually once these accounts are this age they are generally unenforceable, someone buys them for a few pence in the £ and then sends off the stream of threat-o-grams. Just keep all the correspondence safe and in date order.

[bomberbear]

Thank you gh2008 you have been a great help, I will get the SAR off tomorrow

[bomberbear]

Hi all and Happy New Year, well I sent off the SAR and then the prove it letter, we had another letter from the solicitors saying they have been instructed to take further action but this was sent before they got my prove it letter. They said they would send DC round and court action etc. I have since received a letter asking me to contact them regarding a significant discount but i have to phone and do so within ten days !!

I have no intention of phoning but they have ignored my request not to contact me unless they have proof.

 

Both the SAR and the prove it letters have been received as they were signed for, i still have a few weeks on the SAR but what should i do now about the solicitors, again your expert help would be gratefully received.

[bomberbear]

Bump

[gh2008]

Politely thank them for the letter and point out that you are still waiting for them to reply to your own letter and their client to comply with your SAR request.

[bomberbear]

Thanks gh, I will get it sorted.

Once again I really appreciate the help.

[bomberbear]

Gh would it be worth sending a CCA to the DCA aswell

[gh2008]

Oh yes ALWAYS!! there are still cases won using a simple S77-79 request if the creditor cannot comply - also useful if it turns up anything different from any other paperwork you may have as the term 'true copy' then takes on a new meaning ....

[bomberbear]

Well had a reply from the SAR today and it seems that they have their bases covered, can someone please take a look at the images and providde some guidance please, they also sent some terms and conditions extra to this what i believe is an aplication that look as though they are the ones in use today as they speak of 23.9%p.a on everything then 2.00% (minimum£2.00 maximum £35.00 handling fees on transactions.

 

Again your help is greatly appreciated.

[bomberbear]

There is also just over £1k charges on the original debt by the OC, should I now admit the the debt and try and have the £1k taken off or should I send the letter to the DCA saying the have still not replied to my prove it letter even though they will eventually get it from the Original creditor, unfortunately I am not in a position to pay it off in a lump sum as they have written to request I contact them for a significant discount.

[bomberbear]

Bump

[gh2008]

they're a little on the small side to be legible .....

[bomberbear]

Hopefully these are better

[bomberbear]

Sorry they are still no better, is there any other way i can upload them as i have tried TIF files but the uploader wont let me do it, if not i will type it out tonight.

 

Many thanks

[frettful38]

Try using photobucket create an account and you can use that to upload your stuff on there.