MBNA credit card - Lowells/Red/Hamptons - so scared

[citizenB]

Well the non compliance of your s78 request means there is definitely a dispute - so they should not even consider taking legal action.

 

I am not sure whether you should send any further letters at this time - perhaps wait and see what others have to say.

 

Are you still receiving phone calls ?

[posh64]

Hi CitizenB...its weird you know just thinking about the lack of phonecalls today and yesterday - in fact I dont think I have had any since Thursday of last week.........

[Bazooka Boo]

IMO I would print this off and if you have still not received anything by Friday, then I would put it in the post, 2nd class and get 'proof of posting'. Then sit back.

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[LadyTara]

Hi I am so worried -

 

I live on my own and have noone to turn to. Baiscally without getting into a long essay I took out a MBNA credit card in 1998.

 

Ex partner used the card but paid monthly up until the last payment march 2007.

 

We stopped getting statements and after spending hours on the phone aguing with them about non statments I gave up. My credit file now says £2000, defaulted November 2007 status history 8...

 

I never recieved a default notice or heard anymore from them. Partner and I spilt up and we both moved in late 2008.

 

Have been renting until last year when I got a mortgage. In 2010 started getting letter sfrom Equidebt offering massive discounts - getting a letter once a month or so. I ignored becouse the card number they refer to is completly wrong.

 

Then all went quiet......now I have had an Assignment letter sent to me from Lowell Portfolio. Then a month later another from Red Debt stating they are going to look at my Credit file for assets -

 

I have a car which I need for work - value is about £1400 and am on 30 hours a week at £6.50 per hour!

 

So I struggling to say the least! Have composed a letter to Lowell requesting copy of original signed CA containg prescribed terms and not addmitting to debt. Sending £1 PO etc etc.

 

I am pulling my hair out here as I have spent hours reading that their Solicitors are likely to send out a SD - so am I right in thinking that I should send this letter ASAP before they do their bit?

 

Please help me......this debt will be SB soon wont it am I right in saying a month after the last payment date - so confused.

 

 

 

****Oh please. do not tell me that you did not know that your account was in arrears and was not paid. Even if your ex partner used to make payments the account was still in your name and you were responsible. A collection letter goes out once a month and you would have also received a Notice of Default letter ad a Termination letter itself; and plenty of phone calls. You were no longer getting statements as your account had defaulted due to none or insufficient payments. And I can bet that you did not even change the address knowing you had a balance outstanding. When you ''argued'' with them about your statements you must have been told about the default and that you would no longer get them. Instead of arguing you should have listened to options available. Now the debt has been sold. I would not ignore them as that will not give you a piece of mind you need. Your are stressing out over nothing really. If you cannot pay you cannot pay but do not ignore them. Contact them and say that you are in financial difficulties and give them your financial statement. tell them how much you earn and how much you spend on living expenditure. They will work out how much you can afford to pay and even if it is a pound they will have to be happy with it. Ask them to stop interest and fees if they are applying any. Tell them also that you are stressed out and not feeling well. They will treat you as vulnerable customer. As soon as you start cooperating they will leave you alone. If you sort it out you will be a lot calmer. Do not think they will take your car away as you need it for work.

[Bazooka Boo]

YAY!!!!! Is this the first troll of 2013??

 

You can ignore the above post in it's entirety.

[posh64]

Hi - will ignore troll 2013 - sound as though they work for a DCA....

 

..but for the record Tara I am not ignoring this and the account is in dispute and I do not recognise or acknowledge it

and to set the record straight the account number they refer to is wrong.

 

I am not a liar and when the time is right I will be requiring MBNA to produce the telephone recorded calls I made requesting statments (for 8 months)

should this go further as they claim all their calls are recorded.

 

I would also like to point out that the default is set at 8 - and I NEVER received anything.

 

Perhaps Tara would like to look up what default 8 means!

 

I came on here to get help and guidance and am very grateful for the support so far received.

 

I will too be donating to the site once this is all over as I think that the team are fantastic

 

- never judgmental but wise and are clearly passionate about this site

 

- even if this does blow out of the window for me I know I have their support.

Edited January 16, 2013 by posh64

[posh64]

thanks Boo

[Bazooka Boo]

- never judgmental but wise and are clearly passionate about this site

 

Not to those asking for advice and support.

 

Unfortunately for DCA's there is nothing for anyone to judge, they have made that decision easy, they are nothing but unqualified, uneducated, powerless, playground bullies, IMO.

 

Heres my new spray...

[ATTACH=CONFIG]40708[/ATTACH]

Edited January 16, 2013 by Bazooka Boo
Try out my new Troll Spray!

[posh64]

Boo you do make me laugh! Thanks again.

[closetofreedom]

As a non-troll can i just ask...

Is Lowlife's excuse about asking MBNA for paperwork genuine or just bs stalling?

Would Lowlife's not get a big box of paperwork when they buy the debts or does it just stay with the original creditors by law?

Also it seems incredible to me that so many large companies fail to provide the original credit agreement. It's such a basic thing and can play a fundamental role in whether they are repaid or not.

It represents incompetence on a truly staggering scale. I know there are a lot of mortgages and loans in the world but that paperwork wouldn't take up that much room when compared to lost revenue.

[BRIGADIER2JCS]

No not stalling, debts are sold in ''bulk'' with only the very minimum of data, certainly no documents such as agreements.

 

Mostly just name & address of debtor, name of creditor amount owing and that's it.

[closetofreedom]

Thanks for the quick reply. You are a fantastic team on here.

You seem to have helped Posh64 no end and should be very proud of your actions.

Carry on!

[posh64]

Hi closetofreedom - loving the ID...you raised some interesting points

[ken100464]

Sometimes you will come across a DCA that realises that the OC has sold them a big fat lemon and they are none to pleased about it.

 

The more you read the more you research the more you gain knowledge you realise you are caught up in a very odious web of lies and deceit.

 

You are nothing to Lowells other than a line on a spreadsheet. A reference and an amount. You are just a number nothing more.

 

If you were human and they had to treat you as a human then places like CAG wouldnt need to exist. But treating you as an individual needs staff lots of them and staff cost money and salaries cut profits.

 

Far easier just to have drones who threaten lie and cheat to extract money. Minimum wage boys who have illusions of grandeur but they themselves are just one life event from being on the receiving end of one of their present chums demanding money with menaces.

 

When you realise debt is personal to us but a number to them life becomes clearer.

[posh64]

Update

- received a letter about a week ago saying the account is now closed as they cannot produce the documents for the CCA request. Great!...

 

....but what happened to my £1?......hmmmm....nice little earner for them isnt it?

- for every 100,000 people who pay over this CCA fee

 

I wonder how many of those £1s actually get processed to original creditors for the required agreements

- or do lowlife just bank it and then spill out letters claiming they are chasing OC.

 

...hmmm...still not convinced this is over

 

- but will sleep better tonight I am sure......

 

.................still want my £1 back but wont beg

- they probably need it for envelopes to harrass other folk.

Edited February 20, 2013 by posh64

[Bazooka Boo]

No No No! Write back demanding your £1 be returned, failing which you will issue a claim via the small claims track.

 

What they do is use it on the alleged debt, which in turn will reset the limitation period, or so they like to believe, so demand they return it, or at the very least ensure you have the exact dates you requested the CCA, just in case some other retch tries to con you and make believe it isn't SB in the future.

[posh64]

Ok thanks for that - the CCA request did state £1 was not to be used for anything other purpose other than the request to supply agreement etc....or to return it if they could not comply- - - - is there a template letter I could use anywhere...cheers

Edited February 20, 2013 by posh64

[Bazooka Boo]

Don't think there is a template, you could try,

 

Dear Bill&Ben,

 

Thank you for your letter dated dd/mm/yyyy the contents of which are noted.

 

Unfortunately you have failed to return the £1 postal order which was enclosed with my request for the CCA, being the statutory fee.

 

I look forward to the prompt return of this, and in any case within 14 days from the date of this letter.

 

Regards.

 

[PRINT NAME]

[posh64]

should I include will make complaint to OFT if they do not return £1.

[Bazooka Boo]

You can if you wish, but even if you don't it doesn't stop you from making a complaint to the OFT&TS. Threatening them with the OFT is a tired threat nowadays, as they don't bat an eye lid anyway.

[posh64]

Update - well its 31 days now since my letter (signed for delivery) demanding my £1 CCA fee back

...I gave them 14 days to return it. And guess what I have received zilch!

[citizenB]

You should keep your copy of the letter you sent requesting the money back - it is likely they will have credited this money to the account in order to mess up any statute barred timing. In fact they are wrong, and it wont.

 

You made it quite clear what the £1.00 was for - if they have indeed credited it to the account, it is an unsolicited gift.

[Bazooka Boo]

Formal complaint to the OFT&TS.

[posh64]

This was the paragraph in the CCA request letter that I sent to them....I enclose a £1 postal order in payment of the statutory fee payable under the Consumer Act 1974. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

 

Then I sent this letter requesting the return of the fee....dates blanked out....

Your reference: Ref........................

I DO NOT ACKNOWLEDGE ANY DEBT TO LOWELL OR ANY COMPANY YOU CLAIM TO REPRESENT.

Thank you for your letter informing me that you have closed the above account.

I have noted that you have not returned the Statutory Fee £1 postal order I sent you on ............................. This may be an oversight on your part. In my letter it clearly stated that if you were unable to supply the documents that this fee was to be returned and not be set against any alleged debt.

You have failed to produce the required documents and subsequently closed the account, therefore I am requesting you to return the payment within 14 straight days of the date ofthis letter. You are also advised that if you do not comply with this request with in this set time I will have no hesitation in making a formal complaint to TheOffice of Fair Trading and will forward all future correspondence from you or your associates to them. After the return of the said fee I will not enter into any further discussions with yourselves for any reason but will forward to OFT for their perusal. Kiss kiss:|

 

 

 

 

 

Edited March 30, 2013 by posh64

[citizenB]

If the 14 days are gone, then you should make your complaint to the Office of Fair Trading.

 

They have a complaint form on their website