What to do next?

gray78

I have today encountered a problem regarding a credit card with MBNA. I had ran into difficulties but had spoken to them and had an arrangement that I would pay less per month until I got back on my feet.

This arrangement was over the phone and on 3 occasions I then received a call from MBNA that they wanted more money from me as they had changed the agreement (without me being told).

Today I received a call from another company telling me to pay the full amount by 8pm. However it took me a couple of minutes on the phone to even discover it was regarding MBNA as at first they mentioned an alternative company and my account with them.

This is the first I have heard about my debt being sold even although it has been sold twice. The first I have heard from this company (Clarity) was today when I was given this deadline and told if it wasn't settled by 8pm then their lawyer is taking over tomorrow morning.

First of all what should be my next step? Secondly can I argue against how this is being handled due to any legislation?

Thanks

RAS

Hi

First off, if a DCA is trying to pressure you into paying a debt immediately, then there is a reasonable chance that the legal documentation is not in order. If you pay up, you hav not chance of recovering the money; if you take advice, you may find this out, so they want to panic you into paying without checking.

Ask yourself if you should ever pay someone who rings out of the blue and demands money without providing proper documentation?

If if were to go to court, then you would be required to pay what you can afford, which seems to be what you are doing anyway.

So take a deep breath and if they ring again tonight, refuse to answer the security questions and avise them that you will be requiring them to turn up the proper documentation before you pay a penny.

More coming.

RAS

Hi CCA letter below


Send it registered post, with a £1 postal order and do not sign it, just print your name.

This effectively places the debt in dispute. Clarity then have 12 working days =2 before they are in default.

After another 30 working days, you can tell them to get lost, although if they ever come up with the documentation, you will have to pay.

If they do not produce it, you can pay what you want, or not at all, although, if there is no default on the account, you need to be aware that one may still be entered.

What they cannot do without the CCA is take you to court, as there lawyer will advise them.




Dear sirs

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 20 December 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully

gray78

an update...I just had another phonecall from Clarity and I got more information out of them as to what is going on. It appears the debt was sold to another company who is now using them to get the money.

However when I told them I had never heard of either company until my previous phonecall and asked her if she would pay money over the phone to a company calling out of the blue her reply was to ignore it and repeat how I must pay them the money. When I told her I have had nothing in writing from them their reply was they had sent out a letter and that if I don't pay it will go to court and I will get all legal costs thrown at me on top of the debt. (however my thoughts are that since I know I never received anything in writing from them then they must have sent by normal post and not recorded therefore there is no evidence of a letter ever existing)

So what should I do? To say the tone was quite threatening is an understatement regarding the court issue, credit rating, costs etc Does the above letter still apply? I accept I have arrears which I'm willing to come to an agreement with however their idea of an agreement is way above what I can currently afford even after me explaining my current situation regarding work. Basically they want 30% of the debt paid off in 1 go and not a penny less or it's off to court.

Any help or advice is warmly welcomed

dancingfairy

RAS' advice still stands. Basically they will bully you into paying it -whatever happens. They don't care. Do not be threatened by them. Stick to your guns and send them the letter saying prove I owe you money. Don't sign the letter or you may suddenly find they have copied it onto documentation. Do not worry about court - it's all threats and the judge will look at your situation and order you to pay what you can which is what you are doing anyway (if they can find the correct paperwork). Do not send any money to any company that phone you threatening stuff.
Do not speak to them on the phone as they will just become more and more abusive - tell them to put everything in writing.