What do I do ??

hmm_3

I defaulted on an Mbna loan about a year ago. I was in a big financial mess, this wasn't the only debt - but it's the one I'm asking about here. Mbna sold the debt on to a debt collector about 3 months back.

I wrote the standard letter to the debt collector not acknowledging the debt, asking for a statement, notice of assignment with the £ 1 fee. This was suggested by a money advisor at the CAB who said that Mbna are notorious for not having paperwork. Now before any one jumps on me - I want to get a reduced !!!!!! on this debt and if they couldn't 'prove' the debt I thought that would help my negotiating position.

They got the recorded delivery letter, cashed the PO and telephoned me saying 'we can't accept your £ 1 p.m. offer '. So they are totally ignoring the contents of the letter ( but got it or wouldn't have known who paid the £ ! )

My dilemma is this : I actually want to write offering the !!!!!! i can offer and say that's all there is. But if I do that I acknowledge the debt. If they go to Court I've said the debt is mine. If I don't write with the offer and they go to Court, then I can prove I've asked for proof and they haven't supplied it.

In my eagerness to 'sort' this debt out with what I can afford - I don't want to screw anything up that could come back to bite me.

skintchick

WRite to them again, keeping a copy of the letter, send it recorded, saying the £1 was NOT offer of payment, you do not acknoledge debt, etc, repeat what you said before.

Also, tell them you will only deal with them in writing - don;t speak to them ont he phone.

What did you say when they called you?

hmm_3

skintchick

I'm not going to do it again, I've got a copy, it went recorded ( got the thingee ) they cashed the PO ( PO letter confirms ). Like I said they wouldn't know what account the PO was for - unless they had the letter. So they got it but just BLATENTLY ignored what it said. I've got my proof, they can bull*hit as much as they want.
Trouble is I want to sort it out. If they'd a) provided it or b) said they couldn't, I would be on the phone to them with my !!!!!! offer. If it was b) I could say 'it's this or see you in court'. If it was a) well I'd rethink my approach.
But it's neither. It's deliberate obstruction. Back to the question - I've been thinking - I'd be a mug to write to them making an offer or sending an I&E as I'd be accepting the debt so ............ what if I just made the !!!!!! offer over the phone ? At worst they'd reject it. I still wouldn't have 'in writing' accepted the debt.

I said the £1 wasn't a monthly payment - it was the stat fee required under whatever Act ( grabbed my letter ). I was entitled to the info, they had to provide it, they were just deliberately refusing to comply with the law. But to be honest skintchick, it was like talking to a brick wall. That's why I'm not going to write again, it doesn't matter how plain the letter is - they just ignore it. Btw the letter was the one off this site, you know the one ? kind of hard to misunderstand.

Thanks
What do you think ??

Northernbird_2

Most companies record telephone calls for 'monitoring and training purposes'. If you rang them, it's likely they'd be able to pull the recording of the call if they needed to.

If it was me, I'd send another letter recorded delivery as suggested (maybe even send another £1 cheque). If anything, it would show that you made a concerted effort and they didn't respond despite cashing both cheques. For the sake of a stamp and £2, it could be worth it if it came to court for example.

skintchick

I agree. You must write again. Even if it is a brick wall - it puts you in the right which is where you need to be. Dont; play ball with them until they do with you.

hmm_3

Ughhhhhhh

As you said Northernbird it's just another £ 2 to do it again, so I will.

But now I'm in a quandary. If I make a !!!!!! offer ( whether phone or letter ) I'm acknowledging it. But I DO want to pay it - just a reduced !!!!!! that I can afford. How can I do it without acknowledging the debt ?

skintchick

You can't! Either you want to acknowledge it, or you don't.

If you want to offer full and final then just write and do it, recorded of course.

Xbigman

I agree with others, you need to pursue the line asking them to prove the debt. If they can't then you legally do not owe it. If they do prove the debt then that is the time to offer a full and final.
Regards



X

Loretta

Xbigman wrote:

I agree with others, you need to pursue the line asking them to prove the debt. If they can't then you legally do not owe it. If they do prove the debt then that is the time to offer a full and final.
Regards



X

I am not sure but I think if you ask for this information and send your £12 they have a time limit on how long they take to send it, maybe 28 days.

I would write one more letter, recorded, do not enclose £1 and say that you sent the £1 for the information, they seem to have misunderstood, that you want the information within the legal timeframe, someone on here will tell you how long that is, and if you do not get it you by- date- you will presume that they do not have this proof and you will consider the matter closed. Insist all future contact is in writing, no more phone calls

Do not get over involved in this, ask for what you are entitled to, give them a time limit, you have then put the onus on them to do what they are legally obliged to do and that is it.

Keep a record of all phone calls and letters from them. If it ends up in Court they will not look good if they have not strictly followed the letter of the law. You are only a person you cannot be expected to know all the legal points, this is their job and there are obliged to know and follow strict guidlines

There seems to be a lot going on about all this at the moment and Trading Standards are very interested to know about these situations

hmm_3

An update to the above. I rang DLC last week to ask about and was taken aback when they said they were getting the documents/information and would send it on. It's been 3 weeks since the original letter but I thought fine, I'll wait till I get it. Well today I got one of those postcards saying call us we want to arrange a 'representative ' to call and see you next week. Is it worth calling them and saying 'no' I'm still waiting for your documentation ? And also if/when it does come should I see this 'representative' ? I know from this forum not to let a bailiff in because they can then re-enter whenever they want, but I don't think the same applies to a debt collector ie if you let them in once they have no automatic right to demand re-entry again - is that right ?
Any response/experiences appreciated. Thanks.

Contains_Mild_Peril

hmm wrote:

Is it worth calling them and saying 'no' I'm still waiting for your documentation ?

I'd say yes. I don't think you should see their representative as an alternative to written communication. It could be hard to prove what was said afterwards, and you could be misrepresented, or the representative might try to trick into saying more than you should. I'd contact them again and ask for the paperwork before going any further. Try to keep communication in writing as much as possible.

I know from this forum not to let a bailiff in because they can then re-enter whenever they want,

Like vampires? :eek:

but I don't think the same applies to a debt collector ie if you let them in once they have no automatic right to demand re-entry again - is that right ?
Any response/experiences appreciated. Thanks.

I think you're right on that point, but I'm not 100% sure.