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Eversheds Letter

Hi,

My dh has today received a letter from Eversheds regarding an MBNA account, saying we owe £225. There client is Arrow Global LLC.

They have said we have until 3rd April to pay or they will either take us to court or send a debt collection agent to us.

Not sure what to do, as dh is on a DMP with CCCS and this was not included in our debt. We have been on the plan for 2 1/2 years and included all outstanding debts. We thought our MBNA card was clear.:confused:

Any advice on next step as we have not got the amount to pay them in one go?

Thanks
«1345

Comments

  • 10past6
    10past6 Posts: 4,962 Forumite
    dollydo wrote: »
    We thought our MBNA card was clear.:confused:

    Send them the following letter

    Dear Sir/Madam

    Account no:

    You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

    I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

    I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

    I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

    Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

    I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

    I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

    I/we look forward to your reply.

    Yours faithfully
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • pepe2008
    pepe2008 Posts: 5,158 Forumite
    If you are sure that your card was clear then there should be no problem.
    Tell CCCS, then write to Eversheds and tell them that you have told CCCS and say that they need to send proof of the debt to CCCS and that you will not enter into any further correspondence with them until this has been done.
    Reminding them that you do not acknowledge this debt in any way, of course.
    :D:D stay wonky :D:D

    ....one-way ticket to Portugal booked !
  • dollydo
    dollydo Posts: 135 Forumite
    Hi ,

    Thanks for the responses. I can't find any statements from MBNA, so cannot be 100% sure that it's clear. But haven't heard from them in years. 10past6, who do we send the letter to, Eversheds or MBNA?
  • tattycath
    tattycath Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts
    When you send the letter do NOT sign it-print your name.
    GE 36 *MFD may 2043
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  • RAS
    RAS Posts: 36,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dollydo wrote: »
    Hi ,

    Thanks for the responses. I can't find any statements from MBNA, so cannot be 100% sure that it's clear. But haven't heard from them in years. 10past6, who do we send the letter to, Eversheds or MBNA?

    How many years. if it is more than 6 years, the debt is statute barred.

    And MBNA are notorious for not having the correct legal documentation.

    Send your letter to Eversheds.
    If you've have not made a mistake, you've made nothing
  • dollydo
    dollydo Posts: 135 Forumite
    I think we stopped using the account on 2004, but can't be sure, as we cleared some of our debts. Is it still ok to send the above letter or do I send a CCA request. Didn't even know that the account was still active, let alone gone to Arrow Global.
  • 10past6
    10past6 Posts: 4,962 Forumite
    dollydo wrote: »
    10past6, who do we send the letter to, Eversheds or MBNA?
    RAS wrote: »
    Send your letter to Eversheds.
    ;)
    Thanks RAS
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • RAS
    RAS Posts: 36,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Send the prove it letter from 10past6.

    What you may find is that 2p was outstanding for interest and they have been adding late charges or PPI ever since.
    If you've have not made a mistake, you've made nothing
  • dollydo
    dollydo Posts: 135 Forumite
    Thanks Ras,

    what happens if this turns out to be the case. Will they send us a statement and what are we legally entitled to pay? Can we just pay the interest amount? Will send the letter recorded delivery tomorrow, ( no signature!), but will they send someone round to our house (we live on a very nosey estate) or start legal action, even with the letter?

    Thanks for all your help. I am trying to remenber all the inofrmation I receive here, but my brain in not that big !
  • RAS
    RAS Posts: 36,138 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    if that is the case, you immediately start action to reclaim the charges and PPI. But the chances of a legal document being produced for MBNA are slight.

    We saw one last week and I think that is a first on here.
    If you've have not made a mistake, you've made nothing
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