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Eversheds Letter

245

Comments

  • dollydo
    dollydo Posts: 135 Forumite
    Have still been worrying about this letter all night (sad I know). I am really worried that they will send someone round to my house. What are the chances of this? Do they have to give you warning of this and what rights do they have?

    I am going to send the prove it letter to them recorded delivery today, (thanks 10past6 and RAS) but I don't expect this is the last we have heard from them. Luckily they don't have any phone details for us!

    Are MBNA allowed to sell a debt on to Arrow global and then to Eversheds without us ever receiving any paperwork on it- or statements showing we owe anything.
  • lemma1968
    lemma1968 Posts: 1,379 Forumite
    I asked for a CCA from MBNA and they sent me someone else's!!!:eek:

    No apology or anything when i told them.

    Still not got mine 2 years on.
    2013 TARGET £30k
    2012 £26500 paid off.
    2011 £22750 paid off
    2010 £19800 paid off
    2009 MBNA Cleared 25.09.09 £34391.33 PAID OFF
    DFW Nerd 612 Proud to be dealing with my debts
  • dollydo
    dollydo Posts: 135 Forumite
    Hi,

    We have today had a response from eversheds. I sent the the letter that 10past6 suggested on 28/3 by recorded delivery.

    Today, we received a letter saying we have failed to pay the sum by the 3rd April and we must call them immediately to offer repayment. They state they will either send a debt collection agent round, start legal proceedings and send a baliff round, get on attachment of earnings order or charging order or finally a order to obtain information.

    What do we do next?

    We though we had paid off MBNA in 2006. And have heard nothing from anyone in this time. But it appears that Eversheds client is arrow global.

    HELP - What do we do next. Shall we phone them?

    Do not want a CCJ for £225.37, but don't have the money to pay them as we are currently on a DMP with CCCS. Shall we offer to include them?

    Any help please!!!!!!!!!!
  • tattycath
    tattycath Posts: 7,175 Forumite
    Part of the Furniture 1,000 Posts
    It's best to keep correspondence in writing-so whatever they say you will have in writing. I don't recommend phoning them.
    GE 36 *MFD may 2043
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    2020 Jan-£40-feb-£18.28.march-£25
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  • 10past6
    10past6 Posts: 4,962 Forumite
    dollydo wrote: »
    What do we do next?
    You've informed them you have no knowledge of the alleged debt, the onus is on THEM to prove the debt, you can do no more until they make the next move.

    If they instigate litigation, then you have grounds for a counter claim, I suggest you ignore there correspondence until such times they prove the debt.
    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
  • dollydo
    dollydo Posts: 135 Forumite
    Thanks 10past6.

    Today, eversheds have tracked down a mobile number for for DH (where from who knows!!!) and have stated that they have had no correspondance from us!

    I sent the prove it letter recored delivery, so don't know whats happened.

    After talking to my DH it they have said they will provide evidence to us if we write to request it!!

    Does anyone have an email address for them as I can imagine that our next letter wont be received either!!

    If they think they can bully my DH - which they did try - they are greatly mistaken !!! But it is stressing me out!!

    Thanks for any help.
  • Jesthar
    Jesthar Posts: 1,450 Forumite
    dollydo wrote: »
    Thanks 10past6.

    Today, eversheds have tracked down a mobile number for for DH (where from who knows!!!) and have stated that they have had no correspondance from us!

    I sent the prove it letter recored delivery, so don't know whats happened.

    After talking to my DH it they have said they will provide evidence to us if we write to request it!!

    Does anyone have an email address for them as I can imagine that our next letter wont be received either!!

    If they think they can bully my DH - which they did try - they are greatly mistaken !!! But it is stressing me out!!

    Thanks for any help.
    Not my specialist subject, but didn't want to read and run! If you sent the letter recorded delivery and it has been signed for, then either a) they are lying, bullying scumbags b) they are incompetent, or c) both of the above. I'm running with c, personally... ;)

    As to the phone calls, tell them you will only deal with them in writing and hang up. They are then legally obliged to only communicate with you in writing; I think there is also a form letter you can send to underline this point, which is probably a good idea. If they persist in phoning, there is a 'cease and desist' form letter you can send prior to reporting them for breach of regulations.

    ~Jes :)
    Never underestimate the power of the techno-geek... ;)
  • Jesthar wrote: »
    a) they are lying, bullying scumbags b) they are incompetent, or c) both of the above. I'm running with c, personally... ;)

    As to the phone calls, tell them you will only deal with them in writing and hang up. They are then legally obliged to only communicate with you in writing; I think there is also a form letter you can send to underline this point, which is probably a good idea. If they persist in phoning, there is a 'cease and desist' form letter you can send prior to reporting them for breach of regulations.

    ~Jes :)

    Can you tell me more about these letters / forms?
    My daughter is working overseas but they have my address as her UK contact base and I am constantly receiving annoying and impolite phone calls from them despite me telling them she will not be here until October. I have asked them to communicate in writing so that I can forward it but I think they are deliberately deaf - or as you say, incompetent! :confused:
  • 10past6
    10past6 Posts: 4,962 Forumite
    dollydo wrote: »
    Today, have stated that they have had no correspondance from us
    If you have proof via Royal Mail track & Trace, your letter has been signed for by the company, that's good enough for a court, should it get that far.

    You've informed them, you have no association with this alleged debt, that's sufficient, if they want to continue to pursue you for it, then let them take it through the court system, at which point, you'll be entitled to issue a counter claim.

    You really cannot do any more, don't be wasting any further time dealing with them.
    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
  • 10past6
    10past6 Posts: 4,962 Forumite
    dollydo wrote: »
    Today, eversheds have tracked down a mobile number for for DH (where from who knows!!!)
    dolly, have you or DH used any of the CRAs (Credit Reference Agencies) recently?
    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
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