Continued payment demands by MBNA since BR. What do we do?

Angiepange

Thank you so much Fermi and everyone else for all the replies and help.

I feel alot better knowing how to deal with it now, thank you.

Angie x

thecherylwozny

Hi Fermi,

Yes contact OR or RTLU. If you included MBNA in the OR they shouldnt be chasing you its the OR's job to deal with it. MBNA wont be bothered with District Judges at COurt or egg on their faces they are simply a mass of people in a big company. So what.

Hope you get it sorted out.

now

Angiepange wrote: »

DH and I have been BR since August 09. He is still getting demands for payment for an MBNA credit card in his name.

At the time of BR we sent them a copy of his BR order and informed them over the phone about the BR. Since August we have had a fair few letters/statements from them still asking for payment.

A couple of weeks ago we had another more threatening letter demanding payment so hubby phoned again and was told his BR would be noted on his file and we wouldnt receive any more correspondence. Just today I have opened a notice of default from them again asking for payment.

I was thinking of sending all the correspondence to the OR but only last week, DH had a letter from OR informing him that his file has now been passed to the RTLU.

Just wondering if anyone had any advice as what to do? Should we send it all to RTLU or the OR, or should we contact MBNA yet again !? Or is it best to just ignore and file in the bin?

Any advice appreciated.
Angie x

Pass it over to the OR, they are not allowed to keep pestering you, I have hade the same for MBNA

Doucam

When Mercers were pestering us for a Barclays debt I sent the letter about hassling a person when bankrupt by fax, hubby called and checked they had got it, at first they denied it, but when he informed then he was not going to get off the phone until they admitted they knew he was br they backed down and admitted they did have it and that they would stop Mercers.

This was 2 weeks ago, and the letters seem to have stopped so it may have worked.

It maybe wasn't the best way to get it sorted, but our OR seems to be mega busy, he is never there to answer the phone, or answers emails so we just took it upon ourselves, and I am glad we did tbh, it feels like we won a big fight!

Angiepange

Thanks all,

Doucam, do you have a link to that letter? I seem to remember it on the forum a long time ago but cant find it.

I have been thinking about sending all the letters to the RTLU but was gonna wait and see if anything else comes through. Plus my printers broken and I wanted to copy everything I send!!

Doucam

Angie, no link but this is it:

NOTICE: Pursuit of a debt included in a bankruptcy. Do not ignore this letter. You must cease collection activity IMMEDIATELY.

Dear Sir/Madam

Account No:

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

I would point out that the account was included in my bankruptcy which commenced on [insert date]

Consequently, the debt in question is no longer my legal responsibility.

ALL contacts and claims regarding the debt MUST be addressed to the Official Receiver's Office dealing with the case.

My case was [insert no] of 20, at [insert place] County Court, and the address of the Official Receiver is below.

A copy of the bankruptcy order is enclosed for your convenience.

Please note that the Official Receiver has requested that all future contact from your company regarding these accounts is reported and forwarded to themselves, and that continued contact with myself may result in Official Receiver taking enforcement actions against your organisation. Please also note that I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when the debt is not due.

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.

This type of debt collection method is contrary to the ‘The Consumer Protection from Unfair Trading Regulations 2008’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.
I await your written confirmation that this matter is now closed.
Yours faithfully,

I'm not sure who wrote the original Blind as a Bat or Fermi I think, but it seemed to do the trick for us.

Good luck!

Angiepange

Thanks so much for that Doucam, a great help x

I have just copied and pasted and will get sending!

Angie x