MAX recovery ltd???????

rog2

I would not worry. No-one can chase you now for a pre-bankruptcy debt, other than student loans.
I suppose that there is SOME gratification in the fact that Blair Oliver and Scott (Bank of Scotland/Sainsbury's in-house DCA) have sold MAX recovery an uncollectable debt.
On the other hand - IF there was any money in your Estate in Bankruptcy, MAX Recovery may possibly get a few pennies from OR, but this is no longer your problem.

rog2

sparkle84 wrote: »

Yes just ignore them, Rog2 I love your quote from Tootsie really sums him up doesn't it what an idiot - the irony he is constantly ramming his DCA opinions down our throats oh I love it.

sorry to hijack thread

Hi Sparkle - Hope everything is well with you. This thread was resurrected, but seeing your post reminds me that 'nothing really changes'. :beer:

credit_3

I think you will find Max only buys insolvent bankruptcy debt and only collects any returns from trustees
they will not contact you or demand any money outside bankrupcty

charmed-imsure

I have a query that nobody seems to be able to help with. I'm with a partner, he and his now ex-wife have a joint loan with MBNA, his ex did a runner then declared herself bankrupt. A company called Eversheds wrote a letter to say the debt was now with MAX Recovery who will deal direct with her OR, no need to reply to the letter. My partner called this Eversheds and they confirmed the loan is now with them in his ex's sole name. He called MBNA to advise that she no longer lived at the address and they asked him to start paying them money, even though this debt had apparently been sold on. The situation has been a nightmare to sort out because he didn't go bankrupt but she did and it was a joint loan so this must've thrown confusion into all their systems. Anyway, Eversheds now say they sold the loan back to MBNA who are now unable to provide written proof/account statements but they still want my partner to carry on paying, but we don't know how much and don't know if his ex's name is still on the loan. If it is - she's still bankrupt so wouldn't this be a forced fraud on their part against her? Does this make sense and can anyone shed light coz MBNA don't know their backsides from their elbows in this case...

rog2

charmed-imsure wrote: »

I have a query that nobody seems to be able to help with. I'm with a partner, he and his now ex-wife have a joint loan with MBNA, his ex did a runner then declared herself bankrupt. A company called Eversheds wrote a letter to say the debt was now with MAX Recovery who will deal direct with her OR, no need to reply to the letter. My partner called this Eversheds and they confirmed the loan is now with them in his ex's sole name. He called MBNA to advise that she no longer lived at the address and they asked him to start paying them money, even though this debt had apparently been sold on. The situation has been a nightmare to sort out because he didn't go bankrupt but she did and it was a joint loan so this must've thrown confusion into all their systems. Anyway, Eversheds now say they sold the loan back to MBNA who are now unable to provide written proof/account statements but they still want my partner to carry on paying, but we don't know how much and don't know if his ex's name is still on the loan. If it is - she's still bankrupt so wouldn't this be a forced fraud on their part against her? Does this make sense and can anyone shed light coz MBNA don't know their backsides from their elbows in this case...

Unfortunately, cis, when a 'loan' is a joint loan, and one 'partner' declares themself bankrupt the liability for that loan will automatically, and fully, pass to the other signatory.
However, there is a ray of hope here. If MBNA are asking your partner to assume payments of an 'alleged debt' then they must supply a true signed copy of the original consumer credit agreement within 12 working days of his written request. If they fail, or as would appear to be the case have failed, to do so then they can no longer pursue this 'alleged debt' unless they obtain a Court Order to do so. A court will not, normally, issue such an order if the defendant tells the court that the claimant has not complied with his request for the true copy of the cca, and the 'agreement' will become 'irideemably unenforceable'.
By failing to supply a true copy of the original signed Consumer Credit Agreement within 30 days of your partners original written request, then not only is the agreement irideemably unenforceable, then the creditor, MBNA, have also comitted a criminal offence under the Consumer Credit Act 1974.
Hopefully CROWN or RAS will come along with the necessary template letters, that your partner needs to send - I'll also try and look them up.

Good luck.

charmed-imsure

Thanks so much for that, thats really valuable info.

I've read the small print for this joint loan and it states that they are not able to remove one person from a joint loan. MBNA sold the loan to MAX Recovery/Eversheds, just recently MBNA bought the loan back from them and my partner is paying half the original monthly payments as normal. By buying the loan back, it would have to be back in joint names but his ex is bankrupt, so surely this kind of transacting is illegal? Once the loan has been sold on, how can they then buy it back and enforce the original agreement?

Secondly, even though they sold on the loan to MAX/Eversheds, MBNA STILL took payments from my partner as if the loan was still with them so what on earth has happened to those payments? He should've surely been paying MAX instead???

We're confused...

mickado

Hi There,

Max Recovery
The Credit Report Team
Max Recovery
8th Floor
Bridgewater Place
Water lane
Leeds, LS11 5DR

has any one got a direct number or freephone number for this mob, l've got a premium number, but i dont fancy paying them for the phone call, i've tried saynoto0870.com but they have no listing.

can any one help???

welshspendthrift

tel number for max recovery 0113 3893890

dancingfairy

not sure I would phone them to be honest. I would ask peoples advice on here before proceeding. Be careful as DCA's can be very nasty, very persuasive and will try and get more money out of you than you can genuinally afford. PLease get some advice before ringing them.

To clarify this is DCA's in general I am talking about - I have no knowledge of MAx Recovery but then i don't think I've heard people being nice very often about any DCA.

RAS

charmed-imsure wrote: »

Thanks so much for that, thats really valuable info.

I've read the small print for this joint loan and it states that they are not able to remove one person from a joint loan. MBNA sold the loan to MAX Recovery/Eversheds, just recently MBNA bought the loan back from them and my partner is paying half the original monthly payments as normal. By buying the loan back, it would have to be back in joint names but his ex is bankrupt, so surely this kind of transacting is illegal? Once the loan has been sold on, how can they then buy it back and enforce the original agreement?

Secondly, even though they sold on the loan to MAX/Eversheds, MBNA STILL took payments from my partner as if the loan was still with them so what on earth has happened to those payments? He should've surely been paying MAX instead???

We're confused...

Sorry but as rog2 explained when a loan was taken out jointly and severally, each party is liable for the full amount. Since his ex has gone Bk, the whole debt is now your OH's legal responsibility.

If he does a CCA request and they cannot produce the Documentation, then there is a lot more wriggle room but otherwise he will have to pay it. However, he shpuld be paying what he can afford, not more.

Re the mix-up with payments, I would be inclined to do subjEct acCess request on both comapnies, and triangulate with your own bank records. It may be possible to sort out what he actually owes on that basis. Then put in a complaint if the records are not correct.