help for hubby

[ScabHunter]

Re: help for hubby

They are just playing silly mind games. If it was me, I'd just send a short note pointing out that they have ignored your MPT letter, and threatening to make it a formalised complaint if they don't stop ignoring you.

I'm on a train at the moment, and posting on cell phone, so let me know if you want me to write something when I get home. It is vital not to acknowledge the alleged debt.

SH

[ali2012]

Re: help for hubby

Hubby had a letter from ArcEurope again today, basicaally saying they have havent heard any suffiecient response, so altough it has been their genuine intention not to refer back to their client they now have to obtain their firm instructions.

What do we do now? just sit and wait or send them something else?

Can I just ask origionally were MBNA supposed to advise my Hubby they were selling his debt to a debt collection agency??

Thanks in advance
Ali

[ali2012]

Re: help for hubby

Ok thanks
I will try and keep that in mind

[ScabHunter]

Re: help for hubby

I take it all this is the usual thing that happens

Yes, this is exactly what usually happens. Debt collectors will nearly always say that they have sent the paperwork, so pay up. When you tell them that it is not compliant, they will just ignore the issue and still demand money. It then degenerates into a pantomime situation where they keep saying it is, and you keep saying it isn't.

SH

[ali2012]

Re: help for hubby

Ok I will get onto it straight away

I take it all this is the usual thing that happens
( all new to me and a bit un nerving)
Thanks for the help

[ScabHunter]

Re: help for hubby

'PT' is prescribed terms, that is, the information which should have been on the agreement, but wasn't.

Send a one liner referring to the missing prescribed terms letter. Just something like -

“Dear Sirs,

I am in receipt of your letter of xxth January 2013. In response, I refer you to my letter of xxth January 2013.

Yours Faithfully,”

The first date should be the date on their latest idiotic letter, and the second one the date on your own missing prescribed terms letter.

SH

[ali2012]

Re: help for hubby

sorry didnt finsih what I wanted to put
what should we do? send them something else?

[ali2012]

Re: help for hubby

PT ?

[MrsD]

Re: help for hubby

certainly not

I would be sending them a one liner referring them to missings PTs letter, as they have obviously not read it.

no panic

[ali2012]

Re: help for hubby

Hubby had a letter from Arc Europe again today in nresponse to the 'missing prescribed terms he sent it reads as follows

'Whilst we note the comments in your letter we are instructed the documents our client sent in March 2012 following your documentrequest are valid. We also sent you a copy of your Agreement and the Terms and Conditions. You may want to seek independant legal advice on this matter
We are instructed that the above balance remains outstanding and must be paid. Please therefore provide us with a full statement clearly showing your financial situation with your incomings and outgoings and list of creditors with your token offer of payment. '

it then goes on to provide information on free debt management compainires and Citizens Advice etc.

They end the letter once again with the
' wWe wish to make it quite clear that unless a payment is made to ud within the next 14 days, along with a firm offer to clear the rest of the overdue balance, we will have to notify our client that we do not have a repayment arrangement with you and in those circumstances we will obtain our clients instruction on what furthur action they want us to take to recover this debt.

What should he do now?
Is it time to panic?

[ali2012]

Re: help for hubby

right I will send one off straight away
thanks for the help
like I said
its not my debt and its way way out of my league
thanks again
Ali

[vint1954]

Re: help for hubby

As I2D says, send missing prescribed terms.

Statement of account is just that. A statement of the account as it stands at the time of the CCA

[ali2012]

Re: help for hubby

right here is what Niddy explained ( on page two of the thread)

On the terms, very bottom right hand side right after the word "Transactions" you see 03/00 - 0 which is Terms from March 2000 issue 0 (ie original set)

On the agreement, very bottom right corner but up the side, it reads AH-05-00 which means the agreement is from May 2000. Now they may well have used those terms but the fact is as your hubby signed for this at a bike show we both know he never read them nor was he presented a copy to retain at the point of sale - thus this is unenforceable based on lack of prescribed terms.


what is a statement of account?

[vint1954]

Re: help for hubby

As I2D says, it will depend on what they sent you.

They have to send Original terms and current terms along with a copy of your agreement and a statement of account.

Did Niddy say why it was unenforcable

[ali2012]

Re: help for hubby

I know Niddy said it was unenforceable at the time ( not sure on what grounds)
im more confused than ever now as to what to reply to them with