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  • #46
    Re: MBNA and Arden

    Letter received today from Idem. This time it has the balance, so clearly this is the MBNA loan not the credit card. They have instructed Westcot Credit services to collect the outstanding balance. As with their previous letter no address is given (other than their registered address), they just want me to contact them by phone, and have given me five days to do so.
    Niddy says the CCA is UE. It also seems to be SB, since last payment was October 2009, can't tell for sure as payment history has disappeared from the CRA's, being as they think it is SB.
    No-one has the original paperwork, established that ages ago, since I have asked for CCA's twice and have got back some illegible copies of microfiches.
    Do I wait to hear from Westcot?

    Comment


    • #47
      Re: MBNA and Arden

      Well that was quite quick. I have heard now from Wescot saying they are working on behalf of Idem, and they want me to contact them to discuss outstanding balance on the account, which include "paying the debt in full" Standard letter. Do I ignore at this stage? Or ask for CCA again? I was thinking that perhaps I really ought to SAR them and see why they think it is not SB or UE. I would be grateful for advice on way forward.

      Comment


      • #48
        Re: MBNA and Arden

        Originally posted by Sappho View Post
        I have heard now from Wescot saying they are working on behalf of Idem, and they want me to contact them to discuss outstanding balance on the account, which include "paying the debt in full" Standard letter. Do I ignore at this stage? Or ask for CCA again? I was thinking that perhaps I really ought to SAR them .
        I see no reason to reply to Westcot's introductory letter.

        I wouldn't send another CCA request either since the response to your original is flawed.

        Since this is a £17k debt you may want to send a SAR to MBNA so you can check when the last payment was made which could have made this debt SB in December 2015. The SAR should also give you the date the DN was sent (if one was sent).

        Whatever you do, don't tell Wescot or Idem you believe the debt is SB because that would trigger a claim to beat the clock if it isn't. Establish the facts first.

        Plan B x

        Comment


        • #49
          Re: MBNA and Arden

          Letter arrived today from Westcot (why is it always on a Saturday?) they have confirmed I am resident etc, and conducted checks etc etc. The specific threat is that they will "continue to undertake activity including phone calls, texting and lettering to recover this account bla bla. "Lettering???" There is no address for response on this letter, which seems odd, only a regd address and they seem to be in Scotland.

          Given that there is no specific threat to send the heavies in or take legal action, do I still ignore? Are they coming from Scotland to graffiti my house? I would be grateful for advice, I think I have been Westcotted before but not on this one and they just faded away. I am getting a bit jittery, to be honest, because I wasn't expecting this and thought I was well in the clear.

          Comment


          • #50
            Re: MBNA and Arden

            I would ignore that letter as there are no real threats in there, just the bog standard " continue with collection activity".

            Have you you sent a SAR as recommended in post #48? If not, I would get it sent then you can be sure of the dates.
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #51
              Re: MBNA and Arden

              Originally posted by Sappho View Post
              Letter arrived today from Westcot (why is it always on a Saturday?) they have confirmed I am resident etc, and conducted checks etc etc. The specific threat is that they will "continue to undertake activity including phone calls, texting and lettering to recover this account bla bla. "Lettering???" There is no address for response on this letter, which seems odd, only a regd address and they seem to be in Scotland.

              Given that there is no specific threat to send the heavies in or take legal action, do I still ignore? Are they coming from Scotland to graffiti my house? I would be grateful for advice, I think I have been Westcotted before but not on this one and they just faded away. I am getting a bit jittery, to be honest, because I wasn't expecting this and thought I was well in the clear.

              The old Wetcloths template letter they are so predictable DCA with no powers, their 2 child letters confirm you are resident as if they know! comedy fair they are like a few others.
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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              • #52
                Re: MBNA and Arden

                Thanks Pixie and Tech Clerk. I did get ready to SAR but before I sent it off, I did go through old correspondence and found a statement from Moorcroft in which they showed I stopped paying in August 2009, which is what I thought, but also showed that I had made a token payment in 2012 of £5. I am sure that I actually did do this. Arden had been ringing us every hour for a couple of weeks, starting at 8 in the morning and going on to 10 at night. I was refusing to go through their security questions but I was getting really sick of them, and so I answered and was told "pay us five quid and we'll stop ringing you" Which I did. I didn't know what I know now. But even if it is not SB it is still UE, Niddy says so. Thanks for your advice. I'll just sit tight.

                xx

                Comment


                • #53
                  Re: MBNA and Arden

                  Debt collectors cannot call you at times they know are inconvenient (or should know are inconvenient), such as before 8 a.m.or after 9 p.m., unless you specifically agree to it. Debt collectors may not harass you or anyone else, over the phone or through any other form of contact.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #54
                    Re: MBNA and Arden

                    That's the trouble wth DCAs, they wear you down until you do something to just shut them up and the SB clock is restarted
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                    • #55
                      Re: MBNA and Arden

                      I do know this now, but at the time we felt under siege. 10 o'clock was the latest we were called from Arden and I was getting daily calls before going to work. My OH thinks that it was Westcot who rang him from Glasgow and told him they could go to court and get a charging order on my house or force me to sell it to pay off his debt. The house was in my sole name. Straightforward bare-face porky pies.

                      Comment


                      • #56
                        Re: MBNA and Arden

                        Letter from Westcot, they haven't heard from me so have negotiated with their client a 50% reduction in the amount owing. Isn't that nice!!!
                        Do I still ignore? There are no specific threats. Do I wait until I see the whites of their eyes?

                        Comment


                        • #57
                          Re: MBNA and Arden

                          Oh yes, still ignore. You are learning
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #58
                            Re: MBNA and Arden

                            Westcot have sent a letter entitled "an opportunity to take control of this outstanding balance in a way that suits you" They threaten if I don't respond they will return the account to their client for them to consider the next steps required. Going to ignore.

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                            • #59
                              Re: MBNA and Arden

                              Yes, ignore and file.
                              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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