• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Creditor passed debt to DCA after date of death

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Creditor passed debt to DCA after date of death

    Hi all,

    Excellent site, the work you have all done to help is fantastic. Unfortunately, I am now in a position where I could do with some assistance.

    My father passed away in November 2011, he had debt with MBNA, who passed this to Allied International Credit. My father had arranged a repayment plan with them but passed away before it could actually be setup. I contact AIC and advised of the death and sent them a copy of the cert on 19 December 2011.

    They passed the debt back to MBNA who wrote to me on 16 January 2012 with the usual mince about sorry to hear..... and the advised the account had been frozen and no action would be taken and they made a claim on the estate for the outstanding debt.

    I wrote to MBNA on 16 March 2012 to advise I had just been appointed executor and that there was no money in the estate to pay this debt. They replied on 19 April 2012 simply saying 'the account was legally assigned receivables to Arrow on 14 January 2012'.

    I have written to MBNA to make a formal complaint as the account should have been frozen and they ignored the contents of my previous letter.

    I received a letter on 14 May 2012 from Wescot Credit Services trying to trace the address for my father. I phoned them and advised them of the situation, they immediately apologised and confirmed the account had been passed to them by MBNA.

    I received a letter from MBNA today, again simply stating 'the account was legally assigned receivables to Arrow on 14 January 2012'.

    Can anyone out there please help me with how to deal with MBNA. Simply there is no money in the estate to pay this debt so they are getting nowt, but I need assistance with getting this matter put to rest.

    Thanks in advance
    Tags: None

  • #2
    Re: Creditor passed debt to DCA after date of death

    Hello and welcome to LB.
    Firstly, please accept my deepest sympathies at losing your dad :hug:
    To my mind MBNA are totally out of order sending this account to a DCA, is the debt still in the hands of the (by the sounds of it) more understanding Westcot or are they sending it back to MBNA?

    Personally I think a formal complaint to the FSA would be in order.

    http://www.fsa.gov.uk/consumerinform...hings_go_wrong

    Comment


    • #3
      Re: Creditor passed debt to DCA after date of death

      I'm afraid MBNA effectively admitted they owned the debt in their letter where they made a claim against the estate. That I believe is all the proof you need.

      Their actions are despicable and crassly insensitive. Personally I would either contact their CEO:

      ian.odoherty@bankofamerica.com

      or report them to the FSA as already mentioned.

      Comment


      • #4
        Re: Creditor passed debt to DCA after date of death

        Originally posted by labman View Post
        Personally I would either contact their CEO:

        ian.odoherty@bankofamerica.com


        or report them to the FSA as already mentioned.
        I'd be inclined to do both.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X