Max Recovery Limited - MBNA Debt

[Kati]

Re: Max Recovery Limited - MBNA Debt

Should I ignore them then until I receive a claim and use that as a defence?

Have you sent a CCA request??

[Spellkaster]

Re: Max Recovery Limited - MBNA Debt

Have you sent a CCA request??

Yes.

Provided me with a credit agreement that was too small to read!!

It was done online in 2011 origionally.

Its just got a box being ticked electronically. No wet signature.

[Kati]

Re: Max Recovery Limited - MBNA Debt

It was done online in 2011 origionally.

Its just got a box being ticked electronically. No wet signature.

tick boxes are deemed enforceable after a certain date (I'm sure Di or DC can enlighten us there ) xx

[warwick65]

Re: Max Recovery Limited - MBNA Debt

Dryden and Max are part of the same company and seen to be shuffling papers between desks just as Lowell , Red. freds used to do

I think as a notice of assignment it may well do but as a deed certainly not however I will bow to any superior knowledge

The point being, should a court claim ensue , you need to ask for the deed and include it in your defence

Reading back there seem to be a tiuch of Goodf about the OP's opinions , for example the suggestion once an agreement has been terminated . sending a copy of the executed agreement is not valid

[warwick65]

Re: Max Recovery Limited - MBNA Debt

2005 was the date when a tick box became legit when signing a credit agreement. Not sure what month though

As the agreement was post 2007 it is much easier to enforcement

I am not quite sure what spellkaster is trying to achieve here-
is it to get the default removed - probably a non starter
Get the debt written off - on what grounds - if its no Deed , again I think its a non starter

Of course sometimes companies do write accounts off for no apparent reason, had some done myself

Maybe though, leave it be for now and don't poke them

[Debt Camel]

Re: Max Recovery Limited - MBNA Debt

They are saying the account defaulted on the 3rd August 2012.

It actually defaulted on the 1st June 2012 as I had started an IVA!!!!

You won't get this default removed, it should be 1st June 2012 but I cannot imagine why you care about a difference of just two months.

The subject of statute barred came up. The clock will have stopped whilst the IVA was running and will have reset at 0 when it formally failed. So it will not be statute barred for a very long while.

[Spellkaster]

Re: Max Recovery Limited - MBNA Debt

2005 was the date when a tick box became legit when signing a credit agreement. Not sure what month though

As the agreement was post 2007 it is much easier to enforcement

I am not quite sure what spellkaster is trying to achieve here-
is it to get the default removed - probably a non starter
Get the debt written off - on what grounds - if its no Deed , again I think its a non starter

Of course sometimes companies do write accounts off for no apparent reason, had some done myself

Maybe though, leave it be for now and don't poke them

I have asked Drydens and Max Recovery for a copy of the DoA on numerous occassions.

Neither have given me this.

They have to show this under section 136 of the Law and Property Act 1925.

As I understand, this Notice is inconclusive as it has no name address or account number to which it is refering to!!

I also understand there was something a while ago online about Drydens/Max Recovery buying dodgy debts.

If I get a Court claim (which I am expecting), can I come back for advice then as I've never had to defend one before?

[warwick65]

Re: Max Recovery Limited - MBNA Debt

Hi
Of course you can come back for advice

From my understanding there is nothing to say they have to show you the deed, and certainly they will do their upmost to avoid doing such a thing , maybe because it shows there are some limitations to what they can do . If you get a claim you can make a part 18 request for disclosure of the deed and indeed ask the judge to order it in your defence however if yo go down the formal route of forcing disclosure, unless you qualify for fee remission you will have to stump up £255 for as hearing.

AS for companies buying 'dodgy' debts, I have lost count of the number of people I have heard making claims about firm x y or z. They but huge bundles of debts at a time and yes some will be unenforceable and SB , an example is that it was only last year when RBS sold a trench of debt off from many years ago- mine will be SB in 5 months
.
You also hear stories saying if they offer you a discount it must be unenforceable , not true I'm afraid, sometimes its just to get a quick turnaround . If you bought a debt for 10% of face value and could offer a 25% discount if paid within say 3 months, wow that is a lovely profit

[Spellkaster]

Re: Max Recovery Limited - MBNA Debt

Hi
Of course you can come back for advice

From my understanding there is nothing to say they have to show you the deed, and certainly they will do their upmost to avoid doing such a thing , maybe because it shows there are some limitations to what they can do . If you get a claim you can make a part 18 request for disclosure of the deed and indeed ask the judge to order it in your defence however if yo go down the formal route of forcing disclosure, unless you qualify for fee remission you will have to stump up £255 for as hearing.

AS for companies buying 'dodgy' debts, I have lost count of the number of people I have heard making claims about firm x y or z. They but huge bundles of debts at a time and yes some will be unenforceable and SB , an example is that it was only last year when RBS sold a trench of debt off from many years ago- mine will be SB in 5 months
.
You also hear stories saying if they offer you a discount it must be unenforceable , not true I'm afraid, sometimes its just to get a quick turnaround . If you bought a debt for 10% of face value and could offer a 25% discount if paid within say 3 months, wow that is a lovely profit

I am on contributions based ESA of £110 so I believe that I would qualify for fee remision.

The debt is £931 but they offered last year for me to pay I think it was £550!!

I'm fully aware that they buy debts at discounted rates off the origional creditor.

Drydens are claiming the original credit agreement has now been terminated.

Are they supposed to send official notice under the Credit Consumer Act 1974 when a credit agreement is terminated?

[Spellkaster]

Re: Max Recovery Limited - MBNA Debt

Am I also right to thinking that under section 196, any notice should be sent to me by registered post and NOT via email!?

[Diana M]

Re: Max Recovery Limited - MBNA Debt

I think you're overthinking.

You haven't received a claim yet but you are trying to form a Defence to it.

There's nothing wrong in being proactive and it's wise to do your research upfront since legal proceedings are time sensitive once started.

However all letters/communication you have with a debt owner is simply giving them a glimpse of your potential legal arguments which in turn gives them the opportunity to counter those arguments in advance and/or seek the documentation they need before issuing and remedy any errors which have been made thanks to you flagging up those flaws to them.

Di

[Spellkaster]

Re: Max Recovery Limited - MBNA Debt

I think you're overthinking.

You haven't received a claim yet but you are trying to form a Defence to it.

There's nothing wrong in being proactive and it's wise to do your research upfront since legal proceedings are time sensitive once started.

However all letters/communication you have with a debt owner is simply giving them a glimpse of your potential legal arguments which in turn gives them the opportunity to counter those arguments in advance and/or seek the documentation they need before issuing and remedy any errors which have been made thanks to you flagging up those flaws to them.

Di

Thanks.

I'm just going to sit and wait now and see what there next move is.

They are saying they are placing the account on hod for 14 days while they wait for my reply!!

I'm not going to reply!!

[warwick65]

Re: Max Recovery Limited - MBNA Debt

Just to give you some likely background

before its sale the account will have been defaulted and terminated by the OC

I would agree with you about email BUT if they show a log that says a NOA was sent by post, a court may well decide on balance that it was indeed sent

Di is correct though that you are overthinking this and by arguing with them you are giving THEM a chance to line all their ducks up in a row.

[Spellkaster]

Re: Max Recovery Limited - MBNA Debt

Just to give you some likely background

before its sale the account will have been defaulted and terminated by the OC

I would agree with you about email BUT if they show a log that says a NOA was sent by post, a court may well decide on balance that it was indeed sent

Di is correct though that you are overthinking this and by arguing with them you are giving THEM a chance to line all their ducks up in a row.

The original creditor, MBNA, the debt was under an IVA when it went into default on the 1st June 2012.

I did not receive anything from MBNA, and I certainly never received anything when it was sold onto Max Recovery, whilst it was under an IVA.