Need help with mce portfolio ltd

[frankieb]

Hi everyone. This is my first post and it has to do with MCE portfolio ltd who seem to be a dca for British credit trust. My wife and I purchased a car in July 2003, we were going through a bad patch at the time and split up the following April. We couldn't afford to pay for the car and my wife (who since then we have got back together and everything is now great) who had the car contacted the company British Credit Trust. I had never defaulted on any payments and my wife told me at the time that she contacted them and they agreed to come and uplift the car, which they duly did in June 2004. My wife said it was my old neighbour who signed for the car being taken away. But my wife says she has thrown away the paperwork as it was 4 years ago and we were split up at the time. We sold our house and I moved in with my father and my wife and children were rehoused by the council.

Anyway to cut a long story short today at my fathers where we all live now, myself and my wife both received individual summary cause summons.
It states that the pursuers have made frequent requests to the defenders to make payment (£4300) of the said sum but the defenders has refused or delayed to do so.

Now this is the first we have heard of this since we handed the car back. I have never been notified by the buyers of our house who know us and know where we live of any letters received by the pursuer and I don't understand how it has taken this long to find my fathers address because I am using experian credit expert through the internet to check my credit file, and I am shown as being at my fathers since 2004 surely they check credit reference agencies. I don't even have them on my file at all as a default apart from them being mentioned in a financial association with my wife as it was a joint application.
I contacted the solicitors representing MCE and they said the company had tried to contact us on numerous occasions but this is untrue, as I said this is the first we have heard any of this.

Is there anything I can do regarding contacting MCE directly, instead of the solicitors, such as requesting the letters that they supposedly sent to us.

I honestly have never had any contact with them and neither has my wife. We got back together 10 month after we split up and my wife and children moved into my fathers with me.

Both myself and my wife have been given return dates of 1/8/08 and a calling date of 8/8/08. for the summons and it also states that this is a warrant re-serve originally served on 11/4/08 which we never received either.

Please help I am at my wits end.

Many thanks

[SeanC1966]

Re: Need help with mce portfolio ltd

Hi,
send them a CCA request by recorded or registered post. Enclose a postal order marked on the back "For CCA Purposes Only" Don't sign the letter just print your name.

Lets see if they have an enforcable agreement.

[Amethyst]

Re: Need help with mce portfolio ltd

hmmmmm. Yes you can get the info with a SAR or CCA. Also contact the court about the previous summons. See if they have a copy. I'm not great on the scottish side of things so bear with me.

Can you type up the info they have entered onto the court documents please.

Do you have the original car purchase agreement documents ? (ie the terms on return)

the car was bought with a loan from British Credit Trust ? The car was returned to them...in 2004, BCT handed the debt to MCE who have given it to their ''solicitors'', no contacts been made, and you now have a claim against you. Is that right ?

Whats the name of the ''solicitors'' ?

[frankieb]

Re: Need help with mce portfolio ltd

Hi there thanks Sean thanks Amethyst for getting back to me as quickly as possible.

Sorry I don't have the original agreement, my wife threw it away.
The car was purchased from BCT and handed back to them. I have never heard of MCE in my puff. Surely my credit file would have been affected if they had been trying to pursue me.

The solicitor is Nolans solicitors from Glasgow.

Here is the statement of claim:

1. The defenders reside at the address as stated in the instance which is within the territory of this court and has been resident for more than three months immediately prior to the raising of this action as is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuers no proceedings are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating jurisdiction over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland.

2. On 10/07/2003 the Defenders entered a Conditional Sale Agreement with BRITISH CREDIT TRUST LIMITED for the purchase of a motor vehicle. The Defenders failed to pay as agreed and is in breach of contract with the said suppliers. The said suppliers assigned all rights in the said debt to the Pursuers and the Pursuers have advised the Defenders of the same. The said sum of £4306.84 is the sum sued for. The Pursuers have made frequent requests to the Defenders to make payment of the said sum but the Defenders has refused or delayed to do so.

It also says:

SERVICE ON DEFENDER

(place) Glasgow (date) 5/3/08

To: Me my old address

You are hereby served with a copy of the above summons.

Hope this is of any help. Thanks

[Amethyst]

Re: Need help with mce portfolio ltd

Okay Thank you

2. On 10/07/2003 the Defenders entered a Conditional Sale Agreement with BRITISH CREDIT TRUST LIMITED for the purchase of a motor vehicle. The Defenders failed to pay as agreed and is in breach of contract with the said suppliers. The said suppliers assigned all rights in the said debt to the Pursuers and the Pursuers have advised the Defenders of the same. The said sum of £4306.84 is the sum sued for. The Pursuers have made frequent requests to the Defenders to make payment of the said sum but the Defenders has refused or delayed to do so.

Well you need the information - the original stuff from BCT, and everything MCE and Nolan have. Possibly ask for a sist (that the right word for stay in scotland?) to enable you to gather info, at the return date I think.

I'm just putting kids to bed but am going to have a read about see what i can dig up, so if no one with more Scotland claims system knowledge pops up in the meantime i'll be back later on.

From the sounds of it it seems your wife was told that return the car and thats the end of it, she was in the house for a further couple months ? after returning the car and nothing was received regarding any further payment due. Re the neighbour who signed for the car being collected...is this verifiable?

How long had you had the car when it was returned, and how long was the period of finance you initially agreed on ?

[frankieb]

Re: Need help with mce portfolio ltd

Hi my old neighbour should be able to verify the uplift I will ask him tomorrow.

As for the car it was a citroen c5 at £8995 or there abouts. Memory is not what it was, been racking my brain trying to remember everything about this, I think the agreement was over 4 or 5 years. Honestly can't remember.

I had the car for about 11 months and the monthly payments were about £272.00 per month. Can I contact my bank for statements of payments made from my account at that time.

Also can a warrant be served without a signature as in the first alleged one they sent, as my father signed for the new ones the other day.

PS: Why would I want to hand back a car and then say fine I'll walk everywhere but continue to pay the money every month. This seems laughable if it wasn't so serious.

[Paule]

Re: Need help with mce portfolio ltd

Usually you have to pay so much before you can just walk away from the car with no more financial comitment.

I am guessing that you probably havnt paid enough to reach that threshold if you only had the car for 11 months.

So, as others have said, you need to get a copy of the CCA as these figures will be on there.

A SAR would also be good as it may show additional charges added onto the account that can be claimed back also

PKea

[frankieb]

Re: Need help with mce portfolio ltd

Thanks PKea.

I'm going to send a letter away tomorrow for the CCA and SAR. Do I send it to the solicitor now dealing with it or do I send it off to MCE as their address is on the summons.

My only objection with the whole thing is that I haven't heard from British Credit Trust or MCE portfolio. Surely they could have contacted me long before now as I am on the voters role at my fathers since 2005.

I would never knowingly not pay for the car and if they had contacted me years ago I could have sorted something out then.

After four years without even a letter from them seems harsh but having had a look round some of the forums I'm not the only one scunnered.

Cheers!

[Amethyst]

Re: Need help with mce portfolio ltd

Send the CCA and SAR to MCE and send a SAR to BCT.

Yep MCE do seem quite 'good' at this type of thing.

A read of this might be of interest MCE Portfolio - The Consumer Forums
(apologies for being a cache text version I don't have access to that site)

[frankieb]

Re: Need help with mce portfolio ltd

Many thanks I will let you know how I get on.

[Paule]

Re: Need help with mce portfolio ltd

Heres the full site version of the link Ame posted above

MCE Portfolio - The Consumer Forums

[stevokenevo]

Re: Need help with mce portfolio ltd

It is highly probable that you will have to appear in court on the 8th August.

Here is a guide to the summary cause action , Have a good read through this.

You have had good advice as to how to gather the information you require.

You will have to fill in the blanks though, as it is imperative that when you do appear you will be required to state your position positively.

Time is of the essence, and it is important to gather all the information you require quickly.

This IS a serious issue, but, it is one that can be resolved with the support that you will receive here.

Good luck

[frankieb]

Re: Need help with mce portfolio ltd

Cheers,

I am going to send off for my CCA and SAR but on the letter templates it says to put the agreement number on the letter, I don't have an agreement number, nothing at all apart from a reference number from the solicitors, should I send the letters to the solicitors in the first instance or send 2 letters each to MCE, BCT and Nolans Solicitors asking for the details?

Thanks

[stevokenevo]

Re: Need help with mce portfolio ltd

Use the reference number, give them your current address and your old address, give them as much info as you think is necessary to prove your identity, that way there will not be any stalling.