09 Mar 2015

A question about : DCA threatening to take my house!!

I am on a self managed DMP and it's been going fine all creditors accepted my DMP and all bar one stopped interest.
Now MBNA have sold my debt to Link Financial and I have been paying the the same amount as I was paying to MBNA.
Now Link are phoning me at work title=Mad and when I returned there call I told them to remove my work number, yet they phoned me again today!!
I have sent them my income and expenditure sheet and also a list of my creditors so they can see everyone is being treated fairly.
Today the guy on the phone asked me to settle the Ј5900 debt, which I can't, he then went on to say I have equity in my house so his manager will review my case and there is a fair chance they will take me to court to sell my housetitle=EEK!
The equity in my house is approx Ј28,000 and my debt is Ј60,000 title=Frown

Surely they can't make me sell the house ?? I told him I have a 6 yr old son and they couldn't make me do that and he said they could!!

Anyone know if they can? I though they could put something on if I sell in future (which I am not)title=Mad

Best answers:

  • It is true they can take you to court and ask that you be made to sell your house. However, there is more chance of your house being destroyed by a metiorite than the judge agreeing to make you sell it as you are paying what you can afford.
  • WRITE formally to demand that they take your work number off their records.
    Advise that if you reeive any further calls you will report themn to the Information Commisioner.
    They cannot force you to sell your house.
    You need record any further calls with them. Let them tell you they will force a sale, then tell them you are recording the call and ask them to repeat it. They will put the phone down very quickly.
    Then complain to the OFT about their use of false threats.
    They can go for a CCJ and if that is not paid, they can try for a charging order. That does NOT allow them to force the sale of the house.
    I will be very important that you defend any CCJ and that you get the case referred locally. With luck the judge will set a monrthly payment in line with your current payment.
    You need to watch out for any attempt at a forthewith order, as you cannot pay off the whole debt, so they will apply for the intermin charging order.
    All the CO does is secure the debt on the house instead of it being unsecured. Once it is paid off, the CO is cancelled.
    Speak to NDL and CCCS about the situation and try and get help re the possible CCJ in consumer action group. If you are lucky the default letter will be faulty.
    Do you have the default letter?
  • What RAS said...
    Plus how old is this debt?
    Definately add to RAS' advice with the following:
    1. Submit a CCA request to Link and insist that they include a full statement of account showing all credits, debits and charges on the account. My DCA were quick to supply a poor attempt at an agreement but failed totally on the Statement of Account. Both of which are your rights under the CCA.
    2. A SAR to MBNA.
    3. Write to Link insisting that you will correspond strictly by letter and that they must remove any telephone numbers they hold for you under the Data Protection Act 1998. Remind them that OFT guidance requires them to honour this request.
    The cost of the above will be Ј1 for the CCA request and Ј10 for the SAR.
    There are 2 reasons for the above.
    1. Link seem to be very litigious. The CCA request should slow them down (hopefully).
    2. If they do proceed to court the data you will get back from the SAR should help your defence.
    Post up a thread on the CAG legal forum if this goes any further.
    http://www.consumeractiongroup.co.uk...0-Legal-Issues
  • Thank you for the great advise guys, I really do appreciate it
  • As said, CCA them.
    How old is the account? Credit card or loan? MBNA don't have my CCA from a card taken out in 2001. I have that in writing. Was originally an A&L card.
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