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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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MBNA (Virgin Credit Card) have sold my debt to a collection

Customer Question

MBNA (Virgin Credit Card) have sold my debt to a collection company (Direct Legal Collections). The debt amounts to £9000. However, I have continued making payments to MBNA as they have carried on sending me statements with a payslip on the bottom. I paid £500 as recent as yesterday.
It is my wish to continue making the payments to MBNA (and I can afford £500 per month). I do not want to even begin correspondence with DLC given their track record (according to this website). Is it too late now to keep on paying MBNA ?
I have no other outstanding debt , apart from my mortgage which is all up to date with no late payments ever. I have also just paid off my car HP (AFTER 4 YRS , AND AGAIN NO LATE PAYMENTS) and a small Bank Loan (again four years and not a single late payment).
I just got into trouble with the credit card with MBNA as it was not paid by direct debit and I kept getting it paid late and even missed some payments - hence them passing the debt on to this DLA company.
Any suggestions please as to what I can do regarding this ?
Thank You
Submitted: 5 years ago.
Category: UK Law
Expert:  Jo C. replied 5 years ago.

Thank you for your question. I will try to help with this.

What exactly would you like to know?
Customer: replied 5 years ago.

exactly what I asked above..................................I am continuing to pay MBNA as they are still sending me bills.

WHat is my legal position if the debt is sold on ? I do not want to deal with the compnay who "bought" the debt. Can I continue with my payments to MBNA ??


By the way - where did BEN JONES THE SOLICITOR DISAPPEAR TO ? and where exactly are you based - are you based in the UK ??

Expert:  Jo C. replied 5 years ago.
I'm based in the UK.

I'm not sure what you are trying to achieve by making payments directly to the creditor not their agents?

In what way are you hoping that will improve upon the situation?
Customer: replied 5 years ago.


More credibility to MBNA than some second rate debt collection company who have a track record of using bullying tactics.

Expert:  Jo C. replied 5 years ago.

You could keep paying MBNA. They will not refuse your money.

But there is absolutely no point of any kind. They will not remove the matter from the debt collection company just because you pay them directly. If they have instructed debt collection, then they are seized of the matter. Generally speaking creditors would rather give the matter to a debt collection company than chase in funds themselves.

Either they intend to sue or they don't. Probably they don't or they would have instructed solicitors not debt collection company. But whether you pay them directly or not, you will still receive the letters and phone calls from the debt collection company. There is a little trick that gets rid of them on the phone that I can give you if you are interested in that although its not really what you asked about. You could always ignore the letters from them.

Frankly though, there's not really very much point in refusing to deal with their chosen agency. It will achieve nothing although it won't really do any harm. Debt collection agencies are a non issue really. The extent of their remit is to harass people into paying. If you keep paying its very unlikely they will sue for the money.

The only benefit of dealing with the debt collection agency is that they will probably take a generous full and final settlement offer. Sometimes the reductions are more than 50%. That would probably lead to a default on your credit file but MBNA have probably already done that if you are in default anyway.

Hope this helps. Please press accept and then I will answer your follow up questions for free. Your question will not close.
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Customer: replied 5 years ago.
what is the little trick to get rid of them off the phone please ??
Expert:  Jo C. replied 5 years ago.
Sorry, my PC crashed.

When they phone you, they will ask a series of questions right at the beginning of the call – like name and date of birth etc.

Just refuse to answer those questions and then they can't talk to you about the account any more because they can't identify you under the Data Protection Act.

They do sometimes ask for a reason and the answer is just to say that you don't want to have the conversation with them and so are not going to give them the information that they need to identify you under the DPA.

They will still keep phoning but they give up fast enough when they realise its getting nowhere.

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