Advice needed on letter received

ollietatts

I sent a cca request to link financial which they received on the 8th of jan, i waited the 12+2 days and only received a letter saying they would try to get a copy.
Sent the letter from this site saying they were in default of my request last week and received this from them today...


'your MBNA europe bank ltd account was assigned to link financial in may 2007. the responsibility to manage the information placed with the credit reference agencies by MBNA was also passed at the time of purchase. Therfore we do not beleive we are in breach of our responsibilities under the act with regards to your details.
We maintain the information we are reporting to the credit reference agencies is an accurate reflection of how the account has been paid and there fore we will not be removing this default.
The debt is known as a 'chosen in action'. As the origanal lender holds the legal right to collect the debt, they also hold the right to assign their rights to link financial limited. Although the lender does not need your permission to do this, section 136 of the law of property act 1925 requires, in order for there to be a legal assignment, that the notice of assignment should be given in writing. This was sent to you on the 31st may 2007'


I;m confused as the letter does not mention the cca they are in default of, can anyone give me any advice on what this letter means and what action i should take., thanks ollie

RAS

Nicked from fermi's response to another query.

Debts are sold ("assigned") under the Law of Property Act 1925. Obviously data protection wasn't really an issue then, so I'm not sure exactly how it applies here.

They have "bought the debt" (if it exists) and the right to collect, but I'm not sure if they have the right to original documentation that is not essential to the agreement. Does that include statements?

Best bet is to contact the ICO.

https://forms.ico.gov.uk/enquiry.aspx

What they are trying to argue s that they can update your credit record, not thsat they can collect the debt.

We do know that if you have not previously been defaulted and you stop paying an unenforceable debt, the creditor can still mark the default on your record.

Not sure if this is relevent to your situation.

ollietatts

Thanks RAS, i am confused as the letter i sent was to do with them not supplying a CCA, but there seems to be no mention of that in this letter so not sure where that leaves the CCA request

RAS

Does not matter. Once you sent the CCA letter and they defaulted the debt is unenforceable. They can now only enforce it IF they find the CCA.

ollietatts

OK thamks RAS, ive just sent offers of increased payment to creditors as ia am leaving my fee charging DMP company, so am i within my rights not to pay them until they supply me with a CCA? They have sent a letter saying they will try and obtain a copy

RAS

ollietatts wrote: »

OK thamks RAS, ive just sent offers of increased payment to creditors as ia am leaving my fee charging DMP company, so am i within my rights not to pay them until they supply me with a CCA? They have sent a letter saying they will try and obtain a copy

Just stop paying this lot until they produce the CCA.

ollietatts

Thanks alot for the help RAS, one last question, the letter they sent in reply to my CCA request was dated the 14th jan stating they had a further 30 days to get a copy, this time is now up so do i just sit and wait for them to get one til i pay and ignore letters threatening legal action if they send them?
thanks ollie

RAS

Hang on....

Was this a bank account or a credit card or loan????

ollietatts

It was a credit card with a balance of 2500 [that they bought the day after MBNA issued a default as far as i am aware]

rog2

RAS wrote: »

They can now only enforce it IF they find the CCA.

They will, also, need to seek permission from the Courts to enforce the agreement. This will mean a County Court Claim and a summons must be issued to you. On that summons you will find a section where you can enter your 'defence' - you should state that you requested your cca, under the terms of the Consumer Credit Act, 1974, and that Link Financial failed to provide you with the executed copy of your cca within the legally prescribed time period. The Court will want to know why and has the power to declare this 'debt' irrideemably unenforceable.
Even in the event that they issue a CCJ in favour of Link, then you would have the opportunity to offer payment at a rate that you can afford - not at the rate that Link wants. Any such CCJ would be just as binding on Link as it would be on you - so any further attempts, by Link, to try to make you pay more would be illegal.
In the meantime Link are in default. They are NOT entitled to a 'further 30 days' to find the cca.

RAS

PHew

your MBNA europe bank ltd account

There is nothing in the CCA act about 30 days, so this is boolocks. They have 12 working days plus 2 days to allow for postinge before they went into default.

So they are in default now and they cannot enforce the debt (unless you took out the account after April 2007, which I think unlikely given the default date).