MBNA.account in dispute but still sold to DCA, WHAT NEXT?

poptart1_2

I know what you are saying but MBNA should not have sold the debt to a 3rd party while the account was in dispute, it was a template for a letter to Link saying that , that I thought I would have to send,surley Link wont be too chuffed having bought a debt in dispute wiil they ? I will cca LINK as well though and will send them the telephone letter, dont hold any hope though, cheers amber you are a star

poptart1_2

Sorry For Bump

AMBERSHADOW

You now need to send link the dispute letter too

poptart1_2

sorry if I sound a numpty but do I have to send link a cca request now and another £1 postal order or should I just send the 12+2 days letter? as I had already done this with MBNA and had no response

RAS

poptart

You need to send this letter to Link, who should panic and return the debt to MBNA. No need to CCA Link.


Account passed to new DCA/solicitors while the original is in default of a CCA request.

Quote:
FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
Courtesy of Curlyben posted by fermi

poptart1_2

cheers RAS ,that is the letter I have been looking for, youre a star.

poptart1_2

Sent the letter that RAS reccommended on 28/03/09 to Link ,recorded delivery they signed and received it on 1/04/09 and heard nothing untill today when a grubby postcard came asking me to call someone urgently on a certain phone number , it had Links address on and my ref no on show, I obviously am not going to ring them but should I write back or just ignore, Still no CCA from Mbna, been in dispute since 10/03/09 ,Link still chasing me even though account in dispute, should I just see what happens

poptart1_2

any help please?

fermi

poptart1 wrote: »

Link still chasing me even though account in dispute, should I just see what happens

But not prepared to out anything properly in writing.:rolleyes::rolleyes:

Don't phone them.

Just wait and see if they make any further demands/threats in writing. If they do, then report them.

Jesthar

Heya poptart

You may want to wait awhile and see what the experts in these matters have to say (the 'morning shift' should be along fairly soon, hopefully ), as this is far from being my specialist subject. However, as you've received this postcard over three weeks after they signed for your recorded letter, and even Royal Mail aren't usually THAT tardy , then as the reference number confirms this is the same debt they are chasing I would suggest now is the time to carry through on the threats in the last letter and report them to all and sundry. Or there may be another template letter it is better so send first - again, the experts will know, and can help you better than I.

Either way, you are right about not phoning these bullies, especially as you have them over a legal barrel anyway!

~Jes

Edit: And as I type, the most excellent and definitely superior fermi arrives and posts - a much better person to heed!