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

natters_2

I'v just had the same thing happen to me with natwest/newman who have apparently passed it to fredickson international - a phone call this morning, no letter of assignment no interest in the fact it is disputed and the same threats as usual - it seems that lenders/DCA's totally disregard the legalities of any actions they take!

poptart1_2

my other MBNA account in dispute is with CL finance, I also sent them the same letter and have heard nothing from them as yet, thanks all for your useful replies.I will defo report to OFT if I get furthur hassle.

Cyril

MBNA did this to me too. Have written to DCA to say account is in dispute and they wrote back to say when they heard back from MBNA they would be in touch. That was six weeks ago and have heard nothing.

RIANNA30

mbna (Virgin) did this with us too, requested CCA,no response, followed with the dispute letter and then account was passed to a dca, advised them account was in dispute and should not have been passed on. Not heard anything from either in approx 5 weeks and debt has been removed from credit file.

fermi

Cyril wrote: »

MBNA did this to me too. Have written to DCA to say account is in dispute and they wrote back to say when they heard back from MBNA they would be in touch. That was six weeks ago and have heard nothing.

RIANNA30 wrote: »

mbna (Virgin) did this with us too, requested CCA,no response, followed with the dispute letter and then account was passed to a dca, advised them account was in dispute and should not have been passed on. Not heard anything from either in approx 5 weeks and debt has been removed from credit file.

Hopefully they are getting the message then.

poptart1_2

ok, a long time has past since the original post, but today I have received a copy of the application form which CL finance is saying is a copy of the CCA. It contains none of the perscribed terms and conditions, no credit limit or APR ETC or charge for credit, just a copy of the original application form. Is there a template letter I can send to them stating this ? or has anyone else got a copyof a a letter I can use. thanx xxxxxx

aaxsabian

bumperty:j bump

fermi

You could do short and sweet.

Dear sir/madam

Thank you for your response to my request under the Consumer Credit Act section 78.
In your response you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer Credit Act 1974 and would therefore only be enforceable by a court under s65. However, the absence of any (prescribed terms / signature) means that a court would be prevented from enforcing it under s127(3).

I am granting to you a further 21 days to produce a copy of an executable agreement. After that I will consider that the above account is closed and that you will no longer pursue the alleged debt.

After this period you should close the file and cease processing an personal data relating to me on this matter.

Yours faithfully

Or more involved......

Re: my request under the Consumer Credit Act 1974

Thank you for your letter dated <date>.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments.

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553. Without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are: -

- A term stating the credit limit or the manner in which it will be determined or that there is no credit limit;

- A term stating the rate of any interest on the credit to be provided under the agreement and;

- A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;
(b)Amount of repayments;
(c)Frequency and timing of repayments;
(d)Dates of repayments;
(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

Now nowhere on the application form that you supplied is there any reference to these terms.

I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

Therefore, you have failed to supply an enforceable document, which is correctly executed; as to be so it must conform to the Regulations under s60 CCA1974.

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 1974.

The consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms.

Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading .

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

I respectfully request a reply within 14 days of the date of this letter.

Yours Sincerely

poptart1_2

many thanks fermi, you always come up trumps, that was just the job (the more involved letter)xxxxxx

oftenpuzzled

I got a letter today from link financial claiming that my address has been highlighted as a new address for their customer with the same name as mine.After searching on here I now realise that MBNA have sold on my debt after I left my old address 2yrs ago. I had no idea that my debt had been sold on so how can I be a customer :rolleyes: The thing is do I admit it as my name, to be honest, isnt common , or should I let it lie to see what happens next PLEASE HELP:o:o I am a bit scared I might get a knock at the door :eek: