MHA Collections/LLoyds hassle!

rluc

Hi,
I have been dealing with a debt on my sister's behalf for maybe 8 months now and with information from DFW have managed to get the phone calls stopped and I thought some progress! I have an ongoing CCA request which they replied to finally on the 12 March stating that due to the high volume of requests that they were sorry for the delay in responding but would deal with me shortly and advising me that I could contact the FOS if i wanted to. I held off as I thought I would see what would happen next.
A letter has now come through dated 6th May from MHA collections ( which as far as I can figure out is actually Lloyds under another guise) saying she owes arrears of £1522 on a debt of around £14000 ( she has not paid any money to them for at least 8 months!!) with the usual solicitors threats!!

My questions are why are they now doing this and are they allowed to do it when I thought that when the account was in dispute they could not pass it on?

I will be contacting the FOS but was after some help with a reply to LLoyds/MHA

Thanks

pepe2008

If you sent the CCA request to Lloyd TSB, then you should have sent them this by now....

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

FAILURE TO PRODUCE AGREEMENT

Dear Sirs,

ACCOUNT NUMBER

I wrote to you by Special Delivery ( reference ) on asking for a copy of the above Agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1 Postal Order as the Statutory Fee. This letter was delivered to you, and signed for, on .

The Consumer Credit Act allows 12 working days for this request to be complied with after which your Company enters into a Default situation. This occurred on .

I have still neither received a copy of the Agreement as required by S78 of the Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable in Law. As you are no doubt aware subsection (6) states;

‘If the Creditor under an Agreement fails to comply with subsection (1)~
(a) He is not entitled, while the default continues, to enforce the Agreement.

Whilst it is unenforceable, no interest is to be added to the Account. No action can be taken against me. No adverse credit references or defaults can be listed against me with the Credit Reference Agencies. The Account cannot be passed to another Debt Collection Agency. And lastly, I am not obliged to make any further payments to the Account.

Yours faithfully

If you haven't yet, then do so. Send it recorded with a covering letter reminding them that they should have not passed it to MHA.
Also send a letter to MHA pointing out that the Account is 'In Dispute' under the Terms of the Consumer Credit Act and as such should not have been passed to them by LTSB.

rluc

Thanks Pepe,
Will personalise and send off monday, it is just so frustrating trying to deal with them. My sister suffers from depression and cant deal with them and has no money/no job now to pay them back!! If I had some money myself would try and offer them a F&F just to be done with it!!