Court action plrease help!

Mike1000_2

Hi
I have an account with MBNA who have registered Default in my credit file and sent me the DN letter one week later. They then sold the debt ten days after they issued the DN letter.

1. Does registering DN with credit reference agencies mean they have terminated the account?
Does this mean they have terminated the account unlawfully?
My aim is to send the account back to MBNA.
Can you please refer me to a case law regarding this?

2. Is it illegal for lenders to sell a debt while it is in dispute. I had a dispute with MBNA (can prove it) but they sold the debt to DCA during the complaint. Is there any documents or case laws about this?

3. Please tell me if a debt to a credit card company can be sold only 10 days after it is issued? I spoke to National Debtline and they said a debt can be sold any time. Do you know of any case laws re. this?
I know bu law they must allow at least 14 days before terminating and court actions etc.
Does registering Dafault on Credit File mean that they have terminated the account?

Many thanks

PNPSUKNET

yes & yesim afraid

izools

The account cannot be defaulted or passed to a debt collection / enforcement agency whilst in dispute.

In what way is the account in dispute?? Are you requesting a copy of the credit agreement?

if so, this is the letter you need:

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

NickX

izools wrote: »

The account cannot be defaulted or passed to a debt collection / enforcement agency whilst in dispute.

That is absolutely correct, but unfortunately it happens all the time and it can be troublesome to prove that the creditor has acted inappropriately :mad: