MBNA have sold what i thought was an unenforecable debt

debtfree1day

Hi, in 2010, following various CCA requests MBNA basically said they couldnt find an original fully complete agreement and whilst they could pursue me for the debt and update credit files etc, and morally I should pay, they had no legal redress..

all quiet - then I have Frederickson international turn up chasing payment a couple of weeks ago. Told them they bought a turkey but they wont go away - is this letter ok for them (unsigned)

Sir/Madam
As I have explained on several occasions over the telephone you are trying to claim a debt on behalf of MBNA which despite several requests under Section 78 of the Consumer Credit Act 1974, MBNA have not been able to provide a complete copy of any credit agreement.
On xx,xx, 2010, MBNA wrote to me stating and I quote
“Unfortunately the copy of the agreement that we have retrieved is incomplete, and at the moment, we are unable to provide a complete copy.
While we try to locate this we confirm that we will not issue court proceedings against you to recover the amount owed to us.....”
You have stated several times over the phone you are acting on behalf of MBNA, so therefore I suggest you request from your client a copy of the above letter before contacting me again.
I do not recognise this debt.
I have been subjected to a barrage of telephone calls and expect these to stop immediately.

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welcome views please

vax2002

They wont go away until you ignore them or use vulgar abuse in return on the phone, the only thing that works.
You have asked them to prove the debt, they can not, so they will instead attempt harassment, which only works on the weak.

hello2007

I would just ignore the letters because they have no CCA and the debt is unenforceable until they produce the CCA.The DCA know this but they will make threats and hope that you are weak enough to pay.

debtfree1day

im not that week. I do feel obliged to let them know that I have not been provided with the CCA though. By doing this in wiriting (recorded delivery) hopefully if ever I do end up in court - for example if someone somewhere finds/produces a CCA, then I can evidence it was in dispute and I have never been provided with the documentation

is there any harm in sending the letter?

debtfree1day

thank you!!

vax2002

Everybody wants to bite back theses days, to force them to admit they were wrong and you were right.
Sorry but it does not work on scammers, it just leaves you open to abuse, for all you have done is show the scammer you are real.