is this letter ok to send a DCA chasing a non enforceable debt

debtfree1day

Hi, Thanks to help on this forum and another (Niddy, you are a legend) back in 2010 MBNA confirmed that they "will not issue court proceedings" as they couldnt locate a complete copy of the original agreement.

Since then in late 10 and early 11 several DCAs tried, and each time i reffered them to this. I though that was it but now another one is trying.

Can you confirm if the letter below I have drafted from memory of others, and excerts of copies of letters I have kept, is ok and doesnt say anything it shouldnt?

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Without Prejudice



Further to your letter dated 29thAug, 2012, I am amazed that I am again having to state categorically I do notrecognise this account, and there is no legally enforceable debt for you topursue



On 7th Oct, 2010, MBNA confirmedin writing to me they hold no complete copy of any credit agreement and I quote“Whilst we try to locate this we confirm that we will not issue courtproceedings against you to recover the amount owed to us”.



Your organisation has joined a longlist of debt recovery firms who have spent time and money pursing me for monieswhich I simply do not owe. Most recently Rockwell acting on behalf of Arrow onbehalf of MBNA contacted me, and having gone back to Arrow and MBNA wrote to mesaying they had been instructed not to pursue me further. I suspect you havenow wasted money buying details for a debt which simply does not exist



As the original creditor has confirmedthey are totally unable to fulfil my CCA request, I do not expect to be harassedby a third party such as yourselves. I am NOT prepared to enter negotiationover a disputed non existent debt, and unless you are confident of success incourt then please do not waste my time sending idle threats; instead servecourt papers where I will be more than happy to defend my case and fight thefiner details, more so requesting a statement from the court confirming thisaccount is irredeemably unenforceable in line with s.127 (3) CCA 1974.



I would recommend 4 courses of actionfor you



1 – Contact whoever you bought the debtfrom, and enquire as to why they are selling legally unenforceable debts toyourselves

2 – Introduce some rigorous qualitycontrol so that you are not exposed to financial loss associated with pursingdebts which do not exist, and that you don’t incur the wrath of the regulatorybodies

3 – Send the debt back to Arrow andMBNA with a copy of this letter insisting that they begin to behave responsiblyand do not pursue nonexistent debts

4 – Have the courtesy to write to meconfirming that you will neither contact me again, nor pass my details to anyother third party



On the basis that this was a genuineerror on your part, I am giving you my time, and the cost of this letter(recorded delivery!) free of charge, however, I do not intend to repeat thatand in the event of receiving further correspondence I shall either deposit thepaperwork in a shredder or should I decide a reply is warranted enclose aninvoice for £17.50 per letter I need to send. I will have no hesitation inpursuing this invoice in similar methods to yourselves, sending blanket letterswith threats of action, and reserve the right to sell your details to any thirdparty I choose without any consideration as to the methods, or ethics of thatthird party.



Finally, you may want to consider whetheryour line of business, namely taking data from non reputable sources andpursuing people without even checking the history or validity of any debt, is agood business to be in. There are far more productive ways to contribute tosociety and I suspect, ignoring the financial consequences to your careerchange, you would sleep better at night and find more contentment.



Regards,

DIGITALLY SIGNED

shedhead55

It is just my opinion and I don't wish to appear critical but I think it would be more likely to taken seriously if it were shorter and less emotional. I can fully understand your desire to speak your mind but the people you are dealing with are so thick skinned that I feel the emotion will have little impact and detract from the real issue.

I would be more inclined to focus on the guidelines they are breaching, the inaccuracy of the data they hold and the actions that you will take with the regulators if they continue, rather than the actions you feel they should take to get their business in order.

debtfree1day

fair point, the sarcasm and condescending comments were really to make me feel better, rather than due to any expectation that they would change their working practices

I will tone down, and take the comments around invoice costs etc out

cheers for feedback

Lensman_2

Having written one or two over strong letters myself I would agree that a simple statement of the facts and what you require them to do will be more likely to get results.

You also need to be careful on what you are claiming are facts.

Being in default of the CCA (S77-79) does not mean the debt does not exist. It just means that they cannot enforce it. The debt still exists and they can still demand payment.

OFT guidance forbids them from threatening to take you to court so (in my experience) they do not.

I think you could still send a concise version of what you posted and see what you get back.

In the meantime there is some further reading about this below:
http://www.wragge.com/analysis_5241.asp

Lensman_2

Sorry to double post, but I just re-read your letter in detail.

Is this debt still in dispute? Did you formally raise a dispute with MBNA?

debtfree1day

Hi mate, as I said in the draft letter, I have written correspondence from MBNA OCT 10, saying they cant find a full agreement, and whilst in accordance with xyz, they can pursue and register as outstanding with debt reference agencies, the fact is they cant and wont pursue in a court room

therefore, I told them to get stuffed, and they did, but keep sending umbrella outfits after me

Lensman_2

I would suggest that you formally place the account in dispute with the DCA and MBNA because you cannot verify the sum demanded is correct. (Assuming you haven't done this already).

They will carry on farming the account out to DCAs and you will need to carry on batting them back.

Then prepare a simple letter saying that the account is in dispute with the original creditor due to the lack of an agreement. The debt is therefore unenforceable due to the default of your CCA request and that they should stop recovery activity due to the dispute. Fire it off when the next DCA pops up.

debtfree1day

cool...i cant remember iof i did his once upon a time or not, but i will do it immediately - i i have formally disputed twice then all the better:j

chgeers

debtfree1day

Please note that Arc is a debt collection "agent", acting in good faith on the instrcutions received from a "disclosed" principle, namely Arrow Global Guernsey Ltd. We are therefore authorised to write to you in connection with the above matter and have acted in accordance with our clients instructions and within current collection legislation and guidance. We reserve the right to produce our correspondence to any Tribunal, regulatory body or investigating authority to prove our compliance and good conduct in this matter

Please note that there has been NO "assignment" of this debt from Arrow Global Guernsey to Arc LTD. However, this account was assigned from MBNA Europe to Arrow on xx, xx,2011

Please be advised the account is currently on hold, as we have passed your comments to our client and are awaiting their instructions.

We will be in contact in due course

xxxxx

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what do you all think? ignore?

cheers

eyeopener2

Sit and wait.

debtfree1day

THANKS EYE

What for? what do you think they might do next? I expect in about 6 months some other turkeys will turn up and send me a letter, but do they have any other options?

Cheers