HELP - CCA advice please

kevster1009

Correct Rog...did those and they have gone way way over the 30 days

moonlightpjs

Report them to TS now!!!!

Steven Brimble, Lead Officer, Lancashire County Council,
58-60 Guildhall Buildings,
Preston,
PR1 3NU

fiveyearplan

Thanks Weller. My requests to both MBNA and Cahoot have now passed their 12+2+30 days and I sent them the letter saying they have 7 days before I report them to TS which will be next week. Is there a template letter to send to Steven Brimble?

fiveyearplan

Okay, I'm now ready to report MBNA and Cahoot to TS and OFT. Is there a template letter to send? Also does anyone have the address for OFT (TS address is in Weller's post above).

fermi

fiveyearplan wrote: »

Okay, I'm now ready to report MBNA and Cahoot to TS and OFT. Is there a template letter to send? Also does anyone have the address for OFT (TS address is in Weller's post above).

http://www.oft.gov.uk/contactus

fiveyearplan

Thanks Fermi.

fiveyearplan

We got a letter on Friday from a solicitor of MBNA saying they are 'instructed to claim immediate payment ....' Should I write to them telling them the processes I've been throught and MBNA have acted illegally by not sending me a copy of CCA withing the prescribed time limit etc and that I have reported them to OFT and TS?

fermi

fiveyearplan wrote: »

We got a letter on Friday from a solicitor of MBNA saying they are 'instructed to claim immediate payment ....' Should I write to them telling them the processes I've been throught and MBNA have acted illegally by not sending me a copy of CCA withing the prescribed time limit etc and that I have reported them to OFT and TS?

Are the solicitors part of MBNA or acting on their behalf?

With regards to the OFT, I believe they will normally refer you to Trading Standards and also recommend that that you consider involving the FOS. The OFT make a note of complaints, but won't normally act on them themselves.

fiveyearplan

The solicitors are called Reestons and the letter says 'we are instructed by MBNA'. It also says that we have until Friday 21 March to pay or a summons will be issued for full balance...A Judgment will be entered against you ... blah de blah

fermi

Well, Reestons can have something along these lines then:

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