old mbna cc debt, is it enforceable?

vix2000

So neither removes the debts from your records, just makes it unenforceable?

RAS

Hi

A statute barred debt would not appear on his file as it is out of time.

A more recent debt might have a default but if they cannot produce the CCA, then you can demand that they remove it. If they do not write to the Information Commmisioner as they are peddling false information.

See weller's letter below.

One bogoff letter courtesy of weller.

Allow 12 working days after they received the letter and then another 30 calendar days after that expired before you send this letter. Since you are after your money back, I would give me one or two days "grace", so that there are no loop-holes.

Alter the letter to include both dates and best of luck.

And make sure you have stopped any payments.

ras




Dear Sir/Madam

Re:−
Your Client Ref:



I refer to my letter dated (enter date) which was delivered via Recorded Delivery to your offices on (enter date).

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the (enter date) I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time (enter DCA name) purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on (enter date) and (enter date) respectively.

As you are no doubt aware, Section 78(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; and
(b) If the default continues for one month he commits an offence.

Therefore on (enter date) this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to (enter DCA name).

I require the following action from (enter DCA Name) :

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by (enter DCA name). Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.



4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force (enter DCA name) or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.


Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I look forward to your reply within 14 days to resolve the matter amicably.


Yours faithfully

vix2000

thats great, thanks. Just waiting for the credit files to see whats on then I'll send off the letters.

vix2000

Have now received files from call credit and experian, just awaiting equifax. Have decided to send wellers letter (thanks RAS) to scotcall as they are threatening action again. Have re-read both letters thoroughly and I didn't read the 2nd letter properly before. What exactly does the following mean?

1. All payments made to date to (enter DCA name) for this account should be refunded in full, including interest at the rate of 8% per annum.

What should be refunded?

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

Has anyone actually got a refund/compensation?

RAS

Vixen

Weller has got money back. last time she write her about it, I think she was due to send in the bailiffs to collect one lot of money.

vix2000

He is not totally sure, as he has written to ask a couple of the dca's to stop harrassing 3rd parties. He also had a sherrifs warrant and had to take a statement of means to court for one of his debts, but I don't know which one. will ask him later.

What would happen if he sent the 6yr limit letter and he had contacted them?

On the call credit file and Experian there are no ccj's, BAI's or CIFAS, no adverse payments or defaults.

fermi

vix2000 wrote: »

He is not totally sure, as he has written to ask a couple of the dca's to stop harrassing 3rd parties. He also had a sherrifs warrant and had to take a statement of means to court for one of his debts, but I don't know which one. will ask him later.

Does that mean he is in Scotland? The law is different if he is and the limitation period is only 5 years not 6.

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If he's been taken to court and a decree/judgement has been obtained, then that one may not be statute barred.

vix2000 wrote: »

What would happen if he sent the 6yr limit letter and he had contacted them?

If it turned out not to be barred he could still request the credit agreements.

vix2000 wrote: »

On the call credit file and Experian there are no ccj's, BAI's or CIFAS, no adverse payments or defaults.

Suggests to me that they are likely to be time barred.

I think you need to get some firm information from him on each debt.

For each one:

a) Has there been a court order/decree been made on the debt to the best of his knowledge.
b) Has there been any clear period of 6 (or 5 in Scotland) years in which he did not acknowledged the debt in writing or by a payment. Once the debt is barred it is always barred, so acknowledgement after the 5/6 years doesn't matter.

To be honest he should talk to National Debtline and sort out the best way forward.

vix2000

Hes definately not in Scotland. He has had no court orders or decrees. To be honest hes buried his head since the business went wrong and has no idea which debt is which. I'm trying my best to help him sort it. He won't contact anyone for advice, I know. I'm certain they'll be either statute barred or un-enforceable. I'll try to contact him down over the week-end and get him to go through each one and find out as much as I can. Thanks for all your support.

fermi

In that case if you can point him to the information in the two links below or print them out for him, then he can see it first hand which might help him work out what is best.

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

Link: CCA's | Getting a copy of your credit agreement and account details

BAILIFFCHASER

there are several scenarios here we go :

If judgenment was obtained more than 6 years ago it cannot be enforced without the permission of the court.

If you owed somebody money (council the man from nigerias uncles uncles uncles freinds freinds freinds uncle in nigeria etc) Then the law would look at the period when any contact was last made. Any payments made are taken into account. However if the period is over 6 years. ignore it and let them take you to court where you can explain and ask for compensation.