Please Help. Mbna Have Passed Me To A Dca.

[missjoy]

:edit:

[DCG]

ask both for it a gain in wrighting but dont mention the letter you got see how shoots there self firsr in the foot

[Turnaround]

You firstly have to find out who now owns the debt, as in Arrow Globals letter they only mention "assigned". this could mean they have been asked to administer or chase the debt.

If by "cut" you mean offer a full and final settlement at a % of the debt. If they own the the debt then yes.

Finaly you can ask for time / 28 Days to gather your financial details together in order to propose an offer of repayment.

Regards....Turnaround

[missjoy]

:edit:

[missjoy]

Can anyone help? I dont have much time & im starting to worry...

[REG SINGH]

Hi,

I Am In Similar Situation With Abbey Current Account (basicaly Same Principle)they Sold Myaccount To Wescot In 2004 Total £2400 All In Charges I Obtained 6yrs Statement And Came To Know That Total Charges In Total Was £4200 ,however I Was Making Monthly Payment To Wescot Since 2005 But When I Came To This Site I Imformed Wescot That I Am Not Making Any Further Payment To You And I Am Taking Abbey To Court I Sent Them A Copy Of Letters And They Said They Wish To Help Me And I Should Comunicate With Them In Future Because They Are Legal Owner Well I Told Them To Get Lost And I Have Issued Court Summons For £2400 After Deducting Outstanding Balance I Am Waiting For There Defence They Have Till 2/11/06 .in Mean Time Wescot Gone Dead As A Mouse. This Is What I Have Done. Take More Advice

[missjoy]

I see Reg, thank you very much for your post. Forgive me for being silly & please correct me but I thought you would have to pay the debt to Wescott & pursue Abbey for the charges? Should i ask the DCA for 28 days grace to seek legal advice even though they want payment on or before 26th October? Thanks again, if anyone else can add anything this will be greatly appreciated.

[Turnaround]

MBNA are notorious for confusing people and your case is typical.

As you say your in the process of claiming your charges back, and you are at a stage that MBNA are looking into the matter it would be fair to argued that the amount of debt is in dispute. If this is true then MBNA had no right to sell the debt on in dispute. You could then inform Fredrickson you do not acknowledge the debt etc….and concentrate on MBNA regarding your charges.

If your not at this stage however, dispute the debt with Fredrickson using the CCA request (Recorded). You don’t have to outlining the reason i.e. unfair charges. This will have the effect of putting the account on hold until they produce the documents requested, and bypass the possibility of the refusal for time to gather your information. It is your right then, NOT to have to pay anything during the CCA process until satisfied.

Under the terms of this sale, and as defined in the Data Protection Act 1998, Arrow Global Limited is now the data controller of your personal data contained in the records of this account.

You have the right to update your personal data. Should you wish to update your personal data, please contact Arrow Global Limited ay 10th Floor, One London Wall, London EC2Y 5EZ.

Regarding the above, this is absolute rubbish. You MUST ask them for a copy of your signed consent for them to process your data.

To quickly explain;

When you first take out credit with the provider, you sign a credit agreement. Within this credit agreement you give the provider permission to use and share your personal data, to a CRA for instance. When they sell the debt this consent cannot be transferred to a third party.

When a DCA buys the debt and then approaches you, there are two points to understand and each is important but different.

1. The DCA has to prove the debt is yours.
2. The DCA has to prove they have your permission to process your data.

With the CCA letter you are asking for proof that you owe the debt. This will be in the form of the signed true copy of the original agreement. And proof they now own the debt i.e. Deed of Assignment. This is why the CCA request is so important. If they cannot supply all the relevant documentation then the debt is unenforceable, that is to say they can only ask for payment and not take any action. However, if it does turn up then they can take action.

As for your data, when a DCA purchases the debt, when they first contact you, they must provide you with a deed of assignment PLUS a letter for you to signcontaining authorisation for them to process your data. This is because the credit provider cannot transfer your original permission because consent is not given in perpatuity. Not having your permission means they, the DCA cannot process your personal data or pass it to any third parties, as this data is unsubstantiated and therefore can’t contact the Credit Reference Agencies to lodge defaults. Any defaults lodged can be removed under the provision of CCA section (159) and to stop them processing your personal comes under CCA section (174). Reading "default hell" shows that they have to abide by your rights even though this severely restricts and often halts them managing your data i.e. your account.

Because the DCA hasn’t followed the correct procedure means they have now got the problem of not being able to satisfy the requirements of either the CCA or the Data Protection Act. And consequently fall foul of the law with the threat of summary conviction even if they don’t continue. Now faced with a "hot potato" they have the choice of dropping it or burning their fingers. Whether they go away is an option they have to seriously consider, especially when the Information Commissioner gets involved.

I hope you can understand the difference, but both are important in there own way.

Regards.....Turnaround

[missjoy]

Turnaround thank you very much. With regards to claiming back charges from MBNA i am only at the stage of requesting my statements, so no dispute has been entered into yet.

Just to reiterate, this was the first letter (above) i received from the DCA. I will send off the CCA and i will see what the DCA have to say. This is all very complicated for me, just when i was getting my head around claiming charges back! Thank you very very much for your help. I will let you know how i get on on this thread & i am praying you will be here to advise. Thanks again Turnaround

Now, is this the CCA letter i have to send to the DCA?

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006


The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

What could i add to cover what you wrote about "As for your data, when a DCA purchases the debt, when they first contact you, they must provide you with a deed of assignment PLUS a letter for you to sign containing authorisation for them to process your data." As this is the first time they have contacted me?

Many thanks superstar Turnaround

[emmaphill]

HI

Would just like to say you are not alone. I too recieved a letter from Arrow stating that they have been assigned my account from MBNA - Exactly the same one as you it looks like. The Data protection partt did stand out to me on first reading this and i will be fighting them on that ground to start.

Some background to me - I am further down the line to you MBNA sold on this debt after i had issued my claim against them for repayment of charges. I think they have been unfair as the amount was in dispute.

If you would like any assistance please pm me and we can put our heads together on it! 2 thinkers may be better than one!

Good luck!

[Turnaround]

What could i add to cover what you wrote about "As for your data, when a DCA purchases the debt, when they first contact you, they must provide you with a deed of assignment PLUS a letter for you to sign containing authorisation for them to process your data." As this is the first time they have contacted me?

Yes, this the correct template but I would you suggest you edit it to read;

"a true signed copy of our credit agreement"

Add a paragraph for your data, something like;

"I do not appreciate your attempt at trying to mislead me with regards to the Data Protection Act. The Data Protection Act does not allow a Data Registrar to transfer my rights without informing me first, or to transfer its obligations of Data Protection to another party without my prior written approval. Whilst the Consumer Credit Act allows banks to transfer debts and amounts of alleged indebtedness, there is nothing in there that allows the transfer of the complete contract. In this regard, please also supply a true signed copy of my authorisation allowing you to process my personal data.

If your not in possession of my written authority, under provision of the above acts (Principle of the Data Protection Act & CCA Section 174), you have no legal right to process or disclose my personal data. I insist that you remove any reference to this alleged debt from my credit file and the immediate cessation of the processing of my data to any third parties as this data is unsubstantiated.

Please be advised, that any future attempts to mislead or circumnavigate your responsibilities contained in the above acts, will without further notice be reported, but not limited to the Information commissioner.

Without ambiguity, I trust I make myself perfectly clear and look forward to your considered response.

Yours Faithfully"

Regards….. Turnaround

[Turnaround]

emmaphill.

Some background to me - I am further down the line to you MBNA sold on this debt after i had issued my claim against them for repayment of charges. I think they have been unfair as the amount was in dispute.

They cannot take action or transfer whilst in dispute and you need to state this clearly to both parties and report them.

Regards.....Turnaround

[missjoy]

Turnaround, is the credit agreement i am requesting from the DCA the agreement between me & the DCA? Its just that i dont have a credit agreement with them. Sorry, i am so stupid, but im very gradually getting to grips with it...

Will i also write anything regarding the fact i am not going to pay until i receive the agreement? I am planning to have my letter sent off by tomorrow (monday). they're expecting payment on thursday!! Thank you very much for all your help so far. To say id be lost without it, is well, erm, a huge understatement...

[midge61]

Hi missjoy
sorry you having a bad time. Can I suggest thet you edit post 9 and remove your address and account number. You never know who reads these posts!!

[missjoy]

Originally Posted by midge61

Hi missjoy
sorry you having a bad time. Can I suggest thet you edit post 9 and remove your address and account number. You never know who reads these posts!!

thank you for your conern midge61 but i think that is some random account number & random address that is just on that particualr template & not a number assigned to me by anyone. Thank you agian, v nice of you to let me know anyway.

[missjoy]

I have now sent my CCA letter off to them today via 1st class recorderd delivery (Mon 23/10/06). Turnaround, wiil be delighted if you can answer post #13 as soon as you get a chance. Thank you very much

Also thanks to CrispDust for their help on my other thread.

[Turnaround]

regards #13
The agreement is betwen you and a bank or Credit card Company. The original company.
You are entitled to withhold payment whilst in dispute.

Sorry for the delay.

Regards....Turnaround