Thank you dx. Yes, I had an assignment letter from BOS on 20 July 2016. Am on it! camillamagnum

Hello all, I received a 'letter of claim' from Lowells on 24/12/2017 who were assigned the account on 27/6/2017. I believe I need to respond to this as a pre action protocol. I have not responded to any of Lowells communications. I've looked through some of the posts on here and believe I need only tick Box D (dispute) and box I (information) and send them the template letter as below. Is that correct or do I simply tick Box D and state there is a problem with the legal agreement? The response I got from Akinika when I requested the CCA was sent to Halifax who sent me my one page application signed and dated in 1999. It was illegible so that is another of my grounds for dispute. Thank you for your letter dated xx/xx/2017. As the letter contains a threat of litigation, it is being treated as a formal letter before action. [removed] - dx]

Sorry, I couldn't find the place on the site where my original thread was so had to repeat info when I needed to update the situation. Thank you for your good advice. camillamagnum

Last payment of £1 was Jan 2015. Here is quote from PRA's reply (30/04/2015) to my request from CCA issued to them 24 Jan 2015. They clearly state MBNA don't have the docs. Should I write to remind them of this letter? "We refer to your request for documentation relating to the above account. As previously advised, PRA Group does not hold copies of the original documents and we therefore have to request these from the original creditor. Unfortunately we have been advised by the original creditor that they are currently unable to provide this and we apologise for being unable to fulfil your request at this time. This means that we have classified your debt as currently unenforcable which means that we are unable to take court action against you to recover the outstanding balance . This does not mean that your debt is wiped out. Despite the debt being unenforceable, we are still legally entitled to: contact you and ask you to repay what you owe; pass your details onto a third party debt collection agency; update your credit reference report (as appropriate). For more information on your rights under Section 77-70 of the CCA Act...... . You should also be aware that the original creditor may be able to provide us with information in future, at which time we will class your debt as unenforceable." ps. not sure if last sentence is as quoted - ie repeat of 'unenforceable' - would need to check this. Surely they meant enforceable.

Thank you. Yes, I meant notice of assignment. I've checked my credit file and nothing on there.

Hello, I took out a credit card with MBNA in July 2002 and defaulted in the recession due to closing of my business and health probs. I agreed to pay them a token payment of £1 per month which I did until Jan 2015. In the meantime, the account was passed to Credito Experto, Aktiv Capital and finally PRA. When I made a request for CCA to PRA in January 2015 and asked to see a deed of assignment, they said they would contact MBNA but did not return any paperwork in response to my CCA or provide deed of assignment. I stopped paying them assuming that meant I did not need to as they were unable to provide the necessary paperwork . MBNA informed me the account was closed (I seem to remember I phoned them but dont have anything in writing now, even though they may have sent a letter confirming this). On 5 March 2015, I wrote to PRA: "Thank you for your reply to my letter of 24 January 2015 requesting documentation pertaining to my original application and deed of assignment. I am anxious that this does not become a protracted correspondence and therefore request that you provide me with above documentation within 30 days, or provide me with a final response so that I can take the matter further with FOS." They did not reply. In Nov 2016, I received a statement of my account from PRA. Period covered 28/11/2015 - 27/11/2016- and offering me a single payment settlement option of £672.36 of £6723.58 outstanding. In the belief that they were contacting me about a debt that no longer existed, I phoned them to say MBNA had informed me the account was closed. They said they would contact MBNA to find out. I next received another letter from PRA on 15 Dec 2016 telling me they have purchased my outstanding balance with MBNA and it is now being managed by their Investigations and Litigation Dept to look at my outstanding debt for possible Litigation recovery . If I do not reply within 14 days they will be 'forced to undertake further investigations to gain an insight into my ability to pay' and 'move to the next stage'. I think they may have tried to visit me as I have had a few knocks at the door which I haven't answered but I can't be sure it was them. I wish I had not phoned them as it seems to have escalated their collection team. What to do now?????

Thank you. Can they sell it if it's in dispute? I suppose they consider it's no longer in dispute if I don't reply in the given timeframe. I do wonder whether HBOS even looked at what they sent because they say there's no signatures on it but there clearly are - that's not the issue here, the signatures.

Ignore them. I suppose they will then threaten court and stress me out....

Hello, I have just received a letter from Westcot who now own the above account. They say they have contacted BOS, having received my notice of dispute, who have advised that they supplied a copy of the agreement complying with section 77/78 which contains all the terms, and states the name and addresses of the parties and all original terms and conditions. They acknowledge that the agreement provided does not show the signatures of the parties as this is specifically excluded by reg 3 (2) (b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. They believe therefore that the dispute has now been resolved. In the event that I believe I still have a valid dispute, I must contact them before 16 November. Do you think I should reply that the material provided does NOT contain all the terms and conditions ? And contend also that it is not fully legible?

oh I see. well then they definitely haven't complied have they?

Thanks for your reply. I posted up exactly what they sent me. It consisted of 2 pages: A tick box letter. Plus the 2 pages of the 'agreement' photocopied on both sides of one page. I assume they think the terms and conditions are included on the 'agreement'?

Honestly, I cannot remember that far back as to how and where I took the loan out. I think I shall write an 'Account in Dispute' letter to Westcot when they contact me and wait for SAR. Incidentally, I did sign the doc I posted up here (but blanked it out for security reasons). dont really know if they could argue that what they've sent constitutes a 'true' copy but maybe what they've sent could be ok for reconstituted agreement? How did the law change post 2007 re agreements? I'm not at all clear on that? Thank you.

The most recent correspondence was from BOS (Akinika have not replied at all to CCA). The debt seems to have been passed back to them as Akinika have not responded at all. This was sent to me on 5th September. They say: "As we haven't been able to agree a suitable repayment we've transferred your BOS personal loan account to a Debt Collection Agent, Westcot Credit Services. We've instructed Westcot Credit Services to arrange collection of the outstanding amount. Please contact Westcot Credit Services Ltd as soon as possible to pay back the outstanding balance." Well BOS did agree a suitable repayment with me for years (of £1) which Akinika were happy to accept. Seems one missed payment, following a CCA request and SAR request, has triggered a massive reaction. Any ideas what I should do re Westcot when they contact me?

Thanks for your reply dx. Sorry, my error, I sent CCA to Akinika....but received response directly from Halifax/BOS. The loan was taken out in 2006.

I took the loan out in 2006 for £10k. In the recession, due to personal and financial circumstances, I defaulted and since then have agreed £1 token payments due to my circumstances. Stepchange helped me prepare an income and expenditure for all my debts and I make the payment monthly. I am not on a debt repayment plan. CAB wrote to request they write off the debt but they did not reply to their letter. I currently owe approx £6,800. BOS sold the debt to Akinika/Iqor. This year I started sending out CCA requests to my creditors and found that many of them no longer have the original agreements and therefore they have written off the debts. Some of the debts are currently in dispute - this being one - although I have not officially written to say so but did stop the payment upon receipt of what looked like an inadequate response (as previously attached). I wrote to BOS to request the CCA on 13 July and received the attached response 18th August. On 25 August I requested a SAR. I am worried that maybe I should not have stopped the payment but felt sure from their response that they had not fulfilled my request.