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This account is in dispute with **original creditor/DCA** and has been since DATE .
Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998
My previous dispute from **DATE** has NOT been answered.
As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection Act request , 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 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** cannot lawfully pursue any enforcement activities.
If **New DCA** 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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings 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
or this? ACCOUNT IN DISPUTE
Your Reference:
Client reference:
Dear Sir or Madam,
I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***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 ***DCA*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, 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 be averred as both UNLAWFUL and VEXATIOUS.
Now I would respectfully suggest that this account is returned to ***DCA*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.
If ***DCA***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.
I hope that this will not be necessary and an acceptable solution can be accomplished.
I would appreciate your due diligence in this matter.
Yours faithfully
Or is there something else I should send them? I'm not too sure is RMA part of A & L ? Or are they an independent DCA?
The letter is from Alliance and Leicester but it says they have not been able to send a copy of my original agreement and that they have requested a copy of it and should Alliance and Leicester be able to provide them with a copy, they will forward it to me.
I could understand this if it was written on a MBNA letterhead but from A & L ??
cupcake68, those details are NOT from Alliance & Leicester, they are from MBNA. MBNA does NOT have your original CCA, that is why they have not sent it, not because they are exempt from doing so. If they had it, they wouldn't have asked A&L for a copy. If you write directly to A&L requesting this, they will NOT be able to provide you with it either. A copy of terms and conditions does NOT constitute a true copy of your CCA and a copy of the most recent T&C's most certainly does not. I know because I requested a CCA and got exactly the same reply.
MBNA will now sell your "debt", whether in dispute or not (and if it is, they are selling it illegally) most likely to Capquest. You will receive no notice of assignment and Capquest will begin a campaign of threats and intimidation, ringing you several times a day and sending you letters at least weekly, ultimately resulting in a seriously flawed and illegal Statutory Demand and threats of bankruptcy. I know because its happening to me.
DO NOT give in to these bullying tactics. DO NOT contact them. DO NOT confirm your identity if they contact you. DO NOT make any agreements to pay. They WILL NOT send anything by recorded or special delivery and so will have no proof of any letters being delivered to you. And they WILL NOT follow through with bankruptcy threats.
DO claim all your charges and penalties back. If they send you a Statutory Demand, get it set aside and claim your costs back. DO write to the Office Of Fair Trading (OFT) and make it aware of both MBNA's and Capquest's practices. Report them to your local Trading Standards.
The power is in your hands, not theirs. They know it and are running scared. Keep the faith!
The DN would be defective due to the postage service used.
The DN also refers to paragraph 8 of an agreement - I'm sure that the terms and conditions that Alliance & Leicester used would be totally different to those that MBNA used for CCA's.
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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.
Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
You can tell them that as the account 'is' in dispute, they have been sold it illegally and that you will have nothing further to do with them
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Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
I informed Experto that the account was in dispute and should not have been sold on.
Their response states that A & L supplied the "copy application and terms and conditionds" last year and that "no further communication has been received between" me and MBNA.
Where do I stand with this now?
Should I write and say if you are thinking of taking this to court you would need a copy of the original signed agreement and why not just supply it now to save time and costs or should I ignore them for now?
I sent them the letter in May 2010. They wrote back in June saying they had referred the letter back to MBNA and account is on hold until further notice.
I never heard any more until this week!!
Normal letter "because there is no payment commitment on this account it is being reviewed" !!!!!
I think I will write back and remind them of the dispute that has been ignored!
I have now received court papers combining this account with an MBNA account I have. Both have been bought by Varde and the POC's are not complete! It looks like they have run out of room!!
Esile Vs A & L
and one letter requesting payment but no mention of my request.
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Originally Posted by cupcake68
