Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I had an Abbey National credit card from around the late 1990's. It transferred to MBNA when they took over Abbey's credit card business. After defaulting on the card the alleged debt was sold to Lowell's a DCA.
They chased for 10 500 pounds (ten thousand five hundred pounds) for several years, although i was abroad and they could not go down the county court route.
Recently, I did a CCA request and they wrote back to say they had contacted Abbey for a true copy of the original CCA.
There was a follow up letter saying it was taking longer than expected and then recently i got a final letter from Lowell's. They said that Abbey never kept records that old and they didnot have a copy of the original CCA.
On this basis, Lowell's have said they will not write to me or contact me again, so effectively the 10 500 quid ir written off.
Although delighted by this and allthough now living abroad, I note my crfedit reference files still note the debt. is it possible to get it removed?
I would stop all communication with them, as should you return to the UK they might start recovery claiming you have been in contact, and the debt therefore wont be statute barred.
Andy
Advice is based on my personal opinion, and what I have learnt from this forum.
If you need legal advice please consider consulting a lawyer.
I'm moving abroad soon and just CCA'd MBNA. How can I let MBNA know this so they do not start any court procedings or harass my mother who will be forwarding my mail?
Thanks, good advice, I will now "disappear" from them......
Originally Posted by old_andrew2007
I would stop all communication with them, as should you return to the UK they might start recovery claiming you have been in contact, and the debt therefore wont be statute barred.
They have 12+2 days to supply the CCA so maybe you will get it before moving abroad.
In that case you can see whether you can dispute it and whether or not it is unenforceable and write to them accordingly, using template letters.
Either way, they cannot touch you abroad as there only line of obtaining payment from you is from the county court and that does not apply when you are away.
having said that, Egg knowing that I was abroad did do a County Court summons that they won by default. As soon as I found out, I had it set aside.
What I suggest is that your mother just forwards all your post. Then you can see what dirty tricks they are up to. In the meantime write and tell them you are going abroad. If staying away for more than 6 years, the case will become statute barred, so no need to personally contact them.
Originally Posted by Whagwan
I'm moving abroad soon and just CCA'd MBNA. How can I let MBNA know this so they do not start any court procedings or harass my mother who will be forwarding my mail?
Hi Alinsindebt just want to mention my case with MBNA.I got my default removed as it should have been defaulted in 2000 which would have been off (6yrs)in 2006.I was paying a dmp and then MBNA sold the debt to HSO Services and put a default on it in 2006 which then wouldnt have been clear till 2012.I argued to information commissioners office that this was unfair to have a bad credit file for 12yrs.They agreed should have been defaulted in 2000 and i won my case default removed hope it helps Ian
MBNA £250 bank charges refunded.
MBNA claimed £2700 in PPI
MBNA default removed.
WESCOT balance written off no cca.
WESCOT default removed.
TIME RETAIL.default removed.
LLOYDS TSB.£150 charges refunded
MINT £220 charges refunded.
currently 4 in dispute unenforcible agreements.
HFOS ordered to remove default
YORKSHIRE paid token £200 PPI going now for full £600
Just interested, have they removed it from your credit file?
I have their acknowledgement that they do not hold my CCA, wondered how to get it removed from my file
Should I offer F&F? Realistically they should snatch my hand off!!
Don't, for goodness sake, send them a F+F offer! If you have not already done so, use a template dispute letter. I did that and they wrote back saying they had closed the account. You should do the same.
Unfortunately, they will leave it on the CRA files. If you look over some threads on here, there are also details on how to write to them in an attempt to get it removed.
They have 12+2 days to supply the CCA so maybe you will get it before moving abroad.
In that case you can see whether you can dispute it and whether or not it is unenforceable and write to them accordingly, using template letters.
Either way, they cannot touch you abroad as there only line of obtaining payment from you is from the county court and that does not apply when you are away.
having said that, Egg knowing that I was abroad did do a County Court summons that they won by default. As soon as I found out, I had it set aside.
What I suggest is that your mother just forwards all your post. Then you can see what dirty tricks they are up to. In the meantime write and tell them you are going abroad. If staying away for more than 6 years, the case will become statute barred, so no need to personally contact them.
Where do I find the "template letters" referred to above. I have searched and searched but found none on this point.
Where do I find the "template letters" referred to above. I have searched and searched but found none on this point.
If it's a none complaint CCA try something like this:
Account In Dispute
Dear Sir/Madam
Re: my request under s78 of the Consumer Credit Act 1974.
Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.
My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.
As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.
You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).
To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.
The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. . You entered into a default on **12 Days DATE**
Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.
Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.
Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.
To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
I would appreciate your due diligence in this matter.
MBNA write off 10 500 pounds
National credit card from around the late 1990's. It transferred to MBNA
Reply With Quote
Originally Posted by old_andrew2007
