Either may happen. But don't pay them anymore. Just sit tight and try to forget about this for the moment. Without documentation they are in breach and cannot enforce the debt. Well done. You can relax for a bit now. They may find the CCA or not. Even if they find it it may not be compliant with the CCA.

Would you be prepared to disclose details? And were you the claimant or defendant? Did you take them to court and get the judge to set aside or were you defending a repo? Because you seem to be saying that you can get a MSA but only on the direction of the judge. However, you don't know what is in it until you receive it, so you wouldn't know before you went into court. Were you successfull in getting an MSA as a disclosure before the hearing date? And can you confirm that it is Acenden that you were dealing with?

Firstly, the mortgage sale agreement will be bundled with 10000 others and it is not likely to be made available. If I am wrong, and someone has actually managed to get their MSA from this company, I am happy to be corrected. I can't get mine, and as far as I know I have no legal right to demand it and it won't be in a SAR. The company that was the originating company would not have transferred the title until such time as the debt was registered with the Land Registry, this may not have happened yet. My debt was registered in 2010, four years after it was sold by the originating company and in that four years this company, which presumably had been paid out in full for my debt, attempted to repossess in its name on two occasions. It is important to be clear that no-one to date has won a court action on the basis of who owns the debt, certainly not in a county court. Again, if anyone knows otherwise ....... Advising that this is a quick fix in a repossession hearing is dangerously misleading and could lead to tragedy. You will be facing Acenden's solicitors in court. They are not the owners and do not claim to be. Preferred will have sold the loan, but if they have not registered the sale yet then they are the ones who can still repossess. You have checked the Land Registry, if Preferreds name is still there, they still have equitable ownership of the loan and it is they who will be the claimant. If you got hold of a copy of the Mortgage Sale Agreement you could baffle a judge enough to get at least a postponement, but getting hold of it is the issue. Go and look at the very long thread from "applecart" on equitable and legal ownership of securitised debts, it is a minefield.

Preferred will be the originating company with whom you got the mortgage in the first place. This mortgage has been bundled with many others and sold on, within months of you signing up to the mortgage. ie it has been securitised. Acenden are mortgage administrators who work for both Preferred and on behalf of the true owners of your debt. Acenden don't own your mortgage. Acenden will be the ones taking action against you but will do so in the name of Preferred despite the fact that Preferred no longer own your mortgage. There is no point attempting to challenge the "who owns what" issue, it is too complicated. Lots of things flow from this. For one thing, you cannot go to the financial ombudsman and complain about the conduct of Acenden. Acenden act on behalf of the administrators - who don't really exist except as a name and some directors.

Yes, stand corrected, should be to the DCA chasing. 12+2 is 14 Brig!

OK, now you need to make a CCA request to MBNA enclosing a postal order - which you must not sign. Post it up here when you get it and i am sure you will get expert advice. They have 14 days to supply it. The DCA cannot enforce if they are in breach of your request. MBNA probably don't have a compliant doc, - which is why they sold the debt. If it is not enforceable then you can take a decision whether to pay or not.

Sorry post got out of sequence

Lily Monroe, have you got the credit agreement yet? Without it how do you know they have an enforceable debt?

I am not sure if the last post was directed to me. The FSO simply say that I have agreed to the terms and conditions, although they were a separate document to the one I thought I was signing. Over my signature it says that I have seen the booklet and the Loan Terms and conditions. It's presumably my mistake that I thought the Loan Terms and Conditions were the Mortgage Conditions. It is annoying but I don't think significant. If they can have Terms spread over several documents, then what they have done is sneaky bu not illegal. If the document accompanying the agreement has to be a single all embracing sheet of terms and conditions - which really it ought to be surely - then what they did is naughty and it gives me something I can argue with.

If the £50 compensation - without removing any of their ludicrous charges - is their final offer you are now free to take the case to the FSO. The FSO MAY agree that if you are given a late arrears payment because you were late with one payment, then they were wrong to put it on AGAIN the next month if you were on time with the next payment just because you didn't pay off the late arrears charge. You might get back most of your charges. The FSO seem to understand it is is unfair to put charges on failure to pay off charges. Do you have your statements? If so, you need to itemise all charges you think are unfair. Others on this forum may disagree but I don't think its worth saying each charge is too high. They are, of course, but the FSO does not seem capable of saying so. Your best argument is to say this charge should not have been placed on the account. I have been successful in reclaiming £2000 worth of charges, but it has taken a year to do so.

Have received a FSO ruling which says that the clause which allows them to impose a new set of charges when they feel like it is not in the credit agreement which we signed, nor in the "mortgage conditions" which were on the back of the mortgage charge - which of course, we also signed but in a separate Loan Terms and Conditions - which the company sent the FSO and which we have never seen and the FSO say were neither signed by us or dated. So they have two sets of loan conditions - mortgage conditions and loan conditions, which seems a bit sneaky. no idea what is actually in the Terms and conditions - guess I will just have to send a CCA request.

how is it going nicurro? you have not posted for a while? Are you checking on the Default fee account that any payment you have made on the arrears is in fact being credited to the right account?

Well done! you say you have been making payments over and above your contractual payment. Have you checked these payments have been properly credited and have been used to reduce the arrears? Look at your default fee account. It should have a column for payments due. Are your extra payments appearing here? Is the outstanding arrears debt being reduced by the appropriate amount?

Got my statement today and that my overpayments to pay arrears (which are all charges) are being credited to the capital and not to the arrears statement. Anyone else had this?

New statement from Acenden today and it seems that although we have been paying in an arrangement with £30 extra since 2009 the extra has been coming off the capital and not the arrears. When we do the corrections we are not in arrears at all. that means most of the charges are unlawful £2000 and an attempted repo. (over £400) We have an FSO claim running so its back to the adjudicator. I wish i could charge THEM for my time. At a rough guess it has been 500 hours since this time last year.