Showing results for tags '78(6)'.
-
Hello, this is my first post, as have made use of other material to get this far. However, I now need answers to a specific set of questions. I have a credit card account with HSBC, nothing paid on it since feb 2008. It has been passed through the usual subsidiary debt recovery agencies and has been the subject of two section 77(1) requests, one of which, july 2009 was passed back to HSBC, who then passed the account to another agency, who were sent a 77(1) request jan 2010, which was not even acknowledged, fee not returned. Suffice to say that nothing was ever sent to me to satisfy my requests. Earlier this year, HSBC sent letters informing me that the account has been sold to MKDP. It is my understanding that where a 77(1) request is unfulfilled, the account cannot be passed to another agency or sold to another firm under section 78(6) and as such is unenforceable. Is that correct? As this breach of CCA Regulations has occurred previously, the account now CANNOT be enforced. Is that correct? I received a letter from MKDP yesterday who require me to provide evidence that the account was in dispute with HSBC or will be referred back to their Collections Department. My inclination is to tell them to stuff it as they have already been informed that I do not recognise their having legal title to the account. Is this likely to be regarded very dimly by a judge in the future? How am I to square the fact that it seems to me that HSBC sold this account unlawfully? Should there have been a duty of care on MKDP as responsible holders of a Consumer Credit License to have satisfied themselves as to the legality of their purchase before the sale of the account? Am I even obliged to enter into communicative discourse with MKDP? Help would be very greatly appreciated. BD
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...
IPS spam blocked by CleanTalk.