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MBNA CCA Received. Is it valid?


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Hi,

 

For the past few months I've been dealing with Transcom/Arrow Global (are they the same company?) and a door-to-door DCA called 'UK Debt and Legal Services' for an alledged outstanding balance on a loan I took out in 2003.

 

The alledged amount isn't much but the 3 companies mentioned above have been very persistent so I did a CCA request to UK debt and Legal Services (who were the most persistent) on 01/08/08. I also did a CCA request to transcom this week as they have just started sending me letters too.

 

Today I received another letter from UK Debt and Legal Services containing a copy of the agreement I signed in 2003 as per my CCA request and they say they're giving me another 7 days to pay.

 

It's taken them 5 weeks or so to reply (letter was dated 19/09/08 but the agreement 'looks' valid in principal.

 

I've scanned-in both sides of the A4 photocopy I received, in the hope that an experienced forum user can shed some more light on it...

 

MBNA1.jpg

 

MBNA2.jpg

 

Thanks.

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It has the prescribed terms and your signature in the same section and the T&C's are there - I'm afraid it looks enforceable. It's always worth checking the figures to see of they are correct. You'l find interest calculators if you Google.

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Thanks for your replies. Should I ask for proof that a debt is owed and that they have the right to collect on it? Also I though that they had 12 days to fulfill my CCA request and it took 5 weeks?

 

I'm not sure who is actualy collecting the debt now as Arrow global/Transcom originally sent me letters then UK Debt and Legal started sending me letters too and have sent me the copy of the agreement.

 

Thanks.

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The debt is in dispute if they do not send you a copy of the agreement within 12(+) days but once they have found the agreement the debt becomes payable - the account is no longer in dispute. You can, as you suggest, inform them that you have not received a Notice of Assignment from the original creditor and therefore have no proof that they have any legal right to collect the debt.

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Thanks Pinky69. Assuming then that they have the right to collect the debt, I am thinking of offering them a lump sum lower than what they're asking for, to bring this matter to an end.

 

Would this just be a waste of time? (i.e. they will just write back and say 'no, pay the full amount'!

 

Failing that, I will write to them and offer to pay a monthly payment of £20. What's the official way to do this, do I need to fill in a means for etc?

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Offer them only what you can afford to pay. They may refuse a reduced lump sum to begin with but offer you one later. If they do offer you one, get it in writing and make the conditions that they will erase any entry they have made on your credit files and that they will not sell the residue of the debt to any other agency, then pay through a third party - a relative or friend - as proof the agreed sum was paid. You don't need to send then income and expenditure forms - you decide what will be paid, not them. They may mump and moan about it and try to put pressure on you to pay more but at the end of the day they will accept it because they know if they took you to court no court would order you to pay more than you can afford.

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Thanks for your continued input. Would it be worth requesting all the information on the alledged debt, i.e. what payments have been made and when, so I can work out if the amount they are asking for is correct.

 

I am sure that the amount they are asking for is too high. I stopped making payments to the original creditor due to unemployment in 2007 and the first payment of 48 (4 years) was made in 2003.

 

I was planning to make re-payments to the DCA who took over the debt but found CAG and decided to CCA them.

 

If I make a request for this information, does this put the debt in dispute again? If anyone can point me in the direction of a suitable letter it would be greatly appreciated.

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You need to make an SAR:

 

 

DATA PROTECTION ACT 1998

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

 

Remember to enclose the £10. This does not put the account into dispute but is a request for information.

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If they have applied charges then the SAR will tell you. It should also reveal if there was any payment protection insurance (valid, mis-sold or whatever) and you should be able to work out exactly how much you should really owe. And then you can start looking at settlement figures...

 

I would agree that the agreement looks enforceable:mad:. In which case, even if you have sent them the SAR, perhaps you should make a token payment offer in the meantime, just incase they decide to go to court. At least if you have offered them even just £1 a month it would go in your favour.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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