MBNA harassment - Please Help! now sd from capquest

[sam614]

Have received a letter from their solicitors regarding a Legal Charge

 

The CCA I have received has no credit limit on it or signature (or space for it) for MBNA amongst a few others.

 

Where would you recommend I go from here?

 

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

SAM

[sam614]

you may not pass to a third party.

 

is from the in dispute letter which is usually sent after non compliance with cca timescale.

 

I agreed with postggi regarding selling/passing on a disputed debt.

 

IMO if the account is in dispute,then it should not be passed or sold on.

[sam614]

 

Today, I got a letter from a DCA named capQuest, saying my "debt" had been sold to them and that MBNA told them I had not been in contact with them "for some time". They are threatening court action, including bankruptcy if necessary, if I do not make an agreement to pay off the "debt" by 15th July. No mention is made of any outstanding figure in the letter.

 

It appears MBNA believes it is above consumer law and not adverse to telling a few porkies in order to get its way.

 

So, what are my rights here? I believe that, as the account is in dispute, they are legally prohibited from selling my account to a DCA, and in turn, the DCA is prohibited from taking legal action against me. They have also continued to pile on interest and charges to the account, even though as the account is in dispute, they are prohibited from doing so

 

op believes that account is in dispute.it has been passed to DCA.

[angry cat]

Sorry Guys!

 

There is no Law that states an account in dispute must not be sold. Morally speaking of course, Banks such as MBNA should not carry on this practice, but they do.

 

It could be argued that it goes against the OFT Guidelines, however, these are only guidelines and not the Law.

 

Do not misunderstand me, I believe that this practice is despicable and in many cases a way of releasing themselves from disputes that have become, uncontrollable.

 

MBNA sold my account to Link Financial, well Link claim that it was sold to them. This was right in the middle of a complaint being investigated by Stuart Johnson et al, who wrote to me stating that I would receive a response regarding my concerns, that promised letter was never sent.

 

The next thing that happened, was that Link Finacial started to pursue & harass me.

 

AC

[nicklea]

op believes that account is in dispute.it has been passed to DCA.

 

No he doesn't, or at least, he clearly says :-

 

Today, I got a letter from a DCA named capQuest, saying my "debt" had been sold to them

 

capquest are actually a debt purchaser, they do act as a dca as well, although in this case the debt has actually been sold to them, according to the OP.

 

is from the in dispute letter which is usually sent after non compliance with cca timescale.

 

I agreed with postggi regarding selling/passing on a disputed debt.

 

IMO if the account is in dispute,then it should not be passed or sold on.

 

postggi was saying that they could not do that as "thats in the cca" - which it isn't

 

I agree with you that creditors shouldn't be able to do that but neither your nor my opinion really makes much difference when it is quite clear that they can do these things.

 

You also refer to the in dispute letter. The one that is contained in the templates library that was written by 42man does not contain any of these "may not..."

[sam614]

No he doesn't, or at least, he clearly says :-

 

also quoted.

by op.

I believe that the account is in dispute.....

capquest are actually a debt purchaser, they do act as a dca as well, although in this case the debt has actually been sold to them, according to the OP.

 

 

 

postggi was saying that they could not do that as "thats in the cca" - which it isn't

so why ask what part of the cca,was i stating,when i didnot say it was in the cca...stated agreed you may not pass to 3rd party.no mention of cca.

I agree with you that creditors shouldn't be able to do that but neither your nor my opinion really makes much difference when it is quite clear that they can do these things.

 

You also refer to the in dispute letter. The one that is contained in the templates library that was written by 42man does not contain any of these "may not..."

and i dont think that i ever said that it was.

i suggested this TEMPLATE TO OP,as a possibility as he/she feels that debt was in dispute and been passed/sold on.

 

and the same suggestion to 4star.

 

will with draw from thread as constant corrections between caggers is not helpfull to anyone.

and that is what i was trying to be.

 

SAM:pLOWELL DETESTER

 

 

 

[angry cat]

Section 78

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

 

 

(a) he is not entitled, while the default continues, to enforce the agreement"

 

The point is, that when Banks sell blocks of accounts, they are not enforcing said agreements.

 

The debt purchaser(s) will try to enforce but if there is no valid agreement, then they will be in the same position as the OC.

Stymied;

Stuck with many LEMONS.

 

 

AC

[mickrick]

OK, as the OP here I feel the thread is being hijacked somewhat.

 

All I want to know is, should I contact the DCA and tell them that the account is unenforceable and to do their worst, contact MBNA and tell them the same and contact A&L and ask them directly for a copy of the original credit agreement and if this is not forthcoming, demand the matter be closed?

[I've got no money]

I have to say that Nicklea and Angry Cat are absolutely correct.

 

Selling (or to give it the technical term Assigning) is NOT enforcement and in my view it is not necessarily a good idea to engage in correspondence with the assignee (the new creditor).

[I've got no money]

OK, as the OP here I feel the thread is being hijacked somewhat.

 

All I want to know is, should I contact the DCA and tell them that the account is unenforceable and to do their worst, contact MBNA and tell them the same and contact A&L and ask them directly for a copy of the original credit agreement and if this is not forthcoming, demand the matter be closed?

 

Personally I wouldn't - in my experience it is rather difficult to persuade an assignee not to pursue recovery - they will almost certainly issue proceedings by not acknowledging receipt of the letter you are strengthening your position if/when proceedings are issued.

[I've got no money]

S136 (1) of the Law of Property Act 1925 says that for an Assignment to be "effectual" written notice must be served on the debtor. S196 of the LPA says that service should be by registered post (although recorded delivery is OK as well) or must be hand delivered (usually by an enquiry agent) to your house.

 

If they haven't done that - and they almost never do - UNLESS you acknowledge that you have received the letter - they do not have legal title and you therefore have a defence to any claim they bring.

 

I would also advise you NOT to post anything on the thread that could allow you to be identified - that includes any letters you have sent them.

[angry cat]

I have to say that Nicklea and Angry Cat are absolutely correct.

 

Selling (or to give it the technical term Assigning) is NOT enforcement and in my view it is not necessarily a good idea to engage in correspondence with the assignee (the new creditor).

 

Ah, now there lies the rub!

 

ascertaining as to whether the assignee, is in fact the 'Creditor' as defined within s189;

absolute assignment or;

equitable assignment.

 

Personally speaking, I have engaged in correspondence with the purported assignee;

I have pursued them relentlessly and will continue to do so.

However, I will stress that, every case is different.

 

AC

[angry cat]

OK, as the OP here I feel the thread is being hijacked somewhat.

 

All I want to know is, should I contact the DCA and tell them that the account is unenforceable and to do their worst, contact MBNA and tell them the same and contact A&L and ask them directly for a copy of the original credit agreement and if this is not forthcoming, demand the matter be closed?

 

My apologies for hijacking your thread, I was only trying to assist.

[angry cat]

mickrick!

you need to make a CCA Request to Capquest.

 

AC

[cashins]

mickrick!

you need to make a CCA Request to Capquest.

 

AC

 

That's the trouble as threads get longer.

 

It's been done and ignored AC. There is a link to another thread, (to complicate matters!), 1st para, post #1

 

David

[4Star]

So to clarify, is the advice here to re-send the CCA to Capquest even though the account is in dispute ? or to send the 'account is already in dispute' letter to capquest ?

 

what do i do about MBNA ? or are they out of the process now they've sold it on ?

 

and do i need to report MBNA for ignoring my CCA request ?

 

please advise i need to get my replies in the post today

 

thanks

[4Star]

further to this, MBNA have not told me they have sold the debt, do i just trust that CapQuest are telling me the truth ? or are MBNA oblidged to tell me ?

[angry cat]

further to this, MBNA have not told me they have sold the debt, do i just trust that CapQuest are telling me the truth ? or are MBNA oblidged to tell me ?

 

Trust Capquest or, any DCA come to that;

NO!

 

You should be requesting from Capquest:

documentary evidence providing proof that, they are legally entitled to pursue the alleged debt and trust that the alleged debt was legally assigned.

 

Ask them;

Are you the 'Creditor'?

 

It may well be that MBNA/Capquest are co-creditors.

 

AC

[cashins]

So to clarify, is the advice here to re-send the CCA to Capquest even though the account is in dispute ? or to send the 'account is already in dispute' letter to capquest ? That.

what do i do about MBNA ? or are they out of the process now they've sold it on ? You deal with who is shouting ie Capquest

and do i need to report MBNA for ignoring my CCA request ?

 

please advise i need to get my replies in the post today

 

 

David

[mickrick]

This is what I was intending to do:

 

First off, write to MBNA telling them that they have not honoured my request, with payment, for a signed copy of my CCA and also that they have ignored my putting the account into dispute.Tell them it is apparent they do not have, and cannot obtain, a copy of my original CCA and, as a result, I consider the matter to be closed.

 

Secondly, write to A&L Head Office, enclosing copies of my original letters to MBNA, advising that MBNA has ignored my requests and demand a copy of my CCA from them, as the original "lenders", enclosing another £1 PO. I will also advise them that if they fail to supply a copy of the CCA within the legally specified timescales, it will be my belief that they do not possess the document and as a result, the account is unenforceable under law and I consider the matter closed.

 

Ignore the DCA until such times as the 2 previous avenues are closed and then take the matter up with them, if necessary.

 

How does that sound?

[summer30]

How have you got on with this Mick any joy?

[mickrick]

I sent a final letter to MBNA yesterday advising the account is unenforceable as they have ignored my request for the CCA and my putting the account in dispute. I also accused them of being guilty of fraud for not returning my payment.

 

I also sent a letter to A&L, enclosing copies of all correspondence with MBNA, asking them to provide the CCA as they originally issued the card and I consider them to be the lender and creditor. I also enclosed a £1 p.o. with this.

 

I received a letter yesterday from some lot called HL Legal "solicitors" who are threatening court action on behalf of Capquest. But I'm ignoring them until I've exhausted all avenues with MBNA/A&L.

Edited July 21, 2009 by mickrick

[Liz Southern]

I received a letter yesterday from some lot called HL Legal "solicitors" who are threatening court action on behalf of Capquest. But I'm ignoring them until I've exhausted all avenues with MBNA/A&L.

 

Hi peeps,

 

I believe that HL solicitors are Capquest.

 

So, shouldn't you have had a letter of termination from MBNA, as someone on another site said. (don't ask which one).

 

Regards

Liz

[cashins]

I believe that HL solicitors are Capquest.

 

 

Not sure on that.

 

I do know this grubby outfit of solicitors sell 'letters before action', (on HL letterheads), at £75 per hundred, for a DCA to send out themselves.

 

David

[mickrick]

Hi peeps,

 

I believe that HL solicitors are Capquest.

 

So, shouldn't you have had a letter of termination from MBNA, as someone on another site said. (don't ask which one).

 

Regards

Liz

 

I think its entirely possible "Capquest" is MBNA as well. As for a letter of termination, I doubt that lily-livered pack of wasters would even know what that is.