Unenforceable Credit Agreement - force to sell home

[whu1]

Just received this letter threatening a charging order on my house:eek:

 

I have been through the procedures of trying to get a copy of agreement with no luck at all and all the other letters. Anyone been hot with this aswell ?? what is the best way to respond???/

Edited April 27, 2009 by maroondevo52

[WelshMam2009]

Ok, chill!!

 

I think it's rather naughty of MBNA to have sent that letter and I would be inclined to complain to OFT about it.

 

What did you receive in response to your CCA?

When was the agreement taken out?

Have you issued an account in dispute letter?

Has a CCJ already been obtained?

[WelshMam2009]

Have posted the letter here for you...hope that's ok...

 

DELETED DUE TO PERSONAL INFO - SEE POST 7

Edited April 27, 2009 by WelshMam2009

[whu1]

Ok, chill!!

 

I think it's rather naughty of MBNA to have sent that letter and I would be inclined to complain to OFT about it.

 

What did you receive in response to your CCA?

When was the agreement taken out?

Have you issued an account in dispute letter?

Has a CCJ already been obtained?

 

I have received hardly any response in my letters and no agreement, it was taken out in around late 90s. Yes account in dispute letter has been sent and no CCJ

[WelshMam2009]

I have received hardly any response in my letters and no agreement, it was taken out in around late 90s. Yes account in dispute letter has been sent and no CCJ

 

Firstly, they are trying to frighten you. Note the following...

 

we may pursue litigation action and seek a CCJ

They have to get it first and, without a CCA then they haven't got a hope.

 

...that may result in a Charging Order being placed on your property

If they get a CCJ then you pay back what you can afford. Normally, you would have to default on this before they applied for a Charging Order, which is another legal step, although some lenders are more aggressive than others.

 

If it were me, I would send off a SAR to MBNA and also a complaint to OFT and TS.

 

EDIT: Also, complain to MBNA and tell them that they should not be enforcing the debt whilst it is in dispute. They normally mess up their default notices also which will be further ammunition for you!!

 

MBNA have sold my debt on from the late 90's and I have had only a copy of current terms and conditions in response to CCA so have now sent off a SAR.

[ncf355]

WHU!

 

your details are still CLEARLY viewable on there!

 

Delete that first image, heres an edited one

 

[WelshMam2009]

Meant to say...can read your name and address on the letter...can you scrub out??

 

Ok...now done...many thanks Ncf355!!

[GamekeeperToPoacher]

Whu!!

 

You can still read details of name and address on post 2

 

GK

[GamekeeperToPoacher]

And we have 4 guests!!

 

GK

[summerbreeze]

Can a mod delete that image PLEASE !

[maroondevo52]

Post unapproved, I'll pm op.

[citizenB]

Posts 1 and 2 have been unapproved due to visible personal information.

[citizenB]

If you havent received a response to your CCA request then this is definitely one for the OFT to be notified about.

 

Send the letter in the following link to the OFT, amend it to read the MBNA, the original Creditor taking out references to DCA.

 

They will not investigate on behalf of an individual, but as the OFT have announced in respect of Mackenzie Hall, that they shouldnt pursue a debt that has been advised in writing, is in dispute. I see no reason why it shouldnt apply to MBNA as well.

 

You will need to include a copy of that letter from MBNA.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement.html

[whu1]

Thanks guys about the details being shown. Just been online and seen what was happening.

[the main man]

Just received this letter threatening a charging order on my house:eek:

 

I have been through the procedures of trying to get a copy of agreement with no luck at all and all the other letters. Anyone been hot with this aswell ?? what is the best way to respond???/

 

Definitely trying to put the frightners on!! received a few of these on my disputed account except with mine they enclosed a copy of the Title Deeds for my property:eek: this was before they sold it on to a well known DCA:rolleyes:

[rach8736]

sorry to hijack cant get a responce anywhere else,i have a charging order on my house can i still challenge the agreement

[whu1]

sorry to hijack cant get a responce anywhere else,i have a charging order on my house can i still challenge the agreement

 

What they have proceeded with a charging order or threatening ??

 

Have you gone through the CCA request and it is in dispute??

[rach8736]

done a cca request only thing wrong is the creditor hasnt signed it.they have got the charging order

[WelshMam2009]

done a cca request only thing wrong is the creditor hasnt signed it.they have got the charging order

 

I could be wrong, but I don't think there's much you can do now if you didn't defend/challenge at the time or were unsuccessful.

 

I know of at least one case where a charging order has been removed but that was because the person concerned could prove that she was not served with the court papers.

[rach8736]

i may be completley wrong,have done alot of reading on here but if the creditor hasnt signed the agreement becomes unexecuted(not unenforcable)but only enforcable by an order of the court,i done a voulantry reposesion and have had costs and charges,now if they didnt have a court order to enforce the agreement should they have done this.i was niave and didnt take any advice just filled in the court papers stupidly

[ifoughtthelaw]

Definitely trying to put the frightners on!! received a few of these on my disputed account except with mine they enclosed a copy of the Title Deeds for my property:eek: this was before they sold it on to a well known DCA

 

Tut tut - what right do they have to download and send you a copy of your Title Deeds? If your case hasn't even been seen or heard by a court then this is very threatening and intimidating behaviour as most people have probably never seen their Title Deeds!

 

Isn't this yet another serious breach of Data Protection? The Land Registry seem quite specific about use - property data can be publicly viewed on payment for personal use. For MBNA to download, copy it out and send it through the post would require permission from them as this is not personal use! Would it be an idea to write to the Land Registry with a complaint about MBNA's misuse of your data - they are the CROWN and could prosecute MBNA for either civil or criminal offence I wonder if they are more likely to take action than Information Commissioner......??.