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m00nwalk00

MBNA / Allied International Credit

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Hi All

 

Today I have received a letter from AIC (dated 16/07/09) regarding an alleged debt that I have with MBNA stating that they have tried to contact me on numerous occasions and I have failed to respond (this is the first I have heard from them) and that I now need to repay the whole balance immediately (approx £6k) or they will consider issuing legal proceedings.

 

The letter also suggests that I can pay them by credit card.

 

This debt is in dispute with MBNA as they have failed to provide a copy of the CCA (just a crappy application form with no terms and conditions).

 

I am a bit unsure as to what to do next and what letter I should send to them. Can anyone help please?

 

Thanks

 

M00nwalk00 xx

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sounds like a case for the "bemused" letter.

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Ok, first thing's first. Don't panic. You send AIC this letter changing the necessary company details and dates. Send it unsigned, by registered post. Then go and put the kettle on and have a cuppa.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

ACCOUNT IN DISPUTE

Dear Sir,

 

RE:

Thank you for your letter dated 3rd September 2008. I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with Bank of Scotland and has been 14th July 2008. Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Bank of Scotland are now in default of my Consumer Credit Act request I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Now I would respectfully suggest that this account is returned to Bank of Scotland for resolution of these defaults and breaches, as Blair, Oliver and Scott cannot lawfully pursue any enforcement activities.

If Blair, Oliver and Scott chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully


Beating the DCA's day by day

 

My fight:

NDR - CCA'd 12+2 passed

Bank of Scotland - CCA'd 12+2 passed

CFS - Win by Technical Knock-out!:lol:

HFC Bank - CCA'd 12+2 passed

Chantry Collections - CCA sent

 

Time flies like an arrow

Fruit flies like a banana :D

 

<---------- Have I given you top advice, have I made you laugh, click on the scales, it won't hurt you! :grin:

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Thank you very much, will get that posted tomorrow and wait and see what happens :)

 

xx

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