A & L Never Replied To My Request For A Credit Card Agreement And Have Now Sold My Account To Experto Credite

[darren104]

Hi could i have some advice please from all you experts.

 

I sent in the 1st letter template letter and £1.00 postal order to A & L on 11th April, 2009 asking for a true copy of the credit agreement. I never recieved any acknowledgement or credit agreement from them. I then sent in the 2nd letter on 4th May, 2009 ie "You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account,"They still never replied. On the 15th July, 2009 i sent copies of all the letters to MBNA Europe Bank Limited. I still never heard anything from them. On the 4th August, i recieved a letter from a company called Experto Credite Limited, saying they have bought my account from MBNA Europe Bank Ltd including the outstanding balance, and they are now the legal owner of the account. They say my account is registered at the Credit Bureau Ltd and shows a defaulted amount. The letter tells me to contact them to discuss my options and all future corrspodence are to be discussed or addressed to them. Alliance & leicester have already cancelled the direct debit payment arrangment so no payments have been made since June,2009. What should i do now ??? I think this is a clever tactic by A & L as a get out of sending me a credit agreement and to pass the buck as any easy cop out. Should i contact this company or just ignor them untill they provide the true copy of the credit card agreement?? I am at a loss of what to do about this predicament. Please help! Daz.

[maroondevo52]

Hi, Darren.

 

You could try sending them this............

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Regards.

 

Scott.

[darren104]

Thanks Scot will get onto it right away.

Daz.

[darren104]

Hi Guys,

i sent in the above recommended letter. I have now recieved an information pack (after several months of requesting) from Alliance and Leicester. They have enclosed poor photocopies of the following...

 

1. A copy of a recent statement

2. Frequently asked questions sheet

3. Five pages of The credit card terms of agreement (in very small print).

4. A page with a ticked box stating Executed by Jonathon Back (Director) on behalf of MBNA with Date of signature 1/3/2006. NOTHING ELSE, and certainly no signature Just a remaining blank page.

 

Its obvious there is no signed contract of a credit agreement in place or they have lost it. What should i do now? Please advise. daz

[debt4get]

put account into dispute

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

My request remains outstanding. The documents you sent in your reply, do not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this alleged account. These documents neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’ original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until xx/xx 2009 (12+2 working days after the request was made) to provide me with the true copy I requested. You will then be in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCArequest. If you fail to comply with a legitimate request the account enters a default situation.

To sum up, I will not be making any payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.

I expect you to write to me confirming that the account has been closed and no further action will be taken.

Yours faithfully

[darren104]

Thanks debt4get. Much appreciated. Will send off tomorrow.

Regards Darren.

[Pinky69]

If they have sold it without sending you a Default Notice, they have unlawfully rescinded the account.

[darren104]

Hi there,

 

I have recieved alot of default notices and are under a management plan of a low monthly payment with no interest. However, since they sold it to Experto Credite in June 2009 my direct debit has been cancelled and i have not made any payment since then. Cheers