Direct& Legal collections

[bozzie35]

Hi

Can anyone help, I have a debt with MBNA from 2001 which was passed onto Direct& Legal collections, I have been making regular payments ever since through a debt management company, January this year I requested a certified copy or original credit agreement and still to date Direct & Legal Collections have not produced anything. Can anyone advise what is my next step if any. Thanks

[maroondevo52]

Hello and Welcome, bozzie35.

 

I'll start a new thread for you in the appropriate Forum.

 

Regards.

 

Scott.

[harrassed senior]

Have they responded at all to your CCA request, ? and do you know that it was received.

 

After a Formal CCA request they are allowed 12 +2 days to respond and after that the agreement becomes 'in dispute' until such time as the request is satisfied.

 

No Agreement means that the debt is unenforceable legally through Court, and it is up to you whether to continue to make payments or not.

 

They must be sent the 'In Dispute' letter so that they know the ball is in their court so to speak.

[angry cat]

Dlc...!

[dx100uk]

debt management company....

 

so you are paying someone a fee to manage you debts and they didn't even check that the debts they are paying for you ARE legally enforceable???

 

 

urm...you're being fleeced blind on two counts then.

 

how many more of your 'debts' are the same?

 

i'd sack them, save the fee and do it yourself.

 

dx

[bozzie35]

They did response to my letter on several occassions and kept making excuses and said they would keep me updated and still to date nothing. I emailed them again on 14th July giving them 7 days to produce the credit agreement, I put a read receipt on my email so I knew they had read it. Do you have a copy of dispute letter I can send to them? If I stop making the payments will it effect my credit rating??

 

The debt management company I am with is Gemstone Financial and they charge the creditors not me.

 

I have other debts with Halifax but they have produced the credits agreement.

[debt4get]

your credit rating is shot anyway..as you are in a dmp..personally i would stop paying until they produce agreement..which by the looks of it is never...you are paying a company a fee to pay your debts..its nonsense..let me also assure you no dca will allow a dmp company to charge them money you are being conned.. letter below

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

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.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[bozzie35]

Great Thanks for your help!

[Julia Roberts]

This thread has been very useful. I will be sending Barclaycard the account in dispute letter. Does anyone know if they can still add interest and charges if the account is in dispute?

[dx100uk]

yes

they make the rules

 

dx

[Julia Roberts]

yes

they make the rules

 

dx

 

Not the answer I was after...but thankyou anyway:lol:

[dx100uk]

sdly its correct though

there are no rules that stop them.

 

there are guidelines, but as with everything to do with BC, they interpret them in their own way.

 

you need to read some threads in the barclaycard forum.

 

you'll get the idea.

 

dx

[debt4get]

they can add what they like and do..however without a valid cca so what?

account in dispute end of...

[bozzie35]

Unfortunately today I received from D&L a copy of the my MBNA CCA but but the copy is extremely poor photocopy and I cannot read the terms and conditions. Any ideas of my next step, can I still put the account in dispute?

[maroondevo52]

Hi,

 

Can you scan up what they sent, removing all personal details.

[bozzie35]

I'll scan it and post the details tomorrow. Thanks

[dx100uk]

scan your agreement

remove all pers info inc barcodes etc but leave all figures and dates.

goto one one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

[bozzie35]

MBNA 2.pdf

 

Here is the CCA that D&L sent to me, is this correct? As you can see you can hardly read any of the form.

[debt4get]

if that is what they sent you put the account in dispute letter in...the thing is unreadable and actually looks like an application form..

[dpick]

Totally agree impossible to read so you cannot tell if it contains any of the prescribed terms so as is unenforceable.

 

dpick

[bozzie35]

Great thanks, I will put the dispute letter in.

[bozzie35]

The was originally an old thread but it came back to bite me yesterday. I put this account in dispute with DLC back in July 2010 after they could not provide me with a readable of copy of my credit agreement (see previous threads for the copy they sent me). They are now threatening CCJ because I not paid them since July 2010 but to date I have never received a copy of my CCA. I have today sent them all my correspondence originally to them by special post, surely without the credit agreement the debt is unenforceable correct??

[dx100uk]

The was originally an old thread but it came back to bite me yesterday. I put this account in dispute with DLC back in July 2010 after they could not provide me with a readable of copy of my credit agreement (see previous threads for the copy they sent me). They are now threatening CCJ because I not paid them since July 2010 but to date I have never received a copy of my CCA. I have today sent them all my correspondence originally to them by special post, surely without the credit agreement the debt is unenforceable correct??

 

 

why should have ignored them.

 

dx

[debt4get]

ignore...they are nothing more than bullying threats...if they were or are going to issue a ccj claim they would have done so before...nothing but hot air and bluff