Lowells and MBNA

[padbear]

Hi Folks,

 

I have a old visa card debt that was passed from MBNA to Lowlifes in Leeds. When they 1st sent letters to my new address I done the usual "know nothing of the debt and unless they can provide evidence to show that it is ect..."

 

They then wrote back and said thanks for the reply and they will look into my request. I have just recieved a letter back from them, after about 2 months by the way, copies of statements that only indicate balances etc.

 

What is the best advice on how to proceed?

[Old Cogger]

How old is the debt, when was the last payment made, give the answers then it will give an idea of full circumstances to start with for those well informed to opinion on.

[debt4get]

in that case ask for a copy of the cca and see if it is enforceable or not

enclose a pound postal order do not sign letter simply print name

To Whom It May Concern:

 

Your Reference: Agreement Number: xxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

 

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

 

 

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

 

 

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment from the Original Creditor.

4. Fair Processing Notice.

 

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 Consumer Credit Agreement request.

 

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration Of Justice Act 1970, Protection From Harassment Act 1997, Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine

 

May I remind 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.

yours faithfully

[padbear]

The debt is coming up to 6 years old, and a last payment I sent to lowlfe was about 2 years ago, but from a different address.

[debt4get]

unfortunately if you paid lowlife 2 years ago you restarted the statute barred clock...so you cannot go down that route even if it was from a diffo address

[padbear]

Yes I know, if only I heard about "Caggers" before I did

[MARTIN3030]

If you made a payment 2 years ago,then thats different.

New Address wont make much difference-they have obv done a trace.

Whats on your CRF ?

 

As advised,ask for some proof.