Invalid Default Notice...Help Needed DCA

[lowry123]

MBNA sold debt to Experto Credit...letter from Experto Credit confirmed they bought debt.

EXPERTO FAILED to provide CCA or any default notice within time satated i.e 14days.

Sent letter telling them the debt no longer due to failure of replying within time limitation

Advised the default was registered by MBNA and then re-registered wuth Ville Experto.

Sent formal notice to disist from processing Data...they replied with McGuffick v RBS case.

 

Where next..

Do I issues N1

[harrassed senior]

MBNA sold debt to Experto Credit...letter from Experto Credit confirmed they bought debt.

EXPERTO FAILED to provide CCA or any default notice within time satated i.e 14days.

Sent letter telling them the debt no longer due to failure of replying within time limitation

Advised the default was registered by MBNA and then re-registered wuth Ville Experto.

Sent formal notice to disist from processing Data...they replied with McGuffick v RBS case.

 

Where next..

Do I issues N1

 

The alleged debt is still due, the default of production of original Agreement, only means that the alleged debt cannot be enforced through a Court.

 

When Experto re-registered the Default did they take over the MBNA default date, or did they enter a new date.

 

It is extremely difficult to get information removed from a Credit File. Not sure how applicable their reference to McGuffick is though!

[lowry123]

They say they have bought the debt....and MBNA sold the debt to them..they have never produced a default notice.

They sat McGuffick is to do with DPA and they wont stop processing DATA

[stunned_monkey]

I'm about to fight something similar with Fenton Cooper who also cited McGuffick as an excuse to carry on with my case even though they can't provide me with a CCA. AS I UNDERSTAND IT, the McGuffick case was over a technicality in his original CCA.

 

In your and my cases, they can't provide an agreement AT ALL. It seems to me therefore that they have no right to process any data at all. Any more than I'd have a right to process your data (If you ever did sign something to say I could, I certainly can't find it now )

 

I'd appreciate this clarification too actually, if anyone can prove me right/wrong?

[dx100uk]

both the fos and the oft etc are down on record as saying that an un-en cca simply prevents you being taken to court, it still allows the processing of your concerning data to cra's about the debt.

 

an un-en cca is not some magic bullet that gets debts written off....though it does not compel you to pay anyone.

 

dx

[stunned_monkey]

Can we draw a distinction here please. As I see it, there's a yawning chasm between

 

a) An unenforceable CCA

b) No CCA at all

 

...because (a) allows for your signature against the "I agree to you sharing my information.....blah blah blah", whereas (b) doesn't, thereby enacting the Data Protection Act

 

I welcome comments on this. It seems there's a bit of a split of opinion on this forum

[Monicatiger]

Stunned Monkey... I am also confused...if nobody signed an agreement...how does that give them authority to use personal Data.....also Surely Bonds..post on DPA would this still stand.....

As the CRAs are only reporting agencies...if we did not agree to share this information.. how can they just share..?

[stunned_monkey]

Quoting post #4 in this thread (cheers for pointing me to SurlyBonds - that yielded some fascinating reading):

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?222663-CRA-s-OC-s-Credit-ref-reporting-Discussion

 

"You will be aware that the Data Protection act 1998, an act of parliament, requires you to hold signed authority from myself to process such data, that does not fall within the public domain.".

 

So it would appear, to my untrained eye, that there is a very clear distinction between an unenforceable CCA and a nonexistent one.

[lowry123]

I agree with you...but dx100uk...comment..not sure who is correct..just checked the account and PPI claim that will now be chased...

[stunned_monkey]

I found this article online which does a nice job of explaining the McGuffick case in plain english.

 

It's definitely all about when it's appropriate for the DCA to record data with the CRA.

 

I can't see how it can possibly apply when there's no CCA at all. Otherwise, what's to stop an organisation going after the wrong person for a debt they never had?

mcguffick.pdf

[dx100uk]

well the bottom lines is did you have the money?

thats where you have to bat from if we were honest

that what a judge would ask

 

dx

[lowry123]

I am sure the Judge would ask and I do agree you dont go to Tesco buy a tin of beans on a credit card and tell the Judge you didnt eat them...However we all have rights and the Law is the Law. Mis sold PPI is pressure on staff to make targets and mis lead Consumers....we all should read the small print....but human nature doesnt work like that...

Thats why people divorce people break vows.. employers break rules..employees are protected....

Its a tough world why make it any tougher....

[stunned_monkey]

well the bottom lines is did you have the money?

thats where you have to bat from if we were honest

that what a judge would ask

 

dx

 

And wouldn't I be able to say that the burden of proof lies with them? I'm certianly not going to acknowledge anything from now on, and the judge can't enforce it anyway....

 

(not trying to start a fight at all - I really do want to hear all sides here to decide how to proceed)

[MandM]

Hello lowry,

 

An un-en debt due to no CCA is only unforceable until the agreement turns up (if).

 

I agree with dx in that if you know the debt exists, then it exists. I think you'd be taking a bit of a risk by thinking about issuing N1s at this stage only for them to pull out a signed agreement further down the line.

 

You can find out what they HAVE got on you though. Have you done a SAR yet? If you're going to fight them on PPI you'll need this anyway. It should also shed some light on the date of the DN (if there was one) in relation to the date of the sale to Expurto, something MBNA often get wrong.

 

Do a search on E. Credt. You'll find plenty of info on them.

 

M

[lowry123]

MandM...

Its all in the post tomorrow...they have been unable to produce a CCA....I am more than okay about dealing with this and the DCA...however the PPI is under investigation now and the PPI is higher than the Debt also unfair charges too.

It will be lots of letters back and forth until the matter is settled.

Thanks for your advice and support

[dx100uk]

then thats a no-brainer and blows the cca issue out of the water,

if your reclaim out-strips the balance then you're home and dry

 

sorry to sound negative before, but cag is not not about promoting debt avoidance, but, as you are doing, getting your just deserves.

 

go get em

 

and dont forget to add int at their rate AND 8% stat int for each payment fro the date made to the date of your claim.

 

there is also good news from the fos this week.

 

CC co's are now required to also refund you 'extra' interest for the interest charged on interest because the ppi money was used to pay the ppi not reduce your balance as the PPI was always paid FIRST before the remaining money was used to reduce your balance.

 

dx