Debt moved on after account is in dispute.

[Rocky Roadster]

Hi all, keep up the good work.

 

I had an CC account with A&L / MBNA who passed it to AIC (b******s). I rang MBNA and after my insistence they checked with a supervisor, and then admitted that the account had been sold to AIC.

 

AIC failed to supply a CCA and the debt is now in dispute. AIC wrote saying that they were only acting on MBNA's behalf. Never returned my pound either.

 

I just got a letter from Aegis saying that they are now authorised to represent MBNA and offering a partial settlement of 60% if I can't pay it all. My credit file will be listed as partial payment for others to see, but we won't chase you. Comforting; they would probably sell it on again.

 

The letter lists MBNA as the creditor, is this legal?

 

How can I confirm who owns the debt?

 

I think that it was sold to AIC and they sold the disputed account to Aegis because they couldn't get any money, is this legal?

 

Should I go through the CCA request and Dispute letter route again or refer Aegis to my letters to AIC?

 

Phone calls have started again so I have used choose to refuse scheme from BT (free for a month).

 

The more they try to con me, the stronger my determination becomes.

 

Ever grateful,

RR

[rebel11]

Hi Rocky

 

I can't access the Documents Library at the moment, but scroll down and you will see a link to some letters they should still be valid although the thread was set up in 2007. See if you can access the Docs library. http://www.consumeractiongroup.co.uk/forum/showthread.php?64627-Letter-to-Send-DCA-with-A-C-in-dispute

[miss muppet]

Hi all, keep up the good work.

 

I had an CC account with A&L / MBNA who passed it to AIC (b******s). I rang MBNA and after my insistence they checked with a supervisor, and then admitted that the account had been sold to AIC.

 

AIC failed to supply a CCA and the debt is now in dispute. AIC wrote saying that they were only acting on MBNA's behalf. Never returned my pound either.

 

I just got a letter from Aegis saying that they are now authorised to represent MBNA and offering a partial settlement of 60% if I can't pay it all. My credit file will be listed as partial payment for others to see, but we won't chase you. Comforting; they would probably sell it on again.

 

The letter lists MBNA as the creditor, is this legal?

 

How can I confirm who owns the debt?

 

I think that it was sold to AIC and they sold the disputed account to Aegis because they couldn't get any money, is this legal?

 

Should I go through the CCA request and Dispute letter route again or refer Aegis to my letters to AIC?

 

Phone calls have started again so I have used choose to refuse scheme from BT (free for a month).

 

The more they try to con me, the stronger my determination becomes.

 

Ever grateful,

RR

 

Hi, you could send a subject access request to the original creditor MBNA £10 postal order and don't sign, send by recorded delivery. They have forty calendar days to comply. With regard to the telephone calls when the free trial ends and if they start again, send them the harassment letter. By the way did you get a default notice and if so is it compliant?

[coledog]

Did you send AIC an 'In Dispute' letter as they should have supplied a CCA even if they were not the OC and if they did not the account is in dispute.

 

How old is the debt and when did you last make a payment or admit that you owe money in writing?

 

Send this to the 'new' DCA - Aegis - if they are offering a huge settlement they probably don't have the correct paperwork anyway

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with AIC and has been since DATE (date you received response to CCA request) .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As AIC are now in default of my Consumer Credit Act agreementrequest and have also breached *s10 Data Protection 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.

 

Now I would respectfully suggest that this account is returned to the AIC or MDNA for resolution of these defaults and breaches, as Aegis**New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** 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 Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing only.

 

Yours faithfully

[Rocky Roadster]

Couldn't get the link to work rebe11l. Will try later, thanks.

 

Thanks coledog, have sent the letter you suggested.

 

Thanks Miss Muppet (great name) I have had a default notice and termination by MBNA. I do not know how to check if a default notice is valid, but as they can't supply a CCA I haven't pursued this. MBNA have washed their hands of the account and told me to deal with AIC. Can I still claim unfair charges back or would the refund go to Aegis, in which case why should the DCA benefit?

 

RR

[coledog]

This is a good SAR letter posted by another Cagger. It is a good idea to find out from MDNA if there is an agreement and get account statements plus find out if the account has been sold and to whom. They have 40 days to reply, send to the Data Controller but I don't have an address for MBNA. You will have to amend last paragraph if you have changed address and give previous address.

 

SAR letter to send to BC with £10 postal order by recorded delivery. Sign but put crosses through signature.

 

[your address]

[their address]

 

[DATE]

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not limited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

[signature]

 

[name]

[Rocky Roadster]

Hi coledog,

 

What does BC stand for please? I have not come across it before.

RR

[coledog]

Sorry it should be OC, original creditor - last posting I did was for BarclayCard and I forgot to change it. in your case MBNA

[Rocky Roadster]

Didn't mean to be picky, just connfused. Thanks coledog,

RR

[coledog]

Not a problem - my mistake

[miss muppet]

Hi Rocky, thought the following link might be of interest:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208663-Tale-of-a-Dodgy-DN-Further-Discussion

[Rocky Roadster]

Thanks miss muppet,

Very interesting thread. I am going through my DN's and terminations to see if they comply. Not sure what I am doing but will come back for more specific help on another thread.

Regards,

Rocky