Issues with AIC - Response from CCA request

[amberbamber]

Hi

 

I'm new to the site and know that these questions have probably been posted before but I'm getting rather confused!!!

 

I have two debts with MBNA (one was originaly with Alliance and Leicester and was transfered to MBNA several years ago) both have been transferred to AIC. I sent AIC a CCA request for both accounts and have this morning received a reply saying that as they are only acting on behalf of MBNA I need to contact MBNA direct. Is this correct?

 

They also go on to say "May I also remind you that the full outstanding balance on the accounts £5082 & £4345 are still due and owing and that I should ring them as soon as I receive the letter to prevent further action being taken" Although I said in my original letter to them that I would not be engaging in anymore phone calls with them.

 

Can someone please advise me on what I need to do now as I'm really not too sure!!

 

Thanks and I'm sorry if this is already on the site but I have had so many distressing conversations with AIC (been reduced to tears) that I really need some direct advise from you.

 

Yours in anticipation

[rebel11]

Hi amber

 

Welcome to CAG

 

If they are acting for MBNA, then the accounts are still with MBNA. They are probably just debt collectors.

 

1) The first thing to do is check if you have any Penalty Charges or have you been mis-sold PPI on the accounts. These can be claimed back with contractual interest for the last 6 years plus. All templates and spreadsheets

can be found in the library. You can send a SAR Request with £10 postal order, they will send all the data they have on your acount, including statements over the last six years.

 

2) I would resend the CCA Requests to MBNA, they have 14 days to respond, scan, post, removing personal details, the guys here can check the documents and advise if it's possible to put the accounts in dispute.

 

3) Don't speak to DCA over the phone. Only communicate in written form. Heres a Telephone Harrassment Letter:- http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

There are also Template Letters for Door step visits.

 

Send all letters Recorded. Only print your name on the letters, don't sign. Set up a file for all your documents.

[amberbamber]

Thank you for your response.

I wasn't mis-sold PPI but have had numerous penalty charges. Unfortunately I have made the big mistake of shredding all previous letters from AIC as they upset me so much I didn't even want to look at the letters - stupid I know but I will now be retaining everything I receive from them.

I was originally on a repayment plan with MBNA but I defaulted on them both and they then passed the debt / accounts to AIC.

 

I will forward the CCA letters onto MBNA and wait for their response

I have attached the letters as advised. Any further comments would be gratefully received.

 

I will not now speak with AIC over the phone and I did make this quite clear in the CCA letter that I sent to them - am I ok not to communicate with them as they said that I had to ring them on receipt of this letter.

 

img004.pdf

 

Many thanks.

Edited October 23, 2010 by amberbamber
Attachment issues!!

[rebel11]

Hi amber

 

I've tried looking at the letters, but they are unreadable. You need to get the Penalty charges back, as these with the interest could amount to quite a bit. The fact that you have got Penalty Charges, you have a vaild dispute with MBNA. Start claiming them back. When you get a moment, read the OFT Guidelines on Debt Collection, DCA's think they rule the world, they clearly don't.

[amberbamber]

Sorry I'm having trouble with the attachments - they seem to reduce them to tiny size!!! Am trying to change but not having much luck!!!

[cerberusalert]

Upload the file to an image hosting site such as imagefrog or tinypic then copy & paste the url back here.

[rebel11]

Hi amber

 

Deal with the big stuff, CCA's, Penalty Charges etc. The letters they send are from templates, they mean very little.

[amberbamber]

Do I need to send this all to MBNA or AIC? - Sorry if this is a stupid question!!!!

[rebel11]

Mbna,

 

do i need to send this all to mbna or aic? - sorry if this is a stupid question!!!!

[amberbamber]

Thanks very much - I think I have sorted the attachment out now.

 

Will report back when I hear back from MBNA with regards to both CCA and Penalty charges.

 

thanks again

[cerberusalert]

Even though AIC contend that are are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon them to pass any request to the creditor.