my MBNA debt been through every DCA in the book - now link chasing

[BRIGADIER2JCS]

You will get a standard ''statement'' of the account with the CCA request.

 

They will not provide the date of the last payment or detailed statements.

[BRIGADIER2JCS]

There are no ciminal offence connected with CCA request and havn't been for years, there is no harm in phoning and asking the original crerditor when the last payment was made.

 

There is no way that you will be provided with a copy of The Deed os Assignment and there is NO obligaion on a creditor to do so.

Or you can send The SAR to the OC.

 

I'm afraid the information you have is far far out of date.

 

The phrase ''without prejudice'' is not something that I would recommend using on any deocuments because should a matter go before a court ''wihout prejudice '' doccuments would be inadmissable.

 

The DCA will have NO data on the last payment date so as said ask the original creditor!!

 

For information: The OFT Guidance on Debt Collection 2003 updated Nov.2012 states that ''once a debtor has informed a creditor in writting that a debt is statute barred it is unfair to press for payment.

 

So you need to be sure of the date and you must inform the DCA that the debt is statute, they MUST prove it isn't.

[BRIGADIER2JCS]

The account can be placed in dispute meaning that the creditor / Dca cannot seek to enforce the debt in court!

I cannot remember a successful criminal proceeding in regard to this before the penalties were repealed.

[BRIGADIER2JCS]

The OC no longer owns the account, a SAR is a lawful request for informatio made under the Data Protection Act 1998 and so is not admission of liability.

The information you require will be available with the SAR, however there is certainly no harm in asking the OC for the date of the last payment.

If a DCA claims that a ''mystery'' payment was made then ask for ''unequivocal proof'' of how, when and by whom such payment was made.

 

The question od ''fraudulent'' payments most often in my experience these have turned out to be statutory fees for SARs and/or CCA requests wrongly applied to the account.

[BRIGADIER2JCS]

Is it reasonable to ask the DCA for the date of the last payment, or MUST I go through a SAR to the OC. (trying to save the £10 fee)

 

BTW, I tried to give you another star but the system says I must give it to others first, why, no one else has been anywhere near as helpful as you have been!

 

Thank you your comments are very much appreciated!!!

 

The account will have been ''sold'' as a part of a huge portfolio of debts so the DCA will be very unlikely to have any payment data at all, as said no harm in a quick call to the OC is all that is needed.

 

If you want a '' tailor made '' stat barred letter when you get the info pls let me know.

[BRIGADIER2JCS]

Ok MBNA is well known for having ''dual purpose'' app/agreement forms that did comply with the then current regs and legislation, this account is so old I would like if possible to see a suitably redacted copy of this app form please.,

[BRIGADIER2JCS]

PDF is best see any post by dx100uk for easy instructions on this.

[BRIGADIER2JCS]

Ok that is the usual MBNA dual purpose app/agreement form and as such satisfies a section 77/78 request CCA '74.

[BRIGADIER2JCS]

I suspect that if the 16 digit number starts with same 4 digits (which identify the issuer) and the other 12 digits are different then this is not your agreement'

(eg Barclaycards are all 4929).

[BRIGADIER2JCS]

Worth a try imo see what they come upwith.

[BRIGADIER2JCS]

Often if a DCA offers discounts it can indicate that there may be problems with the ''paperwork''.

[BRIGADIER2JCS]

yes.

[BRIGADIER2JCS]

PPI and the actual debt are separate matters, and ia not acknowledgment of liability of the debt, funds reclaimed should be paid directly to you.

[BRIGADIER2JCS]

The charges certainly would be offset against the debt, how many are there on the account.

[BRIGADIER2JCS]

Get all of the charges listed>

[BRIGADIER2JCS]

Might be enough to see off a large part of the debt!!!

[BRIGADIER2JCS]

Thinking on this MBNA used ''dual purpose'' app/agreement forms some were/are compliant others were definitely not, do you have a copy?

[BRIGADIER2JCS]

Is it possible a repalcement card was issued at any time David?

[BRIGADIER2JCS]

Most cards have a ''life' of 3 years and a replacement is then a new card is issued the first digits remain the the lat 8 change.

 

The SAR is the best route without all the data all is speculation.

[BRIGADIER2JCS]

It's difficult to see that no such ''chain' existed, given an app form/card numebers and useage of va credit facility.

The SAR is the answer imo.

[BRIGADIER2JCS]

Criminal Law a case must be proved beyond reasonable doubt.

 

English civil law is built on in simple term 'as what would be deemed to be fair and reasonable to ''the man in the street'' and the ''balance of probabilities''

 

eg, Mr X had applied for a credit card, app is approved and the credit facility is used and the account is paid over a ''period'' of time> Mr X then falls behind with payments and is finally taken to court ( now leaving out ''faulty paperwork etc at this point) the creditor produces in court the ''app form'' and statements showing useage of the credit facility and payments being made by Mr.X on the balance of probablities here an account can reasonably be said to have existed.

 

The useage of ann account opened in 1994 onwards would subtantiate its existance.

[BRIGADIER2JCS]

Default dates and the Limitations Act 1980 6 year time line for statute barred status must be viewed a completely separate.

The SB limitations is 6 clear years (5 in Scotland) with no payment or unequivocal admission of liability for the debt. ANY payment to any party DCA/Debt Purchaser during the 6 year period resets the six year clock!! Any further payments will reset is each time a payment is made.

Defaults are removed from credit file on the 6th anniversary of the default PAID OR NOT.

There are situations where a debt becomes statute barred while a ''default'' has time to run, the default remains until the 6th anniversary is reached.

Your point 2. means the debt is NOT statute barred as the payment resets the ''clock'' however the default will be removed after 6 years.

Point one letters that can/could reset the clock a very likely to be retained.

[BRIGADIER2JCS]

No action should be started 6 years or more after the cause of action.

I would expect such a letter to be forwarded if aDCA returns a file to the

original creditor.

[BRIGADIER2JCS]

The fact that a company has had ''tax relief'' on a bad debt does not extinguish the debtors liability, the kind of ''proposition'' has come up many time over the years and has I'm afraid no merit.

[BRIGADIER2JCS]

There is no VAT on consumer credit debt, this is not like unpaid invoices between businesses, where a debt is truly written off against tax and cannot be sold on the regulation of the debt purchase an sale industry needs a specialist tax accountant all I can say is this is one thing the industry is not getting away with.