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Arden DCA refuses to accept MBNA CCA 'in default'


llewelyn
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Good morning

 

Can anyone advise me please?

 

MBNA have had a DCA on my account for some time.

 

I sent a DCA last year and they defaulted. so i sent them the default letter.

 

They've ignored this so i sent it again a few weeks ago. They still ignore it.

 

They are calling the house constantly and have written saying that they've sent a copy of the loan agreement

so its now enforceable and collectible.

 

I should add that they have never sent a signed copy of the agreement.

 

Can i report them to some one as they are in default and still harassing me?

 

Many thanks....

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When was the agreement taken out?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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They don't have to send a "signed copy" of the agreement. I suspect the DCA may be waiting for a reconstituted agreement from the OC.

 

 

Which DCA is this.

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Arden Credit Management? Are they acting on behalf of MBNA?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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how old is this card?

 

is it on your Credit report?

 

who owns the debt?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Agreement taken out Dec 10th 2007. They've still not sent out a signed agreement and in spite of being told not to call they ring every day twice! I think they are in default and i think they're a bit naughty. After at least 5 requests that they treat it as a complaint I've finally had an official complaint form.

 

What should i expect or do?

 

Regards

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-(update-21.04.2014)

 

Did you send the letter from the link above regarding the telephone harrassment ?

 

If not, get it off to the DCA immediately. Once you have told them that you are NOT going to discuss the account on the telephone, they should stop. If they dont, then you can bring a claim for harrassment.

 

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Agreement taken out Dec 10th 2007. They've still not sent out a signed agreement and in spite of being told not to call they ring every day twice! I think they are in default and i think they're a bit naughty. After at least 5 requests that they treat it as a complaint I've finally had an official complaint form.

 

What should i expect or do?

 

Regards

 

 

Did you check your credit reference file?

 

 

Complete their complaints procedure so you get a final response from them, then a complaint to FOS if their response is unsatisfactory.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

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Llew You say Arden are acting as DCA for MBNA. You don't mention it but was this account not assigned to Moorgate/Britannica then collection activity in the name Arden - which is just a trading style of Moor/Brit a f a i k?

You would at some point have received a Notice of Assignment if this is the case.

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  • 2 weeks later...

Ive had a final response. They say they've sent all the paperwork in relation to them buying the debt, which is correct. They say they've sent a copy of the agreement which they have, unsigned. And they say the agreement was signed in October 2007. They say they consider it fully enforceable. However I've still not had a signed copy.

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They don't need to send a signed copy to satisfy your CCA request, a reconstituted version will satisfy the request.

 

The recon must be accurate as regards your data and must have the T&Cs at the time the account was taken out and the variations (if any).

 

It may well be that what you have received would be enforceable but you might like to post it up so we can see.

 

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