Max Recovery & MBNA card debt

[Lucky7even]

I initially had a credit card debt with MBNA which was then sold onto Max Recovery Limited.

 

When the debt was originally sold it was under an IVA.

 

Now the IVA has since been cancelled, so I have started written communication with Max Recovery Limited.

 

As I understand it, when a debt has been sold on, there should be a Deed of Assignment to prove that Max Recovery Limited own the debt.

 

I have asked for this document on 3 occasions Max Recovery Limited has not acknowledge this requests.

 

To date Max Recovery Limited has sent the debt onto their own DCA a firm called Drysdenfairfax Solicitors for collection.Again, I asked their DCA for proof their client owns the debt, Drysden have not complied.

 

I reported Drysden to the Solicitors Regulation Authority over the matter, the SRA said Drysden hasn't done anything wrong.

 

So my question is this; because Max Recovery Limited have failed to provide proof they have purchased the debts, can they persue me for it!?

[fkofilee]

Ignore the Deed of Assignment, its not something that will show you.

You need to follow a standard process of paying £1 for a CCA Request... (Postal Order is best)

 

Look at the Library...

[Lucky7even]

A precious DCA, Eversheds gave me a so called copy of a CCA.

 

This had been done online with no wet signature.

 

This was all they provided.

[fkofilee]

Where did you find out about the DOA? Please tell me because I really want to know?

 

It doesnt have to be a Wet Signature...

 

Do you have a copy of the CCA?

[Lucky7even]

If you google it, a Deed of Assignment is where it proves the debt has been ligimately sold on, Max Recovery Limited have never shown me a DoA to prove it owns the debt.

[fkofilee]

Google is a search engine... So what link did you click on, where did you go to get the above info?

This is to help you, not lambaste you.

[Lucky7even]

Read this:

 

[removed freeman site link - dx]

[fkofilee]

Right........ Okay well ignore all that. You still have a copy of that CCA? Time to show us minus any personal info.

DOA is a commercially sensitive document that only a judge will normally see (/ Order for as well)

 

(Bottom of that page link, it says "How a cash loan could help you" - Think a bit of brain engaging might be necessary sometimes)

 

Using that process will get you into trouble... Trust me

[Lucky7even]

Yes they did send me a copy of the CCA again no signature and all done online, basically anyone could have done it.

[fkofilee]

Is this in relation to any other of your threads about MBNA (PPI etc?)

Right well time to put the CCA up for us to look at ... Please can we have some more info on the account?

 

- What went wrong?

- When Taken Out?

- Charges?

- PPI Claimed?

 

Anything you can tell us will help you.

[silverfox1961]

Hi

Just for clarification

A Deed of Assignment is a confidential agreement between the seller and buyer of a debt.

 

A Notice of Assignment is what is supposed to be sent to the debtor and only if the debt has been sold. If the debt is being collected on behalf of the creditor, no assignment is needed.

 

CCA, Since April 2007 they no longer need to prove you signed anything, just that you had the benefir of the credit which is quite easy to do.

 

Pre April 07, they are still allowed to send you a 'true copy' of your agreement or what it would have been at the time you took out the agreement. If they tried to enforce through the courts, then they would need a signed agreement.

 

As for this 'wet ink' nonsense. If you apply for an account online, how are you going to sign it? It is acceptable to use a digital signature or even just a stamp.

[Old Cogger]

hope you have not been reading another certain site D.O.S etc you will come unstuck believe you me.

 

you are only entitled to see letter ( Notice) of assignment.

[Lucky7even]

hope you have not been reading another certain site D.O.S etc you will come unstuck believe you me.

 

you are only entitled to see letter ( Notice) of assignment.

 

Thanks.

 

When MBNA sold the debt onto Max Recovery Limited I was not sent this NoA.