morteee v A&L/MBNA card now with DLC

[Bazooka Boo]

NO NO NO! One CCA is ALL that is required, if the seller fails to inform the buyer of the lemon to the history of the account, then more fool them, the 'new' owner of the lemon can be told "HA HA HA HA HA Sucker, you bought a lemon, flog it on flog it on, MUPPET"

[teaboy2]

Yes but if Mortee no longer has any record of sending a CCA then it be hard, in fact impossible to proof non-complience, yet alone prove having actually ever sent the CCA request, without sending another one and hoping they fail to comply to that one as well. The more proof Mortee has on them by means of written records and recorded delieveries of written comminication the stronger his/her case will be if they were to take court action. hence why he/she should also SAR A&L

 

@Mortee

 

I have not had time to look through the threads you gave links too yet so if you have already done a SAR to A&L and have documention from A&L confirming they terminated or sold your account then just send the letter i posted in an earlier post.

[dx100uk]

4 threads merged and title renamed

 

dx

siteteam

 

please keep to on thread per debt/issue

[morteee]

ok

 

I have SAR and CCA DLC in the past, I have a recorded tel conversation with someone at DLC that they OWN the debt and that has been confirmed by A&L although not in writing

 

I am gonna let them carry on with their threat - o - grams and waste their paper now that I know they are wrong, they cant prove this is mine, a default notice was never issued and its SB in about 20 months time

 

they don't have my current telephone number and aren't even aware I went back to my maiden name 2 years ago as are still sending correspondence in my old married name so even if they submit a claim the very fact its not in my name should slow it up before I even hit them with the failed CCA and non sending of a default notice

 

they cant touch my house as its in my mothers name and tbh on paper I look as if I am broke due to the act my rather substantial child maint is paid in cash (ex husband is very on board with all this bless him)

 

they cant add it back to my credit file as it dropped off 2 years ago

 

so they cant touch me and I am bugger*d if I am going to allow them to upset me!

[teaboy2]

In that case you have it in the bag Morteee.

 

1) they have incorrect details. So technically the debt is not in your name as things stand.

 

2) non complience to your CCA that you have a record of sending and inaccurate default notice (which they failed to send you).

 

3) recording with DLC stating they owned the debt, therefore confirming the agreement was unlawfully sold/terminated making it unlawful recission, plus the the fact they failed to provide you with an accurate/valid termination notice, which wouldn't have made any difference given the default notice was inaccurate/invalid.

 

So yep, if they try taking you to court, stick it to them Morteee and claim every penny that you can get out of them.

[morteee]

I am going to sleep well tonight! and not just because of the wine lol

 

that's if the cat doesn't insist on sleeping on my head .....

[teaboy2]

Good night.

 

And if the cat does sleep on your head, show it where the cat flap is lol.

[morteee]

slept like a baby muhahahahaha

 

now to see if the "supervisor" I spoke to actually has the guts to actually write to me like she said she was going to do after "investigating" lol

[morteee]

ok another letter from these muppets today

 

they have resent another copy of the application form they are insisting is a copy of the agreement and are still stating that as the account defaulted in 2002 it was not necessary to issue a default notice as there were no assets to recover

 

am getting annoyed with them now, next step?

[morteee]

ooo just noticed something!

 

 

I shall quote

 

"further to our conversation on blah blah blah date please find a copy of the original APPLICATION"

 

they have admitted it is an application form!

[Bazooka Boo]

Thank you very much!

Although does it contain their sig and yours, and any reference to the CCA1974 ? T&C's??

[morteee]

its clearly an application form, even the national debt line agree its an application form!

 

there is a section at the bottom informing me briefly of my right under the CCA 1974

 

I shall link it again

 

http://i4.photobucket.com/albums/y124/morteee/creditagreementblackedout0001.jpg

[morteee]

also I shall type out the customer declaration as it isnt clear on the scanned image

 

1) Please (a) open an Alliance and Leicester Credit Card Account and Issue me with an Alliance and Leicester Visa Credit Card or masterCard (cant read the next bit) .... I Understand that you reserve the right upon acceptance of this application for the credit card to issue me with a gold or classic version (cant read the next bit)

 

4) I accept that you reserve the right to decline this application

[Bazooka Boo]

Its the bit at the bottom concerning your rights, does it say that they will send this under separate cover? And is that their signature at the bottom?

 

Actually scratch that, it doesn't even have any T&Cs attached, or are they on the back with the interest rates?

[morteee]

there is nothing on the back, they have sent me a copy, when I requested the T&C's they sent me the 2009 T&C's after the charge had been changed to 12.00

 

there is nothing showing interest rates

[Bazooka Boo]

You can either wait until they are out of time and send them this: (2nd class get proof of posting) http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

OR send them this (again 2nd class get proof of posting) http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[morteee]

going to send the second one after they have sent me a couple of nasty letters from Clarity (yep they have passed it on lol)

[Bazooka Boo]

Well if that's the case your onto a winner, it is clear that it's a lemon doing the rounds...

[morteee]

apparently Clarity are their "external agents" lol

 

I await their correspondence with baited breath!

[blackmogu]

Since the account with Morteee was in dispute and they haven't complied with the data requests, I believe i've read on other threads that companies cannot pass on accounts in dispute to other third parties.

 

It would be an easy way to get the new harassment agency to stop in their tracks.

 

I'm sure some other more clued up person might be able to comment with more authority.

 

--blackmogu.

[dx100uk]

well thats what should happen

but ofcourse we all know it gets sold on with the bad news - no mugawaits here- forgetten about - else the next leecher will not pay to inherit it!

what does get added though - is a marker that shows the mug responded - so might be fleecable.

 

thats why on debts that are obv lemons - its best to totally ignore then.

 

my mrs still gets a yearly reminder from anyone of the fleecers that she was o/d by £34 is 1983 on a natwest a/c

and the debt now stands at over £3500 as they've each added their bit over the years

 

they have said in the past that it can never be statute barred as it was a govt debt and they cannot be barred, tv licence !

trouble is she moved out 4weeks before it was due and cancelled the d/d as advised, even got a refund.

 

muppets all of 'em!

 

dx

[morteee]

gonna wait til the muppets at clarity write to me a couple of times before I slap em with a nasty letter

[Bazooka Boo]

I thinking of making a new design of envelope, ones that smell of lemons, or rotten eggs, specially for DCA's & complaints to companies!

[morteee]

deathly quiet on the clarity front so far!

[alfwithhair]

Joining this thread

Same problem

Old A&L card from 1996, now MBNA

Same usless application form, which they insist is enforceable but no action taken just threat after threat.

Seperate current terms

Done the rounds, Cabot bought it, added £4k to it, now pased it to Clarity.