morteee v A&L/MBNA card now with DLC

[morteee]

trust me I have more than that up my sleeve!

 

my ex husband thinks he has found the original paperwork showing that the CC was in his sole name AND it was listed on his bankrupcy order

 

IF its the same account we are gonna sue em all the way!

[jimfishybob]

Kewl.

[morteee]

well they have defaulted, who do I report this to and what do I do next guys?

 

morteee

[kennyparkroad]

trading standards, oft, fos

 

bombard them! lol

[kennyparkroad]

and possibly ICO for breach of data protection if they are still adding things to your credit file.

[morteee]

trading standards, oft, fos

 

bombard them! lol

 

looks like I am writing them some letters this weekend then!

[morteee]

ok update

 

have been on hols so not been able to follow this up but in the meantime have recieved 2 more letters stating they are awaiting copy blah blah account on hold blah blah blah

 

they have also updated my credit file (naughty naughty)

 

so I am now sending them this letter!

 

"

 

I refer to my letter dated 14/05/2007 which was delivered via recorded delivery to your office.

 

In my letter I made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request has not been satisfied after a further 30 calendar days, Your company commits an offence. These time limits expired on 04/06/2007 and 12/07/2007 respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at 12/07/2007 this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

Yours Faithfully

"

all ok?

[jimfishybob]

Yup, reads fine.

 

The only thing I would change is threatening them with litigation, unless you're actually gonna do it in seven days.

Have you actually reported them to the relevant authorities? If not this should be your next step rather than spending £150 on a court case you probably won't need.

Alternatively, check your credit report, if they have already removed it, (as they appear to be claiming), then there is nothing more to do.

[morteee]

credit report was checked this morning online and they ammended it AFTER I sent the letter placing the account in dispute to show the updated balance!

 

shall threaten them with the relevant authorities first though - thanks for your input

[jimfishybob]

Oh right, THAT kind of update.

 

Still would go with the authorities first, if for no other reason than to show a court you've exhausted all other avenues.

[morteee]

have done

[morteee]

double post

[morteee]

ok what do I do now???

 

have recieved this letter from them

 

thank you for your recent letter dated 30th July 2007 regarding the above account. This has been passed to me for attention.

 

I can confirm and advise the following:

 

1.The offene of not supplying the date requested under the consumer credit act 1974 is the time period stated in the legislation can be remedied by producing the documents. This we intend to do and have floowed up our request to the original lender for a copy of your original agreement.

2.Your account is on hold and all further action has been suspended pending documentation from our client.

3. Although we are unable to supply a copy document at this time, we will continue to notify the Credit Reference Agencies of the account status. You are entitled to apply to the Credit Reference Agencies for a notice of correction to be applied to your account.

 

Shoud you require anything further at this point please contact me accordingly. I will update you on developments in 21 days id there are no developments before hand

 

yours sincerely

 

blah blah blah

 

 

 

 

so are they sayign that basically they can keep this default on my file even though they cant even prove I have a debt???!!!

 

help please!

[morteee]

anyone? this one has me a bit stumped, especially as I have spoken to A&L and they have no records of this now at all and have confirmed all documentation regarding to the debt was sent to DLC in 2003!

[rory32]

1.The offene of not supplying the date requested under the consumer credit act 1974 is the time period stated in the legislation can be remedied by producing the documents.

Eh no, the offence still remains.

 

This we intend to do and have floowed up our request to the original lender for a copy of your original agreement.

 

Doesn't sound as if they are going to get a copy though.

 

2.Your account is on hold and all further action has been suspended pending documentation from our client.

 

Well that's a legal requirement, so thanks for nothing.

 

3. Although we are unable to supply a copy document at this time, we will continue to notify the Credit Reference Agencies of the account status.

Well actually that's an offence.

 

You are entitled to apply to the Credit Reference Agencies for a notice of correction to be applied to your account.

 

And their point is?

 

so are they sayign that basically they can keep this default on my file even though they cant even prove I have a debt???!!!

 

Basically yes. They are saying that they can enter whatever they like on your credit file.

[sosumi]

mortee - sounds like the one they sent me:

Hillesden1019anon.jpg - Image - Photobucket - Video and Image Hosting

[morteee]

Eh no, the offence still remains.

 

 

Doesn't sound as if they are going to get a copy though.

 

 

Well that's a legal requirement, so thanks for nothing.

 

 

Well actually that's an offence.

 

 

And their point is?

 

 

Basically yes. They are saying that they can enter whatever they like on your credit file.

 

 

so what do I do now?

[kennyparkroad]

i dont think there is much you can do until they say the cant get a copy of the agreement,

 

you could remind them though that while the account is in dispute they are not allowed to share your data with any 3rd parties (including credit reference agencies) under the guidelines of the OFT.

[jimfishybob]

What have TS and the like said?

 

They need to see a copy of this.

 

I would also forward a copy to the Information Commissioners Office and ask for their opinion.

 

Write back and ask them under whose authority they are supplying your data to the CRA's. Explain that you believe they are in breach of section 174 of the CCA as they have failed to show where you provided such authority.

[morteee]

unfortunately due to extreme ill health I have not been able to persue this thus farhowever today I recieved statements from the alleged original account, shame they didnt get the address at the time correct!

 

 

oh and still no credit agreement!

 

 

and at no time did I request th statements lol

 

seriously guys not got the energy atm, my treatment is kinda wearing me down but rest assured I will be back fighting soon!

[rory32]

Hope you are feeling better soon Morteee....keep fighting. You'll get there in the end.

[morteee]

update

 

am still getting the 21 day letters stating they are waiting for a copy of the credit agreement from the OC, the OC has confirmed to me in writing that they dont hold a copy of it so I am going to wait til I have 6 months worth of these lovely letters from Mr Locke then I am hitting them with TS

 

ps Mr Locke refuses to talk to me on the phone

[Curlyben]

I won't wait.

Report them to TS now as they are chasing an unsubstantiated debt.

[morteee]

they have got the account on hold, what I want is the default removed from my credit reference

[Curlyben]

So what are you waiting for.

The OC has already confirmed that there is no CCA and DLC are chasing ghosts.

File in court if needed.