myself v MBNA advice please

[Never-In-Doubt]

Re: myself v MBNA advice please

It's Virgin so it's UE -> http://forums.all-about-debt.co.uk/s...-Unenforceable!

Sorry for the delay. My inbox has 11,268 unread emails. As you can imagine, I miss a few

[davidm]

Re: myself v MBNA advice please

Click the big plus sign (+) at the top right of the forum

hi niddy have sent you the CCA i got back from MBNA regarding this account, by email thank you

can you let me know you receieved the mail thanks

[davidm]

Re: myself v MBNA advice please

Email it to Niddy

Plan B x

Thanks planb will do

[PlanB]

Re: myself v MBNA advice please

Have recieved the cca back that i requested shall i emai it to you or niddy ?

Email it to Niddy

Plan B x

[davidm]

Re: myself v MBNA advice please

Based on the above the SWID letter may well be best since this is the first letter you have received from Restons.

However, when did you last send a CCA to Hillesden/dlc? Niddy's post saying the CCA was enforceable was in March 2012 so I presume your last and only CCA was sent in early 2012?

Once we know that we can make a suggestion on your next move.

That dlc "letter" is in fact a Notice of Sums in Arrears (s.86) which they must send you annually.

Did you ever get a DN from MBNA for this account?

Plan B x

Have recieved the cca back that i requested shall i emai it to you or niddy ?

[davidm]

Re: myself v MBNA advice please

got this back today from DLC saying they have recieved my CCA request and the £1

[MrsD]

Re: myself v MBNA advice please

best you can do , hope it goes well

[davidm]

Re: myself v MBNA advice please

letters sent today

[nightwatch]

Re: myself v MBNA advice please

No, as long as it more than 30 days , I Think,
but it looks like they haven't under stood what you have sent, which is normal for most DCA'S
Just get those letters in the post tomorrow. good luck x

[davidm]

Re: myself v MBNA advice please

I believe it may be the other way round.

Hillesden currently own the debt and dlc are the DCA.

Have a look at my previous post where I suggested you should send the LBA response template letter to Restons since they say they are instructed to issue legal proceedings.




Plan B x

does it matter i have already requested a ccca from the in the past ??

[davidm]

Re: myself v MBNA advice please

just looked back through my file and i have already had a solicitors letter from ALPINS ,saying they have been intructed to issue legal proceedings this was back in march 2012.sent them a swid to hillesden and heard nothing until now.

[davidm]

Re: myself v MBNA advice please

ok got both of the letters will send on monday thanks

[davidm]

Re: myself v MBNA advice please

I believe it may be the other way round.

Hillesden currently own the debt and dlc are the DCA.

Have a look at my previous post where I suggested you should send the LBA response template letter to Restons since they say they are instructed to issue legal proceedings.




Plan B x

ok yes i had it the wrong way round ,so lba response to restons and a cca to DLC.and a copy of the cca to restons also with the one liner is that correct . and thanks plan b for your help

[PlanB]

Re: myself v MBNA advice please

dlc have the account and hillsden are the DCA

I believe it may be the other way round.

Hillesden currently own the debt and dlc are the DCA.

Have a look at my previous post where I suggested you should send the LBA response template letter to Restons since they say they are instructed to issue legal proceedings.

Since they're threatening legal proceedings it may be wise to send a s.78 CCA request to dlc (they're the DCA for Hillesden) by Royal Mail First Class Recorded Delivery and then send a copy of it to Restons with a one-liner covering letter which simply says "please see enclosed a copy of my CCA request to your client Hillesden dated 4th december 2015". That's all.

Have you ever sent Restons a LBA response letter? This asks them to provide the NOA, DN and all sorts of things which they may not easily be able to provide. That's the template we would normally suggest you send to a solicitor who is threatening court proceedings. Here it is > http://forums.all-about-debt.co.uk/s...l=1#post495044

I'd be tempted to do both: a CCA request to dlc and a LBA response to Restons.

Plan B x

[davidm]

Re: myself v MBNA advice please

Restons were previously arguing about no signature on your SWID letter weren't they?

Now they say you've sent a s.78 CCA request without the £1 statutory fee. They're a bit muddled I think.

Since they're threatening legal proceedings it may be wise to send a s.78 CCA request to dlc (they're the DCA for Hillesden aren't they?) by Royal Mail First Class Recorded Delivery and then send a copy of it to Restons with a one-liner covering letter which simply says "please see enclosed a copy of my CCA request to your client Hillesden dated 4th december 2015". That's all.

Have you ever sent Restons a LBA response letter (sorry I haven't read back through your thread)? This asks them to provide the NOA, DN and all sorts of things which they may not easily be able to provide. That's the template we would normally suggest you send to a solicitor who is threatening court proceedings. Here it is > http://forums.all-about-debt.co.uk/s...l=1#post495044

I'd be tempted to do both: a CCA request to dlc and a LBA response to Restons. You decide what works best for you.

If Restons do issue proceedings then at least you'll have an outstanding CCA request up your sleeve as bargaining power.

If they do issue a claim and you are able to file a Defence then you may be able to settle this at the free telephone Mediation stage provided by the court.

Plan B x

cant understand why restons sent back the SWID letter saying no signature ,and then sent it back saying they cant do anything about it anyway as they are only solictors???

- - - Updated - - -

IN response to your letter of the 11/11/2015
I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with [Enter Original Creditor] and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974). As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's Debt Collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974. Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that you, as a creditor / debt collection agency will be aware, the OFT has stipulated the following; Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get: · a copy of their agreement · copies of some of the other documents mentioned in their agreement · a statement of account.

this is the first bit of the letter sent it is the SWID letter isnt it ????