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  • #76
    Re: Lowell/MBNA and enforcable agreement

    account was opened 2006 so all good for them.BUT....this is with lowells sooooo.......

    will keep you updated

    many thanks


    broke

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    • #77
      Re: Lowell/MBNA and enforcable agreement

      Originally posted by Paul. View Post
      If a tick box, when was the acc open as a tick box could only be used after 1st January 2005!!
      come on mate

      I'm not gonna fuck up on that haha

      I hate that date with a passion!!
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      • #78
        Re: Lowell/MBNA and enforcable agreement

        In fact that date is more expensive than ANY anniversary you'll ever have
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #79
          Re: Lowell/MBNA and enforcable agreement

          From what i can make out so far this question is aimed at paul......Is there any ground in using Contracts(the rights of third parties act ) as mentioned in the original post, just a thought as aren't the DCA a third party to the account? Quite willing to accept this as not applicable but would be good to understand why. Just seems that this has put the DCA on the back foot somewhat, I know that the idea for this is from a rather 'dubious' site (not going to mention it again) but this is staute and not common law so does it have any merit??

          Regards

          Broke

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          • #80
            Re: Lowell/MBNA and enforcable agreement

            bump.....

            Comment

            • #81
              Re: Lowell/MBNA and enforcable agreement

              Originally posted by broke View Post
              From what i can make out so far this question is aimed at paul......Is there any ground in using Contracts(the rights of third parties act ) as mentioned in the original post, just a thought as aren't the DCA a third party to the account? Quite willing to accept this as not applicable but would be good to understand why. Just seems that this has put the DCA on the back foot somewhat, I know that the idea for this is from a rather 'dubious' site (not going to mention it again) but this is staute and not common law so does it have any merit??

              Regards

              Broke
              If it is assigned under the law of property act then they would have rights under the contract.

              I see the way you are going with the privity of contract line but its been tried many times and failed the same number of times.

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              • #82
                Re: Lowell/MBNA and enforcable agreement

                Originally posted by Paul. View Post
                If it is assigned under the law of property act then they would have rights under the contract.

                I see the way you are going with the privity of contract line but its been tried many times and failed the same number of times.

                Fair enough, as i said it seemed to have some substance as it was statute rather than common law, but thanks for the advice. I take it that by buying a debt that it then is assigned under the law of property act? Where would that then stand if no Letter of assignment had been received when they bought the debt?

                Regards

                Broke

                Comment

                • #83
                  Re: Lowell/MBNA and enforcable agreement

                  Oh aye.....CCA request in hand and ready to go in the post tomorrow (recorded delivery of course!) Here's hoping they send nothing or a different one to the last.

                  Broke

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                  • #84
                    Re: Lowell/MBNA and enforcable agreement

                    It's been a while, but now had a letter from BCW (Buchanon clarke and wells) fishing and also a phone call,not answered any ideas?

                    Comment

                    • #85
                      Re: Lowell/MBNA and enforcable agreement

                      Originally posted by broke View Post
                      It's been a while, but now had a letter from BCW (Buchanon clarke and wells) fishing and also a phone call,not answered any ideas?
                      What did the letter say.......?
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