Lowell/MBNA and enforcable agreement

[broke]

Hi, new here and a question for the knoledgable.I have what initially(have not looked at it properly and am new to this) seems to be an enforcable agreement from Lowells who have brought the debt from MBNA. Now section 15c of the agreement states "We may transfer our rights or duties under this agreement or arrange for any other person to carry out our duties under this agreement.You may not transfer any of your rights under this agreement.".My question is does this make it unenforcable under the Rights of third Parties act 1999 section 1 para.3 which reads "The thyird party must be expressly identified in the contract by name, as a member of a class or as answering a particular description but need not be in existance when the contract is entered into.". I have pointed this out to them and my reply was that they are awaiting copies of my statements and have put the account on hold for 28 days. This letter ping pong has been going on for almost 12 months now-the amount is for £1500ish.Any thoughts on this would be appreciated.

Broke

[broke]

Re: Lowell/MBNA and enforcable agreement

Just a quick update. My agreement is exactly the same as the enforcable agreement example post here http://www.all-about-debt.co.uk/cont...BNA-online.png .It's dated March 2006 which is why I was asking the above question.Again any thoughts would be good.

[PlanB]

Re: Lowell/MBNA and enforcable agreement

Just a quick update. My agreement is exactly the same as the enforcable agreement example post here http://www.all-about-debt.co.uk/cont...BNA-online.png .It's dated March 2006 which is why I was asking the above question.Again any thoughts would be good.

I doubt it

That agreement is dated 2007 and you opened your account in March 2006 before the law changed

[PlanB]

Re: Lowell/MBNA and enforcable agreement

I have what initially(have not looked at it properly and am new to this) seems to be an enforcable agreement from Lowells who have brought the debt from MBNA.

. . . . . I have pointed this out to them and my reply was that they are awaiting copies of my statements and have put the account on hold for 28 days. This letter ping pong has been going on for almost 12 months now-the amount is for £1500ish.Any thoughts on this would be appreciated.

Broke

One more quick question. How did you get hold of that copy of your agreement, did you send a formal s.78 request with the £1 statutory fee to MBNA or Lowell They need to send you more than just the alleged agreement to satisfy their legal duty

[broke]

Re: Lowell/MBNA and enforcable agreement

Nope, Lowells just sent this to me after a few letters (been following advice off another site) along with statements-since i mentioned the rights of third parties act etc. it's gone very quiet........never did a cca.So saved me a pound!!!!

[PlanB]

Re: Lowell/MBNA and enforcable agreement

Nope, Lowells just sent this to me after a few letters (been following advice off another site) along with statements-since i mentioned the rights of third parties act etc. it's gone very quiet........never did a cca.So saved me a pound!!!!

There is a huge advantage in making a formal s.78 request because until the creditor complies they cannot enforce the debt in court. Well worth the £1 investment if you ask me Wait for a Mod to suggest it but there is a template letter on here which ties them up in knots.

Have you got any other debts we can help you with ?

[Undercover Elsa]

Re: Lowell/MBNA and enforcable agreement

Hi Broke,
Welcome to AAD

No harm at all in sending a CCA request, as above, even if you've done one before you can send another providing a month has elapsed.

In the meantime, please follow Flowerpower's link and send what you've got to Niddy, sans any editing, and he'll be able to tell you how it stands..including on the issue of the third party rights.

TBH that is a very common proviso included in many consumer credit agreements, so although you may have confused them with it I doubt there's any mileage in it as I believe the CCA 1974 would override the Right of Third Parties Act.

Just my opinion, may be wrong but Paul or Niddy will know for sure, once you've uploaded the agreement.

[CleverClogs (RIP)]

Re: Lowell/MBNA and enforcable agreement

Nope, Lowells just sent this to me after a few letters (been following advice off another site) along with statements-since i mentioned the rights of third parties act etc. it's gone very quiet........never did a cca.So saved me a pound!!!!

You might have saved a pound, but this isn't MSE and saving a quid won't get you much praise here.

It is likely that Lowells have supplied you with flim-flam that is entirely different from the terms applicable to your account. It is doubtful that Lowells acquired the nickname of the Leeds losers by happenchance.

Regarding your question about third parties: this would not apply, as the creditor would be the first party to the agreement.

[CleverClogs (RIP)]

Re: Lowell/MBNA and enforcable agreement

Just a quick update. My agreement is exactly the same as the enforcable agreement example post here http://www.all-about-debt.co.uk/cont...BNA-online.png .It's dated March 2006 which is why I was asking the above question.Again any thoughts would be good.

In that case, you would appear to have been obliged to pay for Payment Protection Insurance which you should reclaim from the company to whom MBNA assigned their rights and obligations.

It could even work out that they owe you some money.

[broke]

Re: Lowell/MBNA and enforcable agreement

OK.....Thank you so far....will get the agreement scanned and emailed asap.As regards PPI the tick boxes are blank-ergo i never paid for it. Just feeling at the moment that another site may have been providing a bit of a bum steer(Wasn't MSE or CAG) but some of the names on here are also on there, not overly anxious but slightly confused at the moment.

[broke]

Re: Lowell/MBNA and enforcable agreement

I doubt it

That agreement is dated 2007 and you opened your account in March 2006 before the law changed

Which law would that be??? Something to do with electronic signatures?

[ScabHunter]

Re: Lowell/MBNA and enforcable agreement

Which law would that be??? Something to do with electronic signatures?

No, the Consumer Credit Act 2006, which became active on 6 April 2007. This repealed Section 127 subsections 3-5 of the 1974 Act, but not retrospectively.

Therefore, there is every chance that an agreement taken out in 2006, and identical to one taken out in 2007, could be unenforceable whereas the latter one would be enforceable.

SH

[broke]

Re: Lowell/MBNA and enforcable agreement

I think i ought to get the agreement scanned!! There seems to be more to learn here!!

Just seems to be a lot of conflicting advice between different sites and it just serves to confuse me, different approaches to this etc. But so far a genuinely heartfelt thanks with this.

[ScabHunter]

Re: Lowell/MBNA and enforcable agreement

For what it is worth I spent nearly two years on the CAG site, and made over 1,500 posts. In 2010, I just stopped posting because the site had lost its way and was no longer giving the quality of help and support which it had given during the good times.

I never opened an account on MSE because there are too many cretins on there who give abuse instead of help. I'd have only ended up getting into an argument with one of them and getting banned, so why bother? People with debt issues are better off elsewhere.

If the site you refer is the 'doggy site', then I did briefly open an account on there. I made a few posts, but was never convinced it was going anywhere. I became very concerned when the forum owner started to suggest that judges blatantly ignoring the law and making up their own version of it was “common sense”, and that sending a Subject Access Request reset the limitation clock.

I only discovered this site in early April, but now it is the only consumer or debt related site which I would be prepared to give up my time to post to. I may be biased now, but I didn't start off by being biased. I formed the opinion that this is far and away the best consumer site simply because it is.

If you are confused, carry out your own independent research. For example, the Consumer Credit Act 2006 which I mentioned earlier can be verified using official Government documents, with a simple internet search.

Email your agreement to Niddy and let him look at it for you. Then you will have the knowledge you need to decide what to do next.

SH

[PlanB]

Re: Lowell/MBNA and enforcable agreement

Just seems to be a lot of conflicting advice between different sites and it just serves to confuse me, different approaches to this etc. But so far a genuinely heartfelt thanks with this.

Check 'em all out but AAD is my spiritual home because I'm surrounded by likeminded people who have had their lives damaged by the banks and want to do something about it. The most successful revolutions start small and then gain control We'll beat the banks at their own game sooner or later