unenforceable but sold on? how should I proceed

[DEBTFREE1DAY]

Hello, I have been referred here by the forumites at MSE, basically after following NIDs excellent advice a couple of years ago,. one of my creditors MBNA said they could not find an orginal complete CCA and as such whilst they would pursue the debt, and update credit reference files as they saw fit, and thought I should pay the date morally, they couldnt pursue me ion the courts

Nothing happened.....until a month ago frederickson international started writing and phoning (regularly) . I have explained they have bought a turkey but they keep pursing me and have asked to see any evidence I have!!

Tempted as I am to ignore them I think I should send them the following....or any alternative

PLEASE ADVISE....and Thanks in advance

--------------------------------------------------------------------

Sir/Madam
As I have explained on several occasions over the telephone you are trying to claim a debt on behalf of MBNA which despite several requests under Section 78 of the Consumer Credit Act 1974, MBNA have not been able to provide a complete copy of any credit agreement.
On Oct 07, 2010, MBNA wrote to me stating and I quote
“Unfortunately the copy of the agreement that we have retrieved is incomplete, and at the moment, we are unable to provide a complete copy.
While we try to locate this we confirm that we will not issue court proceedings against you to recover the amount owed to us.....”
You have stated several times over the phone you are acting on behalf of MBNA, so therefore I suggest you request from your client a copy of the above letter before contacting me again.
I do not recognise this debt.
I have been subjected to a barrage of telephone calls and expect these to stop immediately.

[Pixie]

Re: unenforceable but sold on? how should I proceed

Hi DF1D

I remember you from over the road.

Even though MBNA have said that they can't pursue you in the courts, they will still pursue you through dcas (either in the hope that you'll be scared and pay up or sick to death of the dcas threats and pay up!)

Niddy has some great template letters: Click on the 'Parent Site' tab at the top of the page --->Resources --->Unenforceability --->CCA Query - Letter previously confirming no cca. You could merge with the telephone template which is found under harassment in Resources.

[Pixie]

Re: unenforceable but sold on? how should I proceed

BTW you can click on highlight text button at the bottom of the template to copy the text. Remember to amend where necessary.

[Never-In-Doubt]

Re: unenforceable but sold on? how should I proceed

Hello, I have been referred here by the forumites at MSE, basically after following NIDs excellent advice a couple of years ago,. one of my creditors MBNA said they could not find an orginal complete CCA and as such whilst they would pursue the debt, and update credit reference files as they saw fit, and thought I should pay the date morally, they couldnt pursue me ion the courts

Nothing happened.....until a month ago frederickson international started writing and phoning (regularly) . I have explained they have bought a turkey but they keep pursing me and have asked to see any evidence I have!!

Tempted as I am to ignore them I think I should send them the following....or any alternative

PLEASE ADVISE....and Thanks in advance

--------------------------------------------------------------------

Sir/Madam
As I have explained on several occasions over the telephone you are trying to claim a debt on behalf of MBNA which despite several requests under Section 78 of the Consumer Credit Act 1974, MBNA have not been able to provide a complete copy of any credit agreement.
On Oct 07, 2010, MBNA wrote to me stating and I quote
“Unfortunately the copy of the agreement that we have retrieved is incomplete, and at the moment, we are unable to provide a complete copy.
While we try to locate this we confirm that we will not issue court proceedings against you to recover the amount owed to us.....”
You have stated several times over the phone you are acting on behalf of MBNA, so therefore I suggest you request from your client a copy of the above letter before contacting me again.
I do not recognise this debt.
I have been subjected to a barrage of telephone calls and expect these to stop immediately.

Hiya & welcome here

Just send a copy of the letter from MBNA confirming they cannot find the CCA with one of these asap (recorded delivery) ---> CCA Query - Letter Previously Confirming No CCA

[DEBTFREE1DAY]

Re: unenforceable but sold on? how should I proceed

Thank you both - i will action today, and later on come back with another query I have against a seperate debt

[Never-In-Doubt]

Re: unenforceable but sold on? how should I proceed

Thank you both - i will action today, and later on come back with another query I have against a seperate debt

Cheers mate

[DEBTFREE1DAY]

Re: unenforceable but sold on? how should I proceed

reply for fredrickson...........



Thank you for your letter dated xx, xx, xx the contents of whicvh we note.

We can confirm that irrespective of our client's ability to enforoce a judgement in this matter you are contractually liable to pay the outstanding balance.

We look forward to hearing from you with payment proposals.

--------------------------

what dyou think? ignore?

[Deepie]

Re: unenforceable but sold on? how should I proceed

reply for fredrickson...........



Thank you for your letter dated xx, xx, xx the contents of whicvh we note.

We can confirm that irrespective of our client's ability to enforoce a judgement in this matter you are contractually liable to pay the outstanding balance.

We look forward to hearing from you with payment proposals.

--------------------------

what dyou think? ignore?

Just ignore see what they do next

[oscar]

Re: unenforceable but sold on? how should I proceed

One word answer really (or possibly two)

Ignore (them)

[Never-In-Doubt]

Re: unenforceable but sold on? how should I proceed

I'd write back as follows;

"I can confirm that irrespective of your inability to enforce a judgement in this matter you are contractually liable to follow the oft guidance on debt collection. This is my final response in this matter."

[jen_br]

Re: unenforceable but sold on? how should I proceed

Love and Kisses

Sign Digitally!

[pompeyfaith]

Re: unenforceable but sold on? how should I proceed

Love and Kisses

For fredrickson's no thanks

[oscar]

Re: unenforceable but sold on? how should I proceed

I'd write back as follows;

"I can confirm that irrespective of your inability to enforce a judgement in this matter you are contractually liable to follow the oft guidance on debt collection. This is my final response in this matter."

You forgot "If you are still unhappy, you may have the right to refer this to the FOS, however you must do so within 6 months of this letter"

[CleverClogs (RIP)]

Re: unenforceable but sold on? how should I proceed

I'd write back as follows;

"I can confirm that irrespective of your inability to enforce a judgement in this matter you are contractually liable to follow the OFT guidance on debt collection. Other than to suggest you look up the celebrated retort in the unreported 1971 case of Arkell v Pressdram, this is my final response in this matter."

IFYPFY

[Never-In-Doubt]

Re: unenforceable but sold on? how should I proceed

IFYPFY

I do love it how you keep adding that into posts - basically, to those that don't know, it is a 2 syllable word beginning with F and ending with F