MBNA to DCA

[Dev1003]

Hi All, can anyone make any suggestions to what i can do next.

Wrote to MBNA 7th March for CCA. My os balance was 4k in default. 30th April they passed or Sold debt to Link Financial. Link Financial 13th July produced a copy of CCA. and are now insisting full payment. I have written to FSO outlining that MBNA were in breach of consumer credit act and should not have passed my detail to a third party. Awaiting reply from FSO - interesting to see outcome!?!

[Tools]

Re: MBNA to DCA

Hi Dev,

Is the copy of the CCA to your satisfaction and were you informed that they were passing it to Link Financial by way of Notice of Assignment or are MBNA just using them to collect the debt.

Either way they are entitled to pass on your Data or sell on your debt as would have been mentioned in your Terms & Conditions or on your CCA.

[Dev1003]

Re: MBNA to DCA

The DCA has sent me a copy of the application form and terms on another page. It looks correct. As to the assignment, the first i was advised was by the DCA on 30th April that as of 23rd April the debt was assigned to them.
Surely, whilst the matter was in dispute ie. MBNA had not provided me with CCA then this should never been assigned to a third party.

[Tools]

Re: MBNA to DCA

Is it possible you can scan up a copy of what they have sent you (CCA wise and letters from DCA), miss out the personal details name address, account number etc.

[Dev1003]

Re: MBNA to DCA

Hi there,

Thanks for the interest - attached is Application and terms - each were sent to me on separate sheets

[Dev1003]

Re: MBNA to DCA

Attached is letter from DCA

[Dev1003]

Re: MBNA to DCA

I have attached the first contact letter to me from the DCA - Bear in mind that MBNA had not replied to my letter dated 7th March 2009 for a copy of my CCA

[Tools]

Re: MBNA to DCA

Did MBNA ever inform you that the debt would be assigned to Link Financial? I could write you a letter saying you now have to pay me the debt, would you pay me without the correct notification from the original creditor?

At first glance the so called "CCA" looks only fit to put in the bottom of a Budgies cage, but I am no expert on these matters and I would prefer the opinion of someone such as Curlyben or PT.

[Dev1003]

Re: MBNA to DCA

The answer to that one is NO - The first i heard about the "assignment" was via a letter & phone calls from the DCA

[WendyB]

Re: MBNA to DCA

Well I am only a trainee in these matters lol, but it seems to me that if the CCA is unenforcable then Link and whoever else can basically take a hike. And as MBNA have never informed you that they were assigning the debt etc, they have not followed correct protocol, so that's another nail in the coffin.

Link will probably send you all sorts of threat-o-grams, mostly not worth the paper they are written on, and no doubt there will be a suitable letter in CB's library for you to reply with. You can try and work out a payment plan with them, cos that's the best they'll get, despite what they may threaten.

If the CCA is unenforcable, then you have two options, legally they can't enforce, but morally, should you pay?, as you have spent the money, etc. If there are any charges on the card you could use them at a later date to negotiate and reduce the balance outstanding.

[Dev1003]

Re: MBNA to DCA

Thanks for that - any idea how i can find out if the CCA is enforcable or not?

[MIKE770]

Re: MBNA to DCA

If the CCA in unenforceable send link a letter to the effect, also the account is in dispute letter, they should send the account back to MBNA, WHO IT SEEMS are not following complaint procedure, and just farming account out. I am sure somebody will be along soon to give further advice. In the end best you could possible do put the matter to rest is to offer a greatly reduced final settlement figure, but that will be at a later stage.

[Dev1003]

Re: MBNA to DCA

I agree about MBNA - I have made an official complaint to the Ombudsman against MBNA passing over my details to a third party without honouring my CCA request. They are investigating at the moment

[distressedmam]

Re: MBNA to DCA

I have a bizarrely similar tale, same dates on letters too!

MBNA confirmed they cannot locate cca, I put the account in dispute in December 08 and mbna continued to ignore my sar/cpr requests, banking the cheque and misappriating against statement balance!

Link claim they took over on 23 April, I received the letter (in duplicate) on 9 May. I have never received a letter of assignment from mbna.

I am tired of this deadlock with mbna ignoring all letters, sent in triplicute by recorded delivery, now Link claim they can provide information for £5 but only form 23/4/09 as this is when they took the account over?!?

I can write to mbna and point out they were not in a position to transfer to a third party whilst the account was in dispute but they will ignore it, I have written it at least 5 times before.

How do I take this further? I really would like the whole matter resolved once and for all!

A distressed mam

[Tools]

Re: MBNA to DCA

If they cannot locate the CCA, they cannot enforce the debt.