You've been fantastic help, renegadeimp .... much appreciated.I will post back here as/when/if I receive anything.... sure hope I get you online again

OK - I hang fire for now then and if they come back chasing payment proposals i assume I then send them a letter saying they haven't complied with the act as they haven't supplied statement of account... or are you recommending a completely ignore?

ok - thank you renegadeimp - I will park this for now.the last communication to them will therefore be the holding email from my assigned contact stating that they will receive a letter in 'due course' and pointing out that they have set a precedent of 7 months! I will check back in here as/when/if I get a response.In the meantime, I'm presuming it is not necessary to point out again that I'm not a resident of the UK as I've read somewhere that they sometimes just try to slap a CCJ on your last known UK address..... MBNA knew that I was in Canada obviously and the postal address for my assigned contact is in Canada....

Aktiv Kapital have my email address only - I had said that all future correspondence to via my assigned point of contact - they have an email address and an address for that contact. They do not have my address in Canada. MBNA did not ever have my address in Canada either - I used to correspond via email and they had my work address (no longer event work there).In terms of why they sold the debt - I assumed it was because they were only receiving reduced monthly payments and no interest.Thank you renegadeimp.

Thank you renegadeimp - when I was negotiating a reduced payment with mbna - they did say that it was likely it would be sold on to a third party. After reduced payment was agreed upon, the account was frozen and interest frozen also. I didn't miss any payments.Not sure whether to 1) ignore for the moment and see when they send a chase email to my point of contact2) my point of contact send letter saying they haven't complied with the act because they haven't send the statement together with agreement and termsor 3) send this SAR (this is new to me...).thank you

Thank you to all for comments/advice - The amount claimed owing is approx. 5,000 GBP - don't know how it is made up as they did not supply the requested statment.My concern is that they sell this to Aktiv Kapital in Canada and if they do so will that affect my credit rating here?In terms of payments: I had never missed any payments to mbna - then went on to a reduced payment scheme approx 1.5 years ago then at beginning of last year they appear to have sold the debt to Aktiv. I have not acknowledged anything with Aktiv, they do not have my address.

I had been making reduced payments and had not skipped a beat until approx March of last year then told all of a sudden the debt had been sold

Thank you so very much.... I had made a payment to MBNA on this account, however probably at the beginning of last year. I thought that NO payment for 6 years had to have been made in order for it to be statute barred. I'm not planning to move back to the UK, however, was concerned if somehow they could pass this to the Aktiv Kapital branch in Canada and black mark my name in some way ....? Thanks again, I'm so grateful.

I am totally new to this kind of forum but see such helpful advice posted – thought I would give it a try as in need of legal advice but cannot afford it! My apologies for such a long post, however, wanted to explain the situation!I moved to Canada from UK 6 years ago. Last year, I received email from Aktiv Kapital saying I owe xxxxxx purchased from mbna. I assigned a third party as a point of contact for all future correspondence to be directed to (I find it too stressful to deal directly). A request for validation of this debt was made – copy of contract and statement. 7 months passed – a copy of an application form was sent dated 2002 with no terms or statement of account. I then consulted a UK lawyer who advised to send letter quoting the s78 act and asking for the same information (contract together of statement of account) enclosing one pound (this was sent recorded delivery).2 months later, I merely received same 2002 unsigned application form with ‘Financial and Related Conditions’ very small print, barely legible. No statement was sent. In the same letter, they asked for payment proposals within 14 days. (note: because the letter was posted to Canada, the 14 days had passed before I even received the letter).My contact has sent a ‘holding’ email stating that a letter would follow in due course and that they had set as they had set a precedent for a response time of 7 months, their request for a response within 14 days is ‘unreasonable’. My questions are: Should I wait for them to chase before sending a reply at all? How serious is this? What can they do? Are they likely to sell to the Aktiv Kapital in Canada? The UK solicitor merely said to say they haven’t complied with the act as they haven’t supplied the statement. I feel this is a little tame for a response and have therefore been doing a lot more research and have come up with the following draft response. However, wondering if I should just say they haven’t supplied statement first and then I could send this more detailed letter later? So grateful for any advice Draft letter:No acknowledgment is made of any debt to your company or its clients.Further to your letter dated xxxxxx (received xxxxxx) you have failed to comply with the Section 78 Consumer Credit Act 1974 request made on xxxxxx (further copy enclosed). This includes failure to provide the requested full copy of the “statement of account”, deemed to be that of (Ref xxxxxxx) and therefore not complied with the Act. Under s78(1) CCA 1974, to comply, the creditor must produce a true copy of the alleged original agreement, that contains all of the prescribed terms, current terms as varied or the latest copy of each notice of variation of each term that has been varied, all other required terms and statutory notices and signed by both the creditor and debtor as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments “Together with” a full statement of the alleged account signed by or on behalf of the Creditor detailing all debits and credits (full payment history starting from original creditor to date). The words “together with” means that the creditor cannot send things separately, or piecemeal. They must be sent together, ie at the same time if the creditor is to comply with s78(1).The Consumer Credit Act further states that a creditor must send the agreement within 12 working days of receiving such a request, otherwise they are in default. Furthermore, this default has continued for further month(s) which the Act states “that the Creditor commits an offence”. As such, in respect of the alleged account, you may not demand any payment, may not add further interest or any charges, may not pass to a third party, may not register any information in respect of the alleged account with any credit reference agency or may not issue a default notice. You will be aware that having failed to comply with the above Act and areas under s127(3) CCA 1974, you are not entitled to enforce the alleged debt.