Aktiv Kapital Investment bought MBNA balance

[whu1]

I sent the usual CCA request and follow up letters a long while ago in regards to MBNA with no reply........until today

 

A company called Aktiv Kapital Investment say they have purchased my outstanding balance with MBNA and the cancel any contact with MBNA

 

Now you cannot sell on a debt if it is is dispute??

 

Anyone dealt with this crowd before??? must say the letter is not a threatening as I have had before with other DCA

 

Should i just send the usual letter explaining and a copy of my letter to MBNA??

 

Thoughts please

[vint1954]

I sent the usual CCA request and follow up letters a long while ago in regards to MBNA with no reply........until today

 

A company called Aktiv Kapital Investment say they have purchased my outstanding balance with MBNA and the cancel any contact with MBNA

 

Now you cannot sell on a debt if it is is dispute??

 

Anyone dealt with this crowd before??? must say the letter is not a threatening as I have had before with other DCA

 

Should i just send the usual letter explaining and a copy of my letter to MBNA??

 

Thoughts please

Write to them and explain that the debt is in dispute with MBNA due to non complience with your CCA request.

 

POst any responses here.

 

They should not sell the debt if in dispute, but they ignore the law.

 

This is the forum letter that you can adapt to your situation.

 

A letter when the account has been passed to another debt collection agency/or from a bank/financial organisation/credit provider TO a debt collection agency whilst the account is in dispute due to non compliance with an CCA agreement request.

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This account is in dispute with **original creditor/DCA** and has been since DATE .

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading’s debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from **DATE** has NOT been answered.

 

As **original creditor/name of debt collection agency** are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully