2 CCA requests received but are they enforceable??

[N1son]

We started dealing with our own debts after leaving CCCS and 2 of our debts (Lloyds TSB and MBNA ) are being handled by DCA's.

 

We requested CCA's for both as we wanted to be sure of everything CCCS had been doing and didn't recognise the names payments were going to

 

after chasing we found Wescot were dealing with the Lloyds loan and Idem were dealing with MBNA debt and we issued requests and £1 cheques to these companies.

 

The one from Lloyds is 'a copy of the reconstituted version of your executed agreement and a signed statement of your account' - it goes on to say ...

 

'there is no requirement under the CCA to provide you with a copy of the original signedagreement.

 

'having satisfied our obligation under section 78, the agreement you have with us is fully enforceable and we shall continue to treat it as such.

 

Since we received this letter we have had two further letters

- 1 from wescot advising reduced payment would be accepted and another from SCM solicitors requiring the balance paid off within 7 days

 

Where do we stand with this debt?

 

idem servicing sent a copy of the CCA after request and it is not signed by me or MBNA

but tick boxes next to my name and that of Jonathon Back (Director) on behalf of MBNA are both ticked (computer generated)

 

Where do we stand with this one ?

 

I'm not trying to get away with paying anyone but the different companies and lack of agreements seems a bit strange?

[dx100uk]

when were these accounts taken out?

 

what does your CRA file say about them too?

 

dx

[N1son]

Both show Nov 2006 as first history on Noddle

 

MBNA (Idem servicing) is early arrears due to not paying anything this month - they can't seem to give us the details we need to arrange a payment Status - Late Payment

 

Lloyds Createcard showing status as default in Nov 2011 - whilst CCCS were managing our debt!!!

[Bandit127]

Who is registered as the owner of each debt on your credit files?

 

Can we assume "Createcard" is a spell checker mistake for Callcredit?

 

And which debt do you have the "solicitors" letter for? (MBNA seem to have more than their fair share of threads on the Legal Issues forum...)

[N1son]

Who is registered as the owner of each debt on your credit files?

 

Can we assume "Createcard" is a spell checker mistake for Callcredit?

 

And which debt do you have the "solicitors" letter for? (MBNA seem to have more than their fair share of threads on the Legal Issues forum...)

 

Createcard is the name of the original Lloyds credit card, listed as Lloyds TSB on the Credit file(noddle) thats the one that has had a solicitors letter from SCM Solicitors

 

MBNA was the original lender but shows as Idem Servicing on Credit File (noddle)

[dx100uk]

probably the MBNAwas an online agreement?

 

asfor lloyds

they can send a recon, but, unless it was an online sign-up, again they'll need a signed copy for court

 

it sounds to me like you migt well have been stung [MBNA] with lots of PENALTY charges?

 

late.over etc?

 

theres a reason why MBNA have sold it, bet thats it.

 

SCM are lloyds internal tame solicitor

 

dunno why wetcloths were involved.

 

only whom is shown as the OWNER of the debt on your cra can take you to court

 

dx

[N1son]

I'm checking on Noddle and there is no 'Owner' so I'm assuming the 'lender' named is the owner of the debt?

[dx100uk]

yep

 

differing cra's use differing terms

 

dx

[smithy70]

I agree with dx

The MBNA one is almost certainly an online application and thus all above board. The Lloyds TSB one sounds like they do not have the original which they will need to enforce in court. Complying with a CCA request is not the same as actually being able to enforce (provided you actually defend)

 

MBNA have sold on all of their debts as far as I know as they are or have left the UK market

[dpick]

MBNA updated my cra file end of October so they still own some debts, probably some that are so stuffed they will not sell.

 

dpick