oh's MBNA/Moorgate debt - being chased from 1995

[roaringgirl]

August 2012 - and in October MBNA sold to Moorgate despite being under a cca request

[BRIGADIER2JCS]

August 2012 - and in October MBNA sold to Moorgate despite being under a cca request

 

They can sell at anytime, the way to go is the SAR, this could be a genuine error and the default has not been recorded by Moorgate.

[roaringgirl]

Righto - SAR it is then

[BRIGADIER2JCS]

Righto - SAR it is then

The only way to go I think.

[roaringgirl]

They can sell at anytime, the way to go is the SAR, this could be a genuine error and the default has not been recorded by Moorgate.

 

I was under the impression that they could not sell on when an account was in dispute?

[roaringgirl]

Just got my CCA back after waiting since November for it -no response to the SAR yet.

 

The copy of the original agreement is enclosed. However, although it has my husband's address and signature on it, it is dated 1995 and it has NO account number on it, and so I have no idea whether is pertains to this account or not.

 

Any advice as to what to do next????

[roaringgirl]

hello again - I would really like it if anyone at all can either offer advice or share experiences with me on this one - today I received a letter from Moorgate saying theu were going to default the account. I have looked at the "loan account number" on the letter - this nimber does not correspond in any way whatsoever with anything I possess -not on the old statements, not on the letters from MBNA - on nothing. There is no account number on the agreement which was dated 1995.

 

I am genuinely at a total loss as to what the bloody hell is going on! As it is, it's taken Moorgate since November to produce this 'recon.

 

Not even the figures add up!

 

Help!

[dx100uk]

that'll be funny

 

how can they default al one thats already fallen off the cra file?

 

templated computer letter.

 

dx

[roaringgirl]

I have just checked through again,and it appears my husband does have the account... but I am still non-plussed about the recon - it has no account number on it so how can I be sure it pertains to this account?

 

I am slowly losing the will to live....

[roaringgirl]

But if the account is still 'live' will it not stay on the credit file,or do all accounts fall off regardless of what they are after 6 yrs?

[roaringgirl]

which templated letter doI need?

[BRIGADIER2JCS]

Hold on before rushing in to templates.

Did you request this particular CCA?

Does it show or has it shown on CRA files?

When was the last payment or written acknowledgment made?

 

All defaulted accounts are removed after 6 years paid or not, to

place a default now on an old debt would be manifestly unfair and

relatively easy to challenge as such.

[roaringgirl]

Hello Brigadier,

 

I apologise for the tardy response -

 

yes,I did request the CCA

yes, it does show on CRA files

last payment made August 2012

 

If the account is not defaulted, then I assume it will not be removed?

 

Finally - there is NO account number on the recon, and it dates all the way back to 1995 - so there is NO proof which account it belongs to......

 

If they default me now, how would I challenge it?

[roaringgirl]

sorry - not default me... I meant my husband - I am paying off his debts from his previous marriage.

[roaringgirl]

Can they enforce it if there is no account number on the agreement???

[BRIGADIER2JCS]

The account no. is not relevant as a recon is exactly what it says s reconsrtruction of the data that would have constituted the agreement origunally signed, as to enforcement that would be simply in the hands of a judge to decide if the recon + other evidence is sufficient to reasonably believe that a liability subsists.

[roaringgirl]

It still doesn't feel right

[dx100uk]

what is the listed default date on the cra file?

 

dx

[roaringgirl]

That's just it - there is no default! That's why I am waiting on the SAR.

[dx100uk]

ok sit tight for the sar

 

dx

[roaringgirl]

Ok - the SAR is back. In it is a signed copy af an agreement which has no account number on it - so I have no idea which account it is. It could be anything! There is nothing else and I mean nothing - no statements - nada.

 

What on earth do I do now?!

 

The agreement could be anything!

[BRIGADIER2JCS]

1st post a redacted copy here so we can see if the agreement is ok.

[dx100uk]

thread tidied

 

dx

[BRIGADIER2JCS]

Thanks dx.

[roaringgirl]

Here is a redacted copy of the agreement. Obviously i have photoshopped out the names, addresses, signatures.

 

Now there are no numbers on here that correspond with anything we have whatsoever - so I am now at a loss!!

 

Oh - how do I do this?!