Link chasing MBNA debt

[bjoh69]

hi,

i sent off to link for a cca for a debt that could be statute barred.they wrote cack and said it could take up to 30 days,but what really bugged me was that they went on about was that no administration charges had been levied to the account.

they then went on to say any money that had been paid meaning my £ 1.00 fee will be taken off the balance.can they do this.i thought this fee was a statutory fee payable by law for the particulars reqested.

[pt2537]

No they should not have added this fee to your balance,

 

this is done IMHO to avoid the Limitation Act 1980 as they can show that you made a payment so the debt does not become stat barred for atleast 6 years from now

 

they should be advised that this payment was not in respect of the debt nor is it to be treated as an acknowledgement of any indebtedness to their company or any company they represent

[bjoh69]

thank you for that.i thought that is what they are trying to do avoid statute barred.incidentally the cca that i sent for was for mbna.i forgot to mention that.

[JonCris]

Its a typical dodgy trick by this DCA

 

As advised you MUST write back (special delivery) as soon as possible contesting their decision & again telling them in no uncertain terms that under no circumstances do you acknowledge any liability to them & the payment must be used for the purpose it was made otherwise you will report them to both TS & the OFT

 

You should also mention the 2006 Fraud Act & their attempt to obtain monies that are not entitled to by fraudulently trying to enforce the unenforceable

[bjoh69]

thank you for that i will write back to them.

[JonCris]

To reiterate I have always been a bit of a lone voice but if the debtor either knows are suspects the ‘debt’ may be time barred I always though it folly to make a CCA request. The reasons are that by doing so you may give the DCA grounds to argue that you have acknowledged the debt by paying £1 toward the outstanding account as has happened here.

 

IMHO rather than a CCA request it would be best to deny any liability whilst stating that any attempt to enforce the alleged debt will be vigorously defended.

By doing this at the outset the DCA will be left in no doubt that they will have to produce evidence that they have a right to enforce the debt via legal means otherwise any attempt to enforce a time barred or debt without an agreement could mean them not only throwing good money after bad but also falling foul of the 2006 Fraud Act

[bjoh69]

i have written to link asking for a cca and enclosed the £ 1.00 fee.they did send me a signed credit agreement but is over 6 years old,so i wrote back to them to say that it is statute barred.how do we know if a debt is statute barred untill we get some proof as in dates etc.

i wrote to them for another one and they said they would use my £ 1.00 to go towards the balance owing.i think that debt maybe statute barred too.

[bradz1711]

Surely if the original letter requesting the CCA had a postal order that was specifically meant for administration costs and it was stated so in the letter, then the creditor is acting fraudulently in using that money for another purpose other than the one requested by the debtor. If anyone requests CCA from creditor it is imperative that you state quite clearly that the fee payed is for administration costs ONLYand is not an acknowledgement of the debt and if there are no administration costs incurred then the original postal order should not be cashed and returned forthwith. If the postal order is cashed and taken from the balance of the debt, you will have no alternative but to report the creditor to the relevant bodies. Heres some interesting reading that may help

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/134506-inside-dca.html?highlight=internal+complaints

[JonCris]

bjoh Surely it's not beyond the wit of a consumer to have some approx. idea when they defaulted & if in doubt as to the precise date repudiate liability anyway then if they DO establish your liability you have lost nothing