MBNA V Birdie's OH

[Curlyben]

Re: MBNA V Birdie's OH

LOL, well this ones even easier.
"Selling" and account while in dispute, naughty, naughty.

[Birdie]

Re: MBNA V Birdie's OH

Gooooodie!

Any ideas on how I progress this one?

CB, I've already sent your lurrrrvly bemused letter to MBNA - before they passed the debt on.

I've attached Budgie's new Compound Interest spreadie to this post. Note it does not include any charges from 1996 to 2002
cos they have not provided me with the data.

x

[Curlyben]

Re: MBNA V Birdie's OH

Send Equidebt my bemused as now this has been passed to a DCA the game changes.

Edit as needed

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access 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 Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT 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

*- Delete as needed
Enjoy

[Birdie]

Re: MBNA V Birdie's OH

Response attached from Equidebt

"This matter has been referred to our vendor (!!!!!) for further instructions.

How can it be the vendor, if Equidebt needs further instructions.

Beats me!

Oh well, let's wait and see what dung they fire next!

:merrychristmas:

[Curlyben]

Re: MBNA V Birdie's OH

More idiots

[Birdie]

Re: MBNA V Birdie's OH

and............. now this.

[Birdie]

Re: MBNA V Birdie's OH

Now received this.

Any ideas what I should do with this? Shall I just send another bemused letter?

Thanks

[Curlyben]

Re: MBNA V Birdie's OH

Errrr well my rabbit could do with some new bedding

[Guest]

Re: MBNA V Birdie's OH

Punch a hole in the corner and hang it in the smallest room in the house - it will then actually be able to perform a useful function.