Whats going on?

[winner12]

Hi all
Been paying my MBNA debt via Wescot for about 4 years now sent this months payment only to have it returned with a letter stating they are not collecting anymore
So my question is do I wait to find out who is collecting
I had the same with Monument have not paid them for about 9 months they have no clue who I should be paying what a joke

[enquirer]

Re: Whats going on?

Obviously, write to them asking why.

[PlanB]

Re: Whats going on?

Been paying my MBNA debt via Wescot for about 4 years now sent this months payment only to have it returned with a letter stating they are not collecting anymore
So my question is do I wait to find out who is collecting
I had the same with Monument have not paid them for about 9 months they have no clue who I should be paying

If both these accounts have been defaulted (so your CRA file is already trashed) then I'd wait until someone writes to you and demands payment. What's the rush

I expect these accounts have been sold to a debt purchaser. MBNA recently sold loads to Arrow Global and Monument (Barclaycard) have sold loads to MKDP. If this is the case you will get a Notice of Assignment from both. One will be a *Goodbye* letter from the original creditor, the other will be a *Hello* letter from the debt purchaser.

Keep all letters from Wescot in case the creditor ever issues a court summons so you can prove you tried to pay.

[Celestine]

Re: Whats going on?

Lowell will probably be your next DCA Lucky you eh?

Have you done a s.78 request on this account?

[winner12]

Re: Whats going on?

I will wait and see who comes calling next then (Hi Celestine can not having a CCA really help Im not avoiding paying just not sure who to pay )

[FlamingParrot]

Re: Whats going on?

I will wait and see who comes calling next then (Hi Celestine can not having a CCA really help Im not avoiding paying just not sure who to pay )

It can help you establish whether the account is enforceable or not. If the account was started before April 2007, they would have to supply a properly executed agreement with all the prescribed terms to be able to enforce.

Normally you'd send the CCA request to whoever is chasing you, however, if Wescot claim not to be dealing with the account and you haven't received a notice of assignment to another company, you should send it straight to MBNA. I did exactly that a few years ago and got letter from them saying they couldn't find it. :bounce: I haven't paid anything towards MBNA since Jan 2010 and haven't heard from ANYONE in nearly 2 years, so it is definitely worth sending a CCA request. :thumb:

Once you send it, they have 14 days to reply. If they don't, you can tell whoever is chasing you that the account is in dispute pending response to your s.78 request. :grin:

[FlamingParrot]

Re: Whats going on?

CCA request letter below. It should be sent recorded delivery with a PO for £1 and signed using your computer font rather than your real signature. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully,