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Hi everyone, I'm new to your site but have been reading the various threads with great interest, I have an ongoing issue with PRA Group previously Aktiv Kapital and an upcoming court case over who owes what to whom.
Long story short: Dispute with MBNA in 2008 over rocketing interest rate charges which lead to me requesting a copy of the original agreement under section 77 & 78, well no copy of the executable agreements was forthcoming, I employed the services of a firm who challenged Lenders over credit card agreements etc to chase MBNA, after some months MBNA provided a copy of the application form saying that this was the agreement! this was disputed and it was pointed out to MBNA that NO credit limit was stated, NO set cancellation period was stated and their APR% was incorrectly presented with regard to the prescribed terms of the CCA 1974. Then instructed a Solicitor to obtain a copy of the agreement but this proved fruitless, so I wrote to MBNA advising them that until they provided me with a copy of the original agreement from Nov 2005 I will withhold any further payments.
After various copies of the application form and letter from MBNA underlining my obligations under the agreement that they had yet to supply arrived on my door mat over the following months an offer dated July 2009 arrived, it suggested that they would offer me a 30% reduction on the outstanding balance for an early settlement! I rejected the offer and once again requested they provide me with a copy of the original agreement, the following month, August a second offer arrived, again a 30% reduction, etc. etc. again I rejected the offer and requested a copy of the agreement........
In early September 2009 a Default Notice arrived from MBNA, now this quoted an incorrect account number that bore no resemblance to my account number but did demand full repayment of the full outstanding balance of just under £13k and that to remedy the default I must make full payment by the 24th Sept 2009, as the DN is invalid due to it stating the wrong a/c no. and demands full repayment I ignored it and phone MBNA to advise them that I still required a copy of the original agreement.
At the very end of September 2009 I received a letter from Varde/Experto Credtie stating the they had now purchased the interests of MBNA in the account number XXXX (which was the incorrect number also stated on the DN) and that this assignment etc. etc.
So asked them for a copy of the original agreement as they are saying they now own the debt, I had unfortunately forgotten to mention that the account number they were quoting had nothing to do with me but I was interested to see what paper work would arrive in response to my request. a couple of weeks later a letter arrived still quoting the wrong account number but saying that they are not obliged to provide me with a copy of the original agreement as they have a legal assignment in place and I should make all future payment directly to them, if I require a copy of the agreement I should make a request directly to MBNA!
We'll in the November Experto sent me a letter saying that due to an internal error they had been corresponding with me using an incorrect account number but they still want payment, so the months went by, my family & I were bombarded with phone calls and letters threatening door step collections, attachments to earnings & county court proceedings etc until late 2011 when a letter arrived from a firm of Solicitors, HL something or other stating that if I don't pay the full amount within 7 days they would commence legal enforcement and even included a breakdown of court costs and fees, I wrote back explaining that an outstanding dispute regarding MBNA's failure to provide a copy of the original agreement remains outstanding but they are welcome to take me to court if they wished and never heard another word from them.
In the spring of 2012 Aktiv Kapital wrote to me stating that they had now purchased the interests of Varde/Experto's etc, etc, I wrote asking them fora copy of the original agreement and got nothing back except for more demands for money, so come April 1st 2014 and a court direction arrives on the door mat issued by Wright Hassall on behalf of Aktiv, well at first I thought it was a joke, April 1st and what company would call them selves Wright Hassall, I ask you...... during the last year directions have been toing and froing between myself and WH with two court dates to boot, the first was ajourned as WH filed their case so late that I had no time to raise a defence and the second to make them provide me with copy of the DoA's applicable to the first and second DCA's which when they arrived were of much use as a bucket with no bottom, they were so heavierly redacted that most of the terms and conditions were covered in thick black lines, you can't make out who signed what of if they have been witnessed which was not really a suprise, whoever there is no referrence to a single deed refering to me or my oroignal account, the copies provided by WH seem to be blanket agreements, yet no original credit card agreement was included.
I read one thread were a fellow member had received a DN notice form MBNA which stated the wrong account number and when he went into court the Judge dismissed this DN in favour of a mocked up version provided by the DCA as I also face a similar situation, however in my case the DCA's version of the DN now quoting the correct account number states the wrong amount to remedy the default by some £300 do I'm hopping this will be one line of attack come the big day.
But it's the "is an assignment binding without the creditors original agreement being present" when these assignments were drawn up that I believe will be my best chance, I've trold over hunders on sites looking for the answer but really just need your kind assistance to point me at a case in law that will prove presidence and prove that assigned does not mean the DCA's have any legal right to come a knocking so to speak, your advice and recommendations would be warmely welcomed.
Thanking you all in advance.
OmegDave
Long story short: Dispute with MBNA in 2008 over rocketing interest rate charges which lead to me requesting a copy of the original agreement under section 77 & 78, well no copy of the executable agreements was forthcoming, I employed the services of a firm who challenged Lenders over credit card agreements etc to chase MBNA, after some months MBNA provided a copy of the application form saying that this was the agreement! this was disputed and it was pointed out to MBNA that NO credit limit was stated, NO set cancellation period was stated and their APR% was incorrectly presented with regard to the prescribed terms of the CCA 1974. Then instructed a Solicitor to obtain a copy of the agreement but this proved fruitless, so I wrote to MBNA advising them that until they provided me with a copy of the original agreement from Nov 2005 I will withhold any further payments.
After various copies of the application form and letter from MBNA underlining my obligations under the agreement that they had yet to supply arrived on my door mat over the following months an offer dated July 2009 arrived, it suggested that they would offer me a 30% reduction on the outstanding balance for an early settlement! I rejected the offer and once again requested they provide me with a copy of the original agreement, the following month, August a second offer arrived, again a 30% reduction, etc. etc. again I rejected the offer and requested a copy of the agreement........
In early September 2009 a Default Notice arrived from MBNA, now this quoted an incorrect account number that bore no resemblance to my account number but did demand full repayment of the full outstanding balance of just under £13k and that to remedy the default I must make full payment by the 24th Sept 2009, as the DN is invalid due to it stating the wrong a/c no. and demands full repayment I ignored it and phone MBNA to advise them that I still required a copy of the original agreement.
At the very end of September 2009 I received a letter from Varde/Experto Credtie stating the they had now purchased the interests of MBNA in the account number XXXX (which was the incorrect number also stated on the DN) and that this assignment etc. etc.
So asked them for a copy of the original agreement as they are saying they now own the debt, I had unfortunately forgotten to mention that the account number they were quoting had nothing to do with me but I was interested to see what paper work would arrive in response to my request. a couple of weeks later a letter arrived still quoting the wrong account number but saying that they are not obliged to provide me with a copy of the original agreement as they have a legal assignment in place and I should make all future payment directly to them, if I require a copy of the agreement I should make a request directly to MBNA!
We'll in the November Experto sent me a letter saying that due to an internal error they had been corresponding with me using an incorrect account number but they still want payment, so the months went by, my family & I were bombarded with phone calls and letters threatening door step collections, attachments to earnings & county court proceedings etc until late 2011 when a letter arrived from a firm of Solicitors, HL something or other stating that if I don't pay the full amount within 7 days they would commence legal enforcement and even included a breakdown of court costs and fees, I wrote back explaining that an outstanding dispute regarding MBNA's failure to provide a copy of the original agreement remains outstanding but they are welcome to take me to court if they wished and never heard another word from them.
In the spring of 2012 Aktiv Kapital wrote to me stating that they had now purchased the interests of Varde/Experto's etc, etc, I wrote asking them fora copy of the original agreement and got nothing back except for more demands for money, so come April 1st 2014 and a court direction arrives on the door mat issued by Wright Hassall on behalf of Aktiv, well at first I thought it was a joke, April 1st and what company would call them selves Wright Hassall, I ask you...... during the last year directions have been toing and froing between myself and WH with two court dates to boot, the first was ajourned as WH filed their case so late that I had no time to raise a defence and the second to make them provide me with copy of the DoA's applicable to the first and second DCA's which when they arrived were of much use as a bucket with no bottom, they were so heavierly redacted that most of the terms and conditions were covered in thick black lines, you can't make out who signed what of if they have been witnessed which was not really a suprise, whoever there is no referrence to a single deed refering to me or my oroignal account, the copies provided by WH seem to be blanket agreements, yet no original credit card agreement was included.
I read one thread were a fellow member had received a DN notice form MBNA which stated the wrong account number and when he went into court the Judge dismissed this DN in favour of a mocked up version provided by the DCA as I also face a similar situation, however in my case the DCA's version of the DN now quoting the correct account number states the wrong amount to remedy the default by some £300 do I'm hopping this will be one line of attack come the big day.
But it's the "is an assignment binding without the creditors original agreement being present" when these assignments were drawn up that I believe will be my best chance, I've trold over hunders on sites looking for the answer but really just need your kind assistance to point me at a case in law that will prove presidence and prove that assigned does not mean the DCA's have any legal right to come a knocking so to speak, your advice and recommendations would be warmely welcomed.
Thanking you all in advance.
OmegDave