Link Financial have done a mass mailing of Default Notices re: assigned accounts.

[angry cat]

Link Financial have done a mass mailing of Default Notices re: assigned accounts.

 

Have you received one within the last few days?

 

AC

[1411mac]

Hi AC,

Actually a friend of mine has, received today and dated 25 Sept with repayment by 9th October, I thought there should be 14 days from service (from reciept??). But yes, 1 received today. Cheers mac

[42man]

quote the following from Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

 

Quote:

SCHEDULE 2

FORM OF DEFAULT NOTICE BEFORE A CREDITOR OR OWNER CAN BECOME ENTITLED, BY REASON OF ANY BREACH BY THE

DEBTOR OR HIRER OF A REGULATED AGREEEMENT, TO TERMINATE THE AGREEMENT, DEMAND EARLIER PAYMENT OF ANY

SUM, RECOVER POSSESSION OF ANY GOODS OR LAND, TREAT ANY RIGHT CONFERRED ON THE DEBTOR OR HIRER BY THE

AGREEMENT AS TERMINATED, RESTRICTED OR DEFERRED OR ENFORCE ANY SECURITY

Regulation 2(2)

Details of agreement

 

1

A description of the agreement sufficient to identify it.

 

Parties to agreement

2

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than

fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and

the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

[angry cat]

For the avoidance of doubt,

I would add that these default notices are in relation to accounts that have been sold by the assignor, to the assignee; Link Financial Limited.

 

Many have already been defaulted and terminated by the original OC.

 

AC

Edited August 3, 2009 by angry cat

[darryl1960]

Hi Angrycat

I also received a default notice as you have described.The notice states that MBNA still have an interest in things but I was under the impression that MBNA had sold the debt to Link Financial.

[1411mac]

Thanks 42Man,

[angry cat]

We were all under the impression that MBNA sold the alleged debts to Link Financial!

 

AC

[MAGDA]

So, if they are sending these DNs out en masse, then that would imply that the account had not been defaulted previously, as I believe it is only possible to default an account once, or should be. Also, if the account was not defaulted by the OC, then the agreement between the debtor and the OC was still intact and the creditor should therefore be unable to assign the debt (legally). Any views on this? Magda

[1411mac]

We have written to Link today advising that there DN is invalid because it does not give the 14 days from date of service, and that a complaint has been made with the FOS

[angry cat]

To my knowledge all the DN's that Link have sent out are ineffectual.

 

Furthermore, You cannot default an account that has already been defaulted and terminated under s87/88 by the OC;

Link should know that.

 

The complaint should be made to the OFT!

 

AC

[The Phantom]

Just subscribing and letting you know I got one yesterday.

MBNA sold this to Link in April 2007. When Link contacted me I sent them a CCA request which they duly defaulted on in May 2007.

They haven't been in contact since (so for about 15 odd months) but sent me this DN despite being in default themselves ref the CCA request from last year.

I thought they couldn't send a DN on a dispute account that they are in default with. I also thought they had to cease all collection activity until they produced the agreement.

So today I sent them this letter

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.( this date should be 12+2 WORKING days after you sent the request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

courtesy 42man & emmaf01 (many thanks to you )

 

In case anybody is interested my own thread on this saga can be found here

 

http://www.consumeractiongroup.co.uk/forum/mbna/72390-mbna-default-ref-r-new-post.html

[bartezno1]

Subscribing

[angry cat]

I suggest that members bring the;

Consumer Protection from Unfair Trading Regulations 2008,

into the equation!

 

October 1, 2008

Your Reference: XXXXXXX

 

The Data Controller

Link Financial Limited

89 Albert Embankment

London

SE1 7TP

 

I DO NOT ACKNOWLEDGE ANT DEBT TO YOUR COMPANY WHATSOEVER

 

Dear Sir or Madam:

 

Request for Information under the Consumer Credit Act 1974 – MBNA (Europe) Bank Limited Account Number: XXXXXXX – Your Reference: LINK: XXXXXX

 

This letter is a formal request pursuant to Section 77/ 78 of the Consumer Credit Act 1974, the (“Act”). I require you to provide me with a True Copy of the Original Executed (Signed) Credit Agreement relating to the above referenced account, 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.

 

Your attention is drawn to regulations 3(b) 5(2), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (“CPUTR”).

 

You are also reminded that, should you fail to comply with my request, the provisions of section 77/ 78(6) of the Consumer Credit Act 1974, the (“Act”), will apply…

 

I enclose a postal order in the sum of £1.00, which is the statutory fee that is required payable for my legal request.

 

WARNING! The above mentioned statutory fee of £1.00 is not to be used for any other purpose other than my legal Consumer Credit Act request, any attempt by Link Financial Limited to take or, use this statutory fee for any other purpose other than my section 77/78 Consumer Credit Act 1974 request will be viewed as theft.

 

In responding to my request to supply a True Copy of the Original Executed (Signed) Credit Agreement, you must provide any and all documents referred to in it. I specifically request a true copy of the inception Terms and Conditions which formed the original credit agreement, and a true copy of the original; ‘Payment Protection Insurance’ policy, and the original terms & conditions, of that insurance policy. You should also send me a statement of account. (Delete the PPI part if not applicable)

 

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.

 

If you do not understand this letter, you should seek professional advice.

 

Yours faithfully,

 

Your name; printed"

 

I have sent the above.

 

AC

[tiokim]

Subscribing

[Perdita]

subscribing as well - Im a proud owner of one of these default notices too.

Praps they have got a new office junior who was practising with the photocopier!

[propjoe]

[di.harry]

Have just subscribed - glad I found this forum! I've also received the same letter as above concerning an MBNA account that I don't even recognise.

 

What's more, about 2 years ago they first wrote to me about this account which I didn't recognise (I had other MBNA accounts, but this A/C number didn't ring a bell). So I wrote to them a couple of times asking for more information but no reply (didn't know about the CCA at the time).

 

Now, hear this: instead of replying to me, they found out my Father's office Fax and sent him a letter (by the way, I'm 40yrs old and my father who has just retired does not even live in the UK!) and they were claiming the money that I was supposed to owe them!! I was stupid enough to not file a claim against them. First of all, my father is not liable for my debts, and secondly how the hell did they find his fax number in a different country??!!!!!!

 

Instead, I wrote them a strong letter telling them they breached personal privacy regulations, and also sent them a CCA request with £1.00 asking for a copy of my Credit Agreement.

 

I received a letter of apology with information on how to report them to the OFT, etc..., if I wanted to, in which they said that they were sorry; it was a mistake. Being nice (but dim) I said it's OK and didn't do anything about it. But still I had no reply to the CCA letter with a copy of my Credit Agreement...

 

Two months later, and not 14 days later, I received a manila envelope with no cover letter or anything, but just a photocopy of a Credit Agreement and guess what: the agreement was signed by a "Mrs so and so" (not even a Mr. - if that doesn't show in the forums, I am male, by the way) and nothing matched with my details: the name was different, the address different, the signature different!!

So I wrote back thanking them (instead of complaining why it took 2 months), and said that the agreement they sent me clearly demonstrates that this in NOT MY DEBT.

I though that settled the matter, but about a year later, they wrote a standard letter claiming for the same account again! I got really upset and sent, this time by Registered Mail, a copy of the agreement they had sent me and said that this clearly shows it's not my account! I told them that if they wrote back to me concering this account again I would consider this harassment, unless they were able to show me new evidence that the account belongs to me!

And, now, I received the same default letter you all got!

So I'll have to decide what to do, but now I'm really upset with them.

[tiokim]

Got one too, last week. Shall we all get together?

[The Phantom]

Shall we all get together?

We already have

Welcome to the LINK Fan Club

[Jeff2000]

Hi,

 

Yep, I've got one of those as well!

[Goldlady]

Yes and me for an Abbey card where they couldn't produce the CCA a couple of years ago.

 

Reply?

Ignore?

 

The word 'of' is missing from paragraph one like the letter posted above....

 

How do they know I have breached clauses 1b and 8 of the agreement when they could not supply me with a copy??????

[Goldlady]

Maybe they are hoping we will all send them £1 with a cca request.

 

The way things are they will probably get more money doing that:D

 

Just a thought....

[di.harry]

I love the way 'angry_cat' ends the letter to LINK above:

 

"If you do not understand this letter, you should seek professional advice.

Yours faithfully,..."

 

Just brilliant

[The Phantom]

Yes and me for an Abbey card where they couldn't produce the CCA a couple of years ago.

 

Reply?

Ignore?

 

The word 'of' is missing from paragraph one like the letter posted above....

 

How do they know I have breached clauses 1b and 8 of the agreement when they could not supply me with a copy??????

 

Exactly the same as me.

I haven't heard from them for 15 months or so since their default

[bartezno1]

So whats the general concensus on these DN's then?

Are we all ignoring and filing away or firing off one of the letters highlighted previously on this thread?