I've recently entered into a DMP through payplan and have had no direct contact with my creditors.

My offer was accepted but then sold onto Link Financial.

If I believe the debt is unenforceable what steps do I need to take to prove this?

Thanks,

Trev

CCA link.

tell us more please

do all your debts SHOW on your cra file?

dx

Hi guys, thanks for the information it is most helpful and appreciated.

I thought I would provide you with an update of where I currently am with Link.

I sent them a CCA request as suggested above. I had a response within the 12 days which stated

"IDR Finance UK Limited purchased your debt from MBNA....and as such we do not always hold this documentation. We have requested a copy of the agreement and most recent terms and conditions your account was operated under from MBNA...and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide."

Well this letter was dated the 8th October, and as I have not received any other correspondence I believe its time to send them a default letter.

Is this one by 42man the correct one to send or is there another template to use?

Cheers,

Trev

failure to comply letter

you really need to pointout to them#

too thats its against every rule in the book

to send speculative letters

hoping to spoof someone into paying

dx

Thanks dx.

Still no response from Link so I've stopped the payments. Where can I find the failure to comply letter, been searching through here but cant seem to locate it...

Cheers,

Trev

From The Library:

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

Ah brilliant, thanks ever so much. I've been searching through threads for links.

Bad news,

after sending in a failure to comply letter,

Link have provided a copy of a signature form, with the following under the title "credit agreement regulated by consumer credit act 1974".

But this first paragraph states "when processing your application".

So I'm assuming this is the the application form and not the signed credit agreement,

the form number appears to be DR04/04 with copy of the credit act T&Cs attached.

This has my old address on there.

They have also provided another credit card agreement which has my new address,

although this is not signed and page 1 seems to be missing.

I appreciate that I need to upload copies for full assessment

but I'm not able to do so tonight and this is playing on my mind...

Any help greatly appreciated.

Cheers,

Trev

Hi Guys,

Not sure if this is the right place but after some advice RE MBNA CCA.

After sending in a failure to comply letter,

Link have provided a copy of a signature form,

with the following under the title "credit agreement regulated by consumer credit act 1974".

But the text refers to the application process i.e. "when processing your application" at the end of the first paragraph.

So I'm assuming this is the signature part of the application form and not the signed credit agreement,

the form number appears to be DR04/04 with copy of the credit act T&Cs 1-3 attached on a separate sheet (form MB-101-F-02-04),

with T&Cs 4-19 on another separate sheets (although these T&Cs seem to be regarding the application process) document number MB 11/04.

The signature form has my old address on there.

They have also provided another document titled "Credit Card Agreement Regulated By The Consumer Credit Act 1974" which has my new address,

although this is not signed and has no dates etc. The document number in the bottom right corner is 2932 and page 1 seems to be missing.

I cant determine if I have been sent a true signed copy of the CCA or just a mixture of documentation from MBNA made to look like a a signed CCA?

I appreciate that I need to upload copies for full assessment but I'm not able to do so tonight and this is playing on my mind.

..do any of these form numbers mean anything to anybody?

I tried to access a link to MBNA documentation on this forum but I couldn't.

Any help would be greatly appreciated. I'll try to upload documentation as soon as possible.

Cheers,

Trev

P.S sorry for the long post

Thanks Dx, have moved it to the MBNA forum...

Hopefully get some advice, the more I'm reading the documentation the more I'm convinced this is just a mixture of documents made to look like a signed CCA.

Cheers,

Trev

oing from your other joint debts thread

i believe link show as the owner on your CRA file?

when was the card taken out?

has there eveer been a perriod of 6yrs whereby you never used/ack'ed the card?

have you all the statements?

dx

Yeah link show as the owner of the CRA.

The card was taken out in 2005.

We didn't miss a payment until Sept 2011, MBNA sold debt on with 9 months. Seems a bit eager to offload £13k of debt from customer who never missed payment before this...

No not got all statements as we switched to paperless billing, which also offered blind ignorance I'm ashamed to say...

What's the reasoning behind that? I've had PPI claim turned down...

Cheers,

Trev...

Hi Guys,

Here is a copy of the documentation that MBNA/LINK have sent me.

Is this an enforceable CCA?

Any advice would be greatly appreciated.

Cheers,

Trev

Hmm, there have been many successful cases where this tear off slip has been produced - mainly because MBNA have not been able to provide an accurate reconstruction of the rest of the paperwork.

You might want to have a read of Harrison v Link

Mr Harrison was the claimant in this instance as he had issued a claim against Link for harrassment of him and his family. Link decided to counterclaim for what they saw as their rightful due, having been assigned the account from MBNA. MBNA was then brought into the mix and their representative admitted that they did not have a proper document library until around 2009.

They produced several versions of what they claimed WAS the original document/terms etc.. however, Mr Harrison had actually kept a copy of ALL doucments/correspondence and the Judge agreed that what MBNA had produced was not compliant with the Act.

He won his claim, with the Judge issuing a damning indictment of the way Link/MBNA had hounded the Harrisons.

In order to fully comply with an s78 (CCA Request) the company is required to provide:

Copy or truthful reconstruction of the agreement

terms and conditions from both inception and at default

Statement of account.

Hope this helps.

MBNA are pulling out of the UK credit card market and are therefore offloading delinquent accounts and I think they are selling the profitable accounts to another provider.

Harrison v Link Financial Ltd ALL ER (2011).pdf

PPI answers the question as to why they sold it a bit too.

why did it fail?

me thinks more than wht you think is reclaimable too.

i'd expect link to offer a discount soon.

might be an idea to SAR MBNA before more of the data goes out of 6yrs window.

dx

Thanks everybody,

I will have a read of the Harrison case later. If we had the original paperwork would it be worth digging it out (my wife seems to think we still have it in a box in the attic).

Should I send Link a further letter i.e. the questionable agreement/application letter that is in the library? Do I need to resume payments to Link?

WRT the PPI claim, I sent in a completed questionnaire found on the FOS website to MBNA. MBNA came back and said that after investigation, no PPI had been applied to my account. If I was to send a SAR MBNA, would any PPI charges that may have been applied be shown in a charges breakdown?

Cheers,

Trev

yes ppi would show

however if you have the org agreement

they cant argue

dx

Great, I guess I'll have to see if I've got original documentation and SAR MBNA.

Shall I send the questionable agreement/application letter to LINK?

What about making payments, I've currently stopped paying Link.

Cheers,

Trev

yes i'd send the failure to comply leter.

and hold payments for now

dx

Is this an MBNA loan or credit card ? If a loan, the PPI will show on the agreement, if credit card, then the premiums will be identified on statements.. so might be worth having a look for those as well.

It's a credit card. I've not ticked the box on the application so if they've added it then they haven't got a leg to stand on. Be a bit annoyed if they have as they've already told me they hadn't!

Thanks everyone. Really appreciate all the help.

Trev

Ok, so if it isnt ticked on the application, but premiums are shown on the statements.. then you should really go to town .. not only for the 8% simple interest, but restitutionary as well.. at the rates they charged YOU !!

OK, I will get an SAR off to MBNA over the weekend and see what I can claim, if anything.

I've printed out a second failure to comply letter for LINK - shall get that in the post in the morning.

I'm just a bit nervous over the paperwork I've been supplied with already by LINK (as posted above). Does this look like a valid CCA?

What is LINK's likely response to this second failure to comply letter?

Cheers,

Trev

its an application form

when was the last time you paid anything on this?

dx

Thanks dx.

We last made a payment in October. We've put the held payments to one side just in case a CCA appears.

Cheers

Trev.