Hi all,

Been a while since I've been on here.

Have received a letter before action from Kearns on behalf of link financial for an old MBNA credit card debt.

The debt is circa 2007.

I haven't been chased on this or had any correspondence on this or made any payments on this for over 6 years for sure.

I have attached a copy of the letter.

Please advise course of action?

If I am honest, I have moved address and Link have recently chased me for another one and I feel they are phishing on this one as I basically disappeared for 6 years.

Letter attached for advice.

Thanks!

Send statute barred letter. They might not be aware of last payment date and might just issue a court claim in ignorance. Saves you time in dealing with a court claim.

Where can I find the template for this? Sorry it's been a while since I've been on here and can't seem to locate!

It's in the Library under Debt Collection. But please make sure that you have not acknowledged the debt nor paid any money into the account for a minimum of 6 years.

Best way to go about this by sending a CCA first? And if so, should I send to MBNA, link financial or Kearns?

Best way to go about this by sending a CCA first? And if so, should I send to MBNA, link financial or Kearns?

If you are sure about SB status then send that letter.

If not sure, send CCA.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?405-Debt-Collection

its aphishing trip - ignore

so you've had previous letters then?

dx

I've had previous letters from link before yes about an Egg loan.

This was stayed in court as they couldn't respond to CCA,

now they've started to send letters about it again,

as I have moved address I didn't respond because they were always phishing letters and nothing ever mentioned about the court case being reopened. It was stayed in around 2010 at an old address of mine.

Then out of nowhere, this one turns up, I need to double check but am 99.9% sure this MBNA is S/B so here is my dilemma.

Do I respond with either CCA or S/B OR do I ignore

because they've never ever had any confirmation of my new address from me or anyone.

I feel like they are trying to test the waters with this letter from Kearns to get me to react one way or the other.

My personal view is that you ignore a letter before action because you are not bothered about a court claim, as you can and will defend it.

But if you received a court claim,

you would send a CCA anyway,

so given that you are unsure about SB status,

you might decide to send the CCA now.

There is nothing stopping you mentining in the request letter that you believe the matter is statute barred and they should check when a last payment was received on the account.

Well, my problem here is that I then confirm to them that I do actually live at this address.

And they then come at me for other things too.

I can get the information I need on Monday that will confirm the last date of payment made on this particular debt as I was actually using payplan previously to manage it. So saving grace is I should be able.to get all info without contacting them.

What I don't want to do is have to interact with these tricksters if I don't have to.

I'm pretty sure it's phishing and that they know the game they're playing.

Trying to get me to come out of the woodwork so to speak.

Well that is better that them thinking you might live at your previous address due to no reply and they send the court claim to previous address, getting a default CCJ which you then have to try to set aside,

But if you can find out last payment date, do that first. You can't really hide, but don't give DCA's reason to get sneeky default CCJ's using an old address. They somehow can't trace you or get no reply, so they send court claim to previous address.

Ok fair point well made. I'll get the info I need Monday and take it from there.

Thanks for all of your help so far.

if this IS subject to an old stayed claim then that claim for SB purposes can be ignored

so SB will run from the last payment date BEFORE that stayed case, thus well more than 6yrs ago..

if its statute barred, then its rather a stupid idea sending a CCA request

as that's blowing your SB theory out the water

doesn't matter if the owner of the debt holds or not enforceable paperwork...its STILL SB'd!!

now as for running away from your previous creditors and not telling them where you are now

that's is very stupid too..

as you WILL get CCJ's to your old address EVEN IF the debts ARE SB'd as nothing would be checked and the judgement would be rubberstamped.

I can see you are old hat here and moved in a crowd that years ago advocated those types of silly things...not today thankfully.

With regards to point 1 + 2. Thanks, much appreciated.

Points 3+4 that's not exactly the case, but you make valid points and I see where you're coming from.

I'll have more info Monday and hopefully won't be as "stupid" anymore:)

Morning All,

This morning I have spoken with Payplan and obtained the information I need so that a decision can be made on the best way to move forward with this without speculating.

The fact IS - this is not S/B. The last payment date to Link Financial was 2nd June 2011. This would make the S/B date 3rd June 2017.

I Never once received a notice of assignment from MBNA, but I received a notice of assignment from Link in December 2008 informing me that they had been assigned this account.

I then forwarded this letter to Payplan whom were dealing with MBNA directly originally with an agreement and then changed the agreement over to Link Financial.

I have never CCA'd this or anything at all, so now I am unsure what to do and where to go on this.

Any advice would be appreciated as for the best thing to do.

Many thanks

BonM

If you don't confirm you are at a new address by responding, then in theory they could send a court claim to your previous address, as that would be in order. Unless it is forwarded onto you, then they would get a CCJ by default and no doubt chase to your new address.

If i had received a letter before action, i would have to think there was reasonable chance of a court claim being issued and i would not want the hassle in defending. I might therefore decide to send a CCA request to whoever owned the debt, with a copy to their Solicitors chasing. If they then can't get hold of the original CCA, they can really issue a court claim to enforce the debt. This is on the basis that the CCA was originally taken out before April 2007.

What do you mean that the CCA was originally taken out before April 2007?

I have not done a CCA on this account, so there would not have been a CCA previously. The Debt would definitely have been taken out 2006 - 2007 circa. But I do not know the exact date it was some time ago now.

SO, should I send the CCA request to Link and and copy reference to Kearns too? Is that the best way forward and wait to see what happens?

ok I have misunderstood.

I have now re read and see what you are saying.

Should I contact MBNA by phone and find out when I took out the original agreement before sending the CCA request to Link?

What difference would it make if I took out the agreement prior to April 2007?

Thanks

Bon M

The Consumer Credit Act was amended with effect from April 2007.

If the credit account with MBNA was taken out before April 2007, they need the original credit agreement you signed or a copy of it, to enforce the debt in court, IF you defended any claim.

If you took out the MBNA account after April 2007, they don't need the original agreement or a copy of it to enforce in court.

Send the CCA request to Link and send a copy to Kearns so they know you have made the request.

righth so we now know this is NOT the old EGG debt with the old failed court claim?

its an MBNA card they have acquired?

if this is the case

I would be sending a CCA request anyway

as it serves 2 purposes

puts them to strict proof

tells them of your new address

do that with any other debts that are in the same boat too!!

ok last piece of information.

The account was originally opened on 25th August 2006. So we know that unless I receive the original credit agreement, this is not enforceable?

@DX - yes this is MBNA.

I will send the CCA request, I will post up a copy of the letter I have drafted for review, just to make sure I have it correct, prior to sending.

Thanks guys for your help so far.

BonM

oh wow, I have just gone through my files and on the 15th April 2010 I had already sent a CCA to Link Financial regarding this. It turns out they have never responded.

I have posted below the letter I sent. Please let me know how I should proceed.

Dear Sir/Madam

Re:− Link Financial acc no deleted

[template removed] - dx

BonM

You could send Kearns a copy warning them that their client Link is still not in compliance with the CCA request sent in 2010 and that they should inform Link that they need to comply.

just sent plink another CCA request

don't worry about kearns

next bloke at the same desk in a diff coloured skirt

I am curious to know, if I send another CCA request.

Does this restart the 6 year process all over again,

given the fact that I sent the last CCA request 6 years and they did not respond, which is why I stopped paying them.

If it does, surely that is unfair, given that they didn't respond 6 years ago and I feel they are phishing and using this to try to get me to react. If you say I should send it anyway, I will. But I am curious as to know if it resets and the 6 years starts again from now?

Doesn't reset anything

You need to protect against a backdoor CCJ to an old address

As you have not told them it in writing

Ahh ok DX, so should I not put my address on the letter?.... How would they know where to send the CCA info (assuming they have it)

Sorry this is the part I am confused about. Could you help me understand how / when / under which circumstances would the 6 years start again then?

Thanks so much

BonM