Hi everyone

I hope I've posted this in the correct forum as I'm back again just looking for advise and general pointing in the right direction.

I've received a letter (PDF attached) and presume at this stage all I can do is send a CCA request to Link?

Do I send a SAR to Link and MBNA or just to MBNA as they were the original creditor?

Regards

Suss

Link.pdf

you already sent MBNA an sar on your other MBNA PRA thread

when did you last pay Plink?

Hi DX

Thanks for the speedy reply.

(The MBNA PRA thread was a different card which was my wife's but it was easier to talk about it in the 1st person tense. I hope I didn't cause confusion or problems doing it like that?)

This one is mine and I checked my credit file on Equifax this morning and it shows that the card was taken out in 2002 and a default issued in July 2012.

I have a letter from Link dated the 8th October 2012 that they were "assigned" the debt on 26th September 2012.

I have "buried my head a bit" and haven't paid Link anything in that time.

I have had the odd letter from them and annual statements.

Suss

have you moved since taking this card out?

Yes

Moved to current address in 2006

Suss

but since then you've informed MBNA and or link of your new address in writing?

Yes, MBNA have been informed of my current address and there has been correspondence between myself and MBNA at this address before they sold it onto LINK.

Link have only written to me at my current address as this is the only place that I have lived at since I have had any dealings with them.

Suss

so your last payment or use could well have been several months before the default

so could be approaching the statute barred date

hence link wanting to spoof you into paying pretty quick.

no harm in ringing MBNA and asking last payment date

Hi DX

I haven't managed to ring MBNA yet but I have just checked my credit file on Experian and it shows AP (arrangement to pay) for most of 2011 and up to June 2012.

Last payment according to Experian was in May 2012 as the payment amount in June was £0.

The box for July 2012 has a D in it and status says Defaulted Account.

So, any advice on where to go from here if possible please?

Regards

Suss

is there a defaulted date in the debt summary

Yes there is.

It says Default Date 31/07/2012.

Suss

great so the account will vanish from your file on the defaults 6th birthday regardless

is this the only recent letter

The last thing I received from them was a "Statement Of Account" with a "Notice of Sums In Arrears" at the bottom of the page in September 2017.

Before that was the same but that was dated March 2017.

In February 2017 I had a letter saying that

"We have not written to you for some time as have had to validate your address" and they "Would like to speak to me" etc.

Then September 2016 I had another "Statement of Account".

Just looking through the paperwork I have from them

I seem to get a statement from them in March and September and a letter saying "please call us" in between the statements.

Suss

so plink up to there usual tricks

we have to validate your address...total BS just trying to entice you to talk on the phone which you should NEVER EVER do with a DCA

DCa's like link will threaten and intimate anything over the phone to frighten you into payment

that if they put in a letter they'd be struck off the register by the FCA etc.

all the statements/notice of default sums etc

are because they think they can charge you interest on this.

they cant I bet MBNA terminated the account before sale in? june 2012

so you've not paid plink anything

all the payments weer to MBNA direct

then when the sale happened the payments stopped.?

Nope. Nothing has been paid to Link and all payments were direct to MBNA.

The figure seems to be the same as what MBNA said it was when it was sold.

I think the account was terminated by MBNA in August 2012.

I got into financial difficulties before then and I think I was paying a reduced amount to MBNA before it went to Link.

so roll on next august then it'll be SB'd

Yes, that's what I was thinking too.

In the meantime as their letter states it will be passed onto Kearns Solicitors, what's my next move?

1 : Do I wait and see if it goes to Kearns and see what they do (issue court proceedings)?

2 : Do I SAR MBNA so I've got information if they do No.1?

3 : Do I CCA Link and see what I get from them (if anything) or do I leave the CCA until No.1?

Suss

kearns are just the next desk with a diff bloke in a diff coloured skirt

he uses the same printer and probably the same auto threat-o-gram PC .

SAR is a must get prepared.

I gather you've never responded to link ever?

dx

Hi DX and thanks for your reply.

I'll get a SAR off to MBNA.

I don't recall ever speaking to Link and I have no recollection of writing to them, so I am pretty sure that I have never responded to them.

I know I keep asking but do I CCA Link yet or wait and see what happens?

Suss

SAR mbna

cca hold

Thank you very much.

Hi all

I received the attached letter from Kearns on Saturday morning.

Just wondered where I should be going next?

Towards the end of the attached letter it says "Failure to respond within the stipulated period will result in Court proceedings being issued" so do I wait for a claim form to arrive (if they do send one) or do I send a CCA to either Link or this crew?

In the letter was a"reply form" which had different tick boxes if you admit the debt, dispute the debt or need more information about the debt etc. and also an income and expenditure form. I haven't attached these but I can if required.

I have sent a SAR to MBNA which has been received and signed for at their end so am waiting a response.

Thanks in advance

Suss.

Kearns.pdf

oh the new PAP

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

yes you now reply

and you CCA request them.

reply under PAP rules to kearns

sent plink the CCA request

DO NOT SIGN ANYTHING!!!

you do not need to fill in the I&E

reply to kearns using the pap form..

dispute

need more information

asking for any/all documentation they intent to rely upon should they issue a claim.

Signed Agreement

default notice

notice of assignment

full list of statements detailing how the balance has occurred

listing of all penalty charges/admin fees or any other fees levied by the original creditor and/or any debt collectors.

that have been added to this alleged debt.

...................

Hi DX

Thanks for your reply and the link above.

If I understand this correctly I now need to fill in the PAP form ticking boxes D and I disputing, needing more information etc

and also send a CCA Request (library template) off to Link?

Suss

as I wrote yes