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  1. Hi, yes the judge ordered them to remove the default, when I checked my credit files there was no entry at all for Amex - it is as if I never had any association with them. After winning the case, and eventually getting my charges back (in addition to wiping out the balance and removing the entries with the CRAs), I started getting letters from Amex and then from another DCA demanding payment of the balance that they had "wiped" out. I sent a very strong letter, quoting the details of the judgement and advising that I would sue for harrassment if I heard from them again - I have not heard from them since, but knowing Amex, I expect they will try again, if only because they are utterly inefficient. Good luck with your case, if you would like any more info, then let me know. Regards Pandora
  2. BRW, hope you've had a good Sunday - if I send a second letter with the first outlining my claim, would this be a Letter Before Action letter? I guess I would include: CCA requested, not received (quoting Consumer Credit Act details) No default notice (quoting compliance with S87 etc) Notice of assignment etc? It is so very important to me to get this resolved really, really quickly - I have dropped the offer down to 40% of debt (incl charges), anticipating they will come back to me with a thanks but no thanks, but this might give me some negotiating power in that if they want more then they have to remove the defaults. I still feel I have better chance of approaching MBNA - I have heard of DCA's handing unenforceable debts back. Link are so rubbish that even if they agreed to something they probably wouldn't stick to it..... I know that your advice is to send it to Link, and I really do respect your opinions, but I think MBNA won't remove their default if I don't involve them in this "discussion". Thanks Pandora
  3. Hi Slick, yes let's hope so, I shall be sending them a copy and and will also warn of an impending complaint should they trouble me again.... I'll send it off on Monday, and will post up any response from them when I get it. Has anyone else had this nonsense from them? Thanks Pandora
  4. Also, if they have not served the notice of assignment correctly, then it seems from what I have read that they are obliged to send me a Notice of Assignment, which should have been sent by recorded delivery in order for it to be deemed served correctly. Without a correctly served Notice of Assignment, the sale is not “perfected” in law according to the Law of Property Act and the new “owner” therefore has no right of action. I may not be understanding this correctly (highly likely) then even if they "think" they have sold the debt to Link in actual fact it has not been done so correctly and Link therefore has no right of action...... They did not write to me at all to let me know they had assigned the debt and certainly nothing turned up in my SAR, let alone doing it properly. Thanks Pandora
  5. Hello BRW - how are you? Thank you for taking the time to respond.... Yes, I am stuck with Link, and although I don't want to get into discussions with them - I shudder at the thought - I was thinking along the lines of: if I approached MBNA, there may be enough money in it (my reason for offering them more than say 30%) for them to take the debt back and resolve it that way. I do take on board though that they have sold it on and claimed tax relief on the remainder. The key thing for me is that I actually get the defaults from both of them removed quickly! To be honest I could fight them on the lack of CCA and incorrectly executed default notices, etc, but that would take way too long - I don't have the time to do this - so going this way is a bit of a bitter pill for me in that I would lose the morale argument, but for my next step in life it would be a positive thing. Hope you're well. Take care Pandora
  6. Thanks Diamondgirl, it really helps to have someone else's perspective on it. I will definitely add in the "good faith" bit. I take your point about offering a lower amount, and I think this is a sensible thing to do. The amount I am proposing is lower than the actual debt as I have taken off the charges and interest. I am keen to resolve this really really quickly which is why I have offered the amount of the debt less charges - the key for me is to get them to both remove the defaults and actually any reference on my credit file (got this done with Amex but had to go all the way to court). I felt with a higher offer there would be more success of achieving the default removal. I also wondered if MBNA were going to get a large proportion of the debt back if they would take the account back from Link? Who knows... ! Anyway, really do appreciate the time you've taken to read the letter! Thanks Pandora
  7. Just as I thought this was fully sorted out - I received a letter today from the Director of Collections no less, requesting payment of the account and offering a settlement:-o..... maybe I should just return their letter with a copy of the court order!!!! Any thoughts on this? The CRA's no longer have any data regarding Amex on my files, I have received the money agreed to in court, what can Amex do now? Thanks Pandora
  8. I am a bit worried that a) MBNA will tell me to get lost - even though it's pretty much for the whole debt less charges - as they've sold it to Link and refuse to remove the defaults, and b) Link will be straight on the phone/start court proceedings once they have a sniff that I have a bit of money and refuse to remove the defaults Would they be sensible and recognise it as a great offer, or refuse it just to spite me? Knowing these two, it would be the latter! If MBNA share this letter with Link, which they probably will do, and Link went to court, could they submit this letter as evidence, or would it still be subject to "Without Prejudice", etc, etc Thanks Pandora x
  9. I don't have a termination letter in my file, and I don't think it turned up in my SAR - I would have to double check. They have definitely moved/sold the account to Link, which I guess they sold at a discount, I thought I might have more luck approaching them if they were going to get pretty much all their money back. Thanks for coming back to me, I do appreciate it. Pandora
  10. Bump.... sorry to bump so soon, but would appreciate any views/detail that might help this? Thanks Pandora
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