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

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

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

How I wish!

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

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

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

Can I fax this to them as well as posting?

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

Bump, any thoughts? Thanks

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

amended

= amended

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

Bump.... sorry to bump so soon, but would appreciate any views/detail that might help this? Thanks Pandora

Hi, I had an MBNA cc - and to cut a long story short it was defaulted and sold to Link about two years ago. Neither Link nor MBNA can supply a properly executed copy of the CCA - Link sent a defective default notice back in October last year, and I now the pleasure of two defaults (one from MBNA and one from Link) on my credit reference files. Link have not been in touch since, and I can't believe that they are just waiting for the right time to start hounding me - they must know they have an unenforceable agreement. I could write to them both and insist one of the defaults is removed as I believe only one default can be registered for one debt, and then try to pursue them to write off the debt etc due to the unforceable agreement. My question is this: I am in a position (through careful money management and saving) to pay off the debt (deep down I really want to tell them to kiss it goodbye), but I need to move on in areas of my life, and need to move home very quickly. I am thinking about writing to MBNA (a without prejudice letter) reminding them that they have been unable to supply the CCA, that they have sold the debt on, etc, and that although they offered to repay £1000 worth of charges to me they actually haven't refunded this to me at all (I have not chased them for it either as I didn't want to raise the CCA question - ie how can we pay you if you are disputing the validity of the pathetic application we sent you?) I plan to make it an express condition of this offer that both they and Link must remove any data regarding me and the account from both their internal records and from the CRAs with immediate effect. I intend to give them 5 days to respond, with a confirmation that if they respond positively agreeing to my terms that I will pay them the amount offered within three days of their response. Although I feel pretty gutted to give up on the fight with them, I urgently need to change things in my life, so although I will have lost the morale victory on this one, it would enable me to move forward and the long term for me is more important personally. Does anyone have any ideas on whether the above is possible, would be accepted and is "do-able"? The amount I am intending to pay them is the whole of the debt minus the charges and interest. Also, does anyone have any advice/views on how to word this letter and what to put into it to make it as strong as possible? I would really appreciate any advice as I intend to post a letter to them either tomorrow or on Saturday. Thanks Pandora

I have at long last received payment from Amex - I shall be making my donation to this brilliant site tomorrow. Thanks to you all. :):)

Hello, I was wondering how you got on with this? I am considering doing exactly the same. Thanks Pandora

It would be very entertaining to send in the bailiffs..... the DJ did say if they didn't pay up then go back and see him, and he'd enforce it.... I didn't get a chance to phone the court today, but will be doing so on Monday. I am also writing to each of the CRA's with a copy of the judgement to let them know that they have to remove any defaults immediately - just in case Amex haven't managed to put pen to paper - I guess they're busy instructing Bracher's to make complete idiots of themselves.....

Brilliant news AlphaGeek - I am really, really pleased for you! You've done a fantastic job. Take care Pandora-nini xx

Sadly I am not back on the forum to make my donation - the payment from Amex was due by 4.00pm on 14th April...... I generously gave them a couple of extra days to allow for the Easter break / postal delays, but still no payment from Amex....... So I guess it will be a letter to Bracher's to remind them their client is now in breach of a court order..... or perhaps speak to the court tomorrow and see what they can do....

Sometime ago (about 2 yrs) I upgraded my contract phone in the Carphone Warehouse (I have a Vodafone contract), and agreed a further 12 month contract. After a few months I noticed that my dd was higher than normal (my mobile costs are pretty static every month). Checked my bills on line, and lo and behold, I am being charged extra for a text package that I did not ask for (and would not have agreed to as i don't send that many texts). Phoned Vodafone, they said that Carphone Warehouse are known for ticking extra boxes on their contracts (I believe they don't deal with each other now - but could be wrong) as they get commission on the extra's they "sell" you. Contacted CPW, advised to email/write, which I did, they emailed back and admitted it was an error in their branch, to send in copies of all my bills with the incorrect bundle added) and they would refund all the money - well I am still waiting. It comes to approx £100. I have decided to send them a LBA letter, and if I don't hear back within 7 days, I will start court proceedings. They are appalling and it is not good enough. Vodafone said they couldn't refund the money, so not sure how I stand as VF have had the money from me? Has anyone else had this type of issue with them, and had any success in getting their money back? Thanks Pandora_nini

Hello, I just thought I would stop by and wish you all the luck in the world! Interesting reading. It seems to me that Brachers just issue summons left right and centre in the hope that the shotgun approach produces judgements and therefore they appear successful in front of Amex! I can't offer much advice or help (I would be very worried about giving you the wrong advice:))- as in fact I only managed to get anywhere with the excellent advice of BRW, Monty and Slick, but I do wish you luck! If Brachers do want to settle before the hearing (as in my case) , and I used (with encouragement from aforementioned guardian angels) this to my advantage, including the agreement 5 mins before the hearing that any defaults would be removed as well as them reducing the balance on my card and paying me my counterclaim in full. They were keen to agree to it (after a phone call back to Amex), so if you do get settlement offers, don't give in until you get what you want including the default removal. Take care Pandora x

Thank you Angel, good luck to you too. Regards Pandora

One of the things the judge did say to me as we were leaving the courtroom was that if Amex didn't pay or remove the default to come back and see him, and he would enforce it - unless of course they go bust like the rest of America It really amazed me today as to how much they wanted to settle, so for anyone in a similar position to me, it really is worth it to continue to the end, they obviously really believed that they didn't have a leg to stand on? Just annoys me that they couldn't do the reasonable thing at the beginning and that they thought they could bully me. How many people who don't know about CAG get a summons and panic and then either ignore it, or don't know what to do and then lose, and suffer the consequences for years.