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wotabunny

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  1. Hi I don't think you have a problem. If it is over six years since the default date of the debt and you have not in the meantime agreed that you owe them money the debt is unenforceble and if they pursue you could complain to the Office of Fair trading. Pursuing this type of debt the Office of Fair trading has ruled UNFAIR and if they persist they could lose the right to trade in financial matters. In any correspondance you should deny the debt or the six years runs from when you last acknowledge the debt. If you are worried send this letter to Link quoting any references they have given you. Dear Sirs With regard to your letter I do not acknowledge this debt. I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. I do require you to send me this within 10 days as under the Consumer Credit Act 1974 (sections 77-79), creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. It will be necessary for you to supply me with detailed statements from the date of any agreement as to ascertain if any of the charges levied are unlawful. Yours etc Send the £1.00 by postal order and have the postal order made payeable to Link and keep the receipt and a copy of the correspondance. NEVER talk to them on the phone ask them to put everything in writing. If they phone you up they will ask if its you - if you say yes- they will ask you to confirm date of birth etc - say no put everything in writing. See what response in writing you get.
  2. Hi Manc Looks beaut to me. If you send them money my gut instinct is that you should say. "I do not acknowledge any debt to you however as gesture of goodwill I am sending you £1.00 a month for the time being." They then cannot say you acknowledged the debt by paying them £1.00 month. If I am wrong can other people looking at this thread correct me Yours wotabunny
  3. Hi Roysta I think other people can advise you better than me. I suggest you post your request for help on the other threads with Link or MBNA in the name. Hopefully someone who really knows will help you. If nobody helps you in time come back to me and I'll give you my opinion but I am not legally qualified!! Wotabunny
  4. Hi Manc You need to read the postings on MBNA - LINK FINANCIAL as well. Some people who seem to know a lot more than me say I'm talking a load of rubbish - I suggest you ask advice from them.
  5. Hi, I'm pleased my experience is not the norm. Yep you choose the court but unless you are told otherwise you choose your local court and that doesnt mean your choice will give you justice. I'm now wishing I had chosen Hull. Anyway I'll leave you experts to advise and keep my mouth shut from now on..
  6. Talk to the National Debt helpline to quote a lady there. Without an agreement it is unenforceable but up and down the country judges are ignoring that!
  7. Link may not decide where a court case is held but as their barrister said to me -she is in court for them 4 times a week - they get to know the judges and could possibly plan their tactics accordingly. I could be wrong!
  8. Hi Manc You are on dangerous ground - I would resume your payments with a note that saying you do not acknowledge this is an legally enforceable debt but in case a court should rule that it is you are resuming your payments (and pay any arrears). Link have a new wheeze as they are not the creditor (only they have an interest in the debt ) they do not have to provide a CCA. This may?????? be legally correct but it is quite ludicrous. Its like me saying the prime minister owes me a £1m and I sell you an interest in the debt - you then sue the prime minister but you tell the court you don't have to prove the debt with a CCA because your not the creditor. If I were you I would request a CCA from MBNA double quick before Link get a chance to take you to court. Note I am not legally qualified and this is just my opinion
  9. Hi Folks This is how I think Links works. 1/ Firstly you should know they are one of the biggest and most successful debt collection companies in europe. 2/ Some say the reason they are so successful is that they are super efficient and always treat the debtor with sympathy and care.(what a joke!!!) If you read some of the pages on this site you might think somewhat differently. (and HOW!!) 3/ This super efficient company (another joke!!!)has been known to buy MBNA debts and then not pursue them for a number of years ( but under 6 years!!!) The logic behind this is simple if they go to court - they can say this debt is a very long time ago and is quite reasonable for them not to have detailed records and judges have been known to use their discretion in favour of Link. 4/ In my experience when it gets to court if you are appearing in front of a certain judge( perhaps not sympathetic to Link)they will just not turn up and the case is struck out for the time being........ 5/ One of my cases I appeared in front of a judge who proved not sympathetic to me but the case was adjourned to a different court. At the next court the Judge was sympathetic to me but SURPRISE SURPRISE Links chief witness failed to appear! Because the Link witness did not turn up the case was the adjourned to a third court where the judge was openly hostile to me and I felt I was railroaded through. 6/ You have to bear in mind Link do use a certain legal agency (K*****) in their court cases who have on their books very glamorous lady barristers! 8/ To get a good case you need to ask for a Consumer Credit agreement and a full detailed statement of every transaction - properly and legally from BOTH Link and MBNA. If their is anything missing you ask for it to be provided as credit card companies have been known to charge exorbitant and or illegal late payment and other charges which in my opinion should not be in enforceable under any circumstances. You send a POSTAL ORDER for £1.00 with the correct letter ( see National Debt helpline standard letters) to Link by recorded delivery . Do the same to MBNA. Keep the post office postal order receipts with the MBNA and LINK names on and keep copies of the letters. If the information is not provided seek advice before going to court. 9/ Some judges have been known to rule almost always in favour of Link as in my view they have the attitude - you borrowed the money you pay! There is a huge hole in this argument and that is that MBNA charged very high rates of interest. If you borrowed the same amount of money secured by a loan on your house it would have cost probably a third of the amount of interest. In my case I paid £12,000 of interest to MBNA over 12 years if I had got a 2nd mortgage on my home the interest would have been less than £4,000. Link are using the courts (which are paid for by the taxpayers) to convert these paperwork deficient debts into debts secured on property. Morally this is completely wrong and you should write to your MP and complain about it. PLEASE NOTE!!!!!! IF ENOUGH PEOPLE WRITE TO THEIR MP THEN THE LAW COULD BE CHANGED !!!
  10. Where would I find the Mccartney - dti letter?
  11. Hi Rhia - where would I find the Ian Mcartney - dti letter - it would be most useful cos I'm in court with link next week
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