Link's reply after receipt of my CCA letters

[bartezno1]

Hi all.

 

I have recently CCA'd Link Financial about two MBNA accounts they have bought.

Letters were only sent out middle of last week , so their replies were pretty quick.

I received the same letter for both accounts.

Just wanted to know everyones thoughts on the content and wording.

Also looks like they have used the £1 sent to go towards paying off the alleged debt which I thought was a no no!

 

Thanks and regards Bart.

 

(See link for copy of letter)

 

http://i32.photobucket.com/albums/d3/staffspeted/letters/Linkletterreplyeditedforupload.jpg

[pt2537]

Hi there

 

it is a little small, so i can read what they sent,

what you need to do is upload it into a hosting service such as Image hosting, free photo sharing & video sharing at Photobucket and then post a link to the page on here

[bartezno1]

Here is the letter again direct from being hosted on photobucket.

Regards

Bart

 

http://i32.photobucket.com/albums/d3/staffspeted/letters/Linkletterreplyeditedforupload.jpg

[benson05]

Hi,

 

Can just about see the copy. Think it is the standard one they send out whilst looking for agreements. States that they will but account on hold for fourteen days and asks what particular statments ect you require, also states that the original creditor may charge you for copies of statments. Got the same letter in Nov from link and got the agreement last week, so think that they actively do look for agreements.

 

Benson05

[bartezno1]

Thanks PT and Benson for your reply.

 

So where do you stand if it takes them 2 months to find the agreement?

I was under the understanding they had 12 days plus a month.

 

Also did you reply to their standard letter or just let them find the agreement for you?

 

Rgds

Bart

[pt2537]

What utter Ball Hooks,

 

they have to by law provide the documents in 12 working days,

 

it seems they dont understand how the Consumer Credit Act 1974 works

 

you dont need to tell them what statements you want, they have to provide a statement of account as set out in the CCA

 

i must admit ive come to expect this sort of thing from these people

 

regards

paul

[bartezno1]

Thanks PT thats what I thought!!!

[The GodMother]

I also thought that the £1 was to cover the cost of the CCA requestt including the statements etc.

 

The bit were they say any costs would be passed on to u is what l am concerned about.

[Brassed off]

The £1 is for the copy of the Agreement only.

 

The Statement of Account is entirely free. A Statement of Account would be a letter on the DCA's headed paper stating the initial amount with any charges they had made outlined on it. Not to be confused with copies of Bank Statements which would be sent to you after a S.A.R - (Subject Access Request) had been requested from the OC.

 

Subbing....

[bartezno1]

So would the advice to me be to just sit on this letter and wait for the statutary 12 days to pass , or should I contact them again.

 

It seems to me that they do not really understand what I sent them!

DCA' s and the law..you gotta love them!!

[robcag]

So would the advice to me be to just sit on this letter and wait for the statutary 12 days to pass , or should I contact them again.

 

It seems to me that they do not really understand what I sent them!

DCA' s and the law..you gotta love them!!

I received 2 broadly similar replies from Link when I CCA'd them about 3 months or so ago regarding 2 alleged MBNA debts.

 

I just filed them and didn't reply. So far I have heard nothing more from Link, although some people on here have recently received copies of unenforceable application forms after a similar length of time, so I am aware of the fact that Link may not have given up. I'll just bide my time and see what, if anything, they come up with.

 

I'm guessing it may be something to do with how forcefully worded the CCA request is (hopefully), as I laid it on a little bit!

 

Good luck

Rob

[bartezno1]

I'm guessing it may be something to do with how forcefully worded the CCA request is (hopefully), as I laid it on a little bit!

 

Good luck

Rob

 

Me too Rob , my letter was along these lines:-

 

Dear Sir/Madam

 

Re:-Account/Reference Number

 

I do NOT acknowledge ANY Debt to your Company.

 

I require you to supply the following documentation before I will correspond further on this matter:-

 

1. You must supply me with a true signed copy of the alleged Agreement you refer to. This is my right under your obligation to supply a copy of the Original Agreement under the legislation contained within Section.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a fully itemised Statement of Account.

I enclose a postal order for £1.00 in payment of the statutory fee. Postal order number xxxxxxxx.

This postal order is for no other purpose than mentioned in the above paragraph.

 

2. You must supply me with a signed true copy of the Deed of Assignment of the above referenced Agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original Creditor or not under Section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant Statutory Authorities.

 

As you are aware, a 'Credit Agreement' that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested

 

Please also take note of the following points:

 

* I will NOT deal with you over the telephone. Anything you have to say to me MUST be sent IN WRITING to my Home Address. If you ignore this instruction,I will not hesitate to seek legal advice about reporting you to OFCOM and submit a request to have your telephone lines disconnected.

 

* I will NOT accept Home Visits from Doorstep Collectors. Any such visit will result in me submitting a report to the relevant statutory Authorities, including but not withstanding:

* Your Local Trading Standards officer

* The Financial Services Ombudsman

* The Consumer Credit Association

 

Thank you for your assistance. I look forward to hearing from you as soon as possible.

 

Yours faithfully

 

 

xxxxxxxxx

 

 

 

I will do as you did and wait and see what they come up with.

[robcag]

Me too Rob , my letter was along these lines:-

 

Dear Sir/Madam

 

.........

 

Yours faithfully

 

 

xxxxxxxxx

 

 

 

I will do as you did and wait and see what they come up with.

I didn't send them as many kisses as you though (none in fact)!

 

Rob

[bartezno1]

she sounded nice lol!

[The GodMother]

lol

[ScarletPimpernel]

I note that Link are trying to get out of their obligations in another way, too. In their letter they say:

 

We have requested a copy of the agreement and the most recent terms and conditions

 

A request pursuant to s.77/78 of the CCA 1974 requires the provision of any doument referred to in the agreement - which means the original terms and conditions, not the latest. Link should know this, so they are clearly attempting to be deceitful and misleading, contrary to OFT guidance.

 

I stongly suspect that MBNA can't provide them, and you will get some specious waffle about how the latest T&Cs are provided in order to help you understand the current position.

[The GodMother]

SP

 

As we are more inteligant then MBNA/Link then l am sure one of us can point out there error.

 

TGM

[benson05]

Hi,

As I understand the law it means that if they take two months to find it-yes they have comitted an offence -however the debt becomes enforceable once again-and yes they didnt use my £1.00 either under the cca request they just took it off the account, which legally means in my case as I am on a DMP with twenty creditors technically Link using monies incorrectly which I have paid them predujices my other creditors, have been told off by my DMP company once before for this.

 

kind regards,

Benson

[pt2537]

Spot on, once they find the agreement and providing its enforceable they can restart enforcement activities again

[bartezno1]

Thanks to all for your replies , however its confused the hell out of me!!

Do I just sit and wait now and see what they send me?

[Brassed off]

In a nutshell Bart - yep

 

We were all confused initially, but keep reading the threads on the forums and it will become much clearer in time!

[bartezno1]

Ok, Links 12 days are now up , I have been more than generous giving them the two half days either side , and apart from their initial response highlighted earlier in the thread I have heard nothing.

Including Easter their 30 days expires on March 27th 2008.

I guess now its just its just a waiting game!

[robcag]

Ok, Links 12 days are now up , I have been more than generous giving them the two half days either side , and apart from their initial response highlighted earlier in the thread I have heard nothing.

Including Easter their 30 days expires on March 27th 2008.

I guess now its just its just a waiting game!

 

If their 12 days are up, then their 30 days will expire well before March 27 because the second period is counted in calendar days (not working days)

 

I too was confused by this when I first joined CAG and had to ask.

 

Rob

[bartezno1]

Thanks Rob:)