LINK - response to CCA request...

[sirpip]

Hi Everyone

 

I received this from Link this morning, in response to my CCA request... My inclination is to do nowt, but what do you think? IS there anything of interest here?

 

 

Dear Sir Pip,

 

OUR REFERENCE: 123456

ORIGINATOR: MBNA EUROPE BANK LIMITED

 

You have recently made a request under Section 77/78 for copies of various documents.

 

As you are aware LINK FINANCIAL purchased your debt from MBNA EUROPE BANK LIMITED on 18 April 2008 and as such we do not alway hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA EUROPE BANK LIMITED and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

Yours sincerely

[Guest forgottenone]

Not sure. But ... they appear to have *abused* misued your £1 fee to reduce your debt.

 

However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you

 

And that seems outrageous.

 

As you are aware LINK FINANCIAL purchased your debt from MBNA EUROPE BANK LIMITED on 18 April 2008 and as such we do not alway hold this documentation.

 

Also, isn't it specific in the CC Act what info they are obliged to supply? It's the terms and conditions you had when opened. Unless I am wrong.

 

Also, why does it take them 30 days to produce it?

[manchester1]

Sirpip, this is a standard link letter just file it away and lets wait to see what they come up with.

 

Manc1

[stikky62]

"No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you."

 

What a load of BS. They own the debt, they should produce the CCA and the £1 covers that. Them applying the £1 to reduce the debt is outragous because in effect that says you have acknowledeged the debt and it re-sets the 6 yr statute barred scenario.

[daviddd]

I've also requested a CCA.

Will be interesting to see Link's reply. They bought the debt from MBNA but the account I opened was ca. 1993 with Robert Fleming/Save & Prosper and their credit card accounts were taken over by MBNA some times in the mid-1990s.

Good to know what the standard first reply looks like.

 

I got a letter here in Slovakia dated June 16 saying they had lost contact with me. (Despite having a Royal Mail signature for a recorded delivery item of May 20!). Sent my CCA by DHL (arm and a leg but everything is souped up regarding confirmation. If Link are prepared to deny recorded delivery items, who knows what they'll get up to.

[pmhcfc]

Hi Everyone

 

I received this from Link this morning, in response to my CCA request... My inclination is to do nowt, but what do you think? IS there anything of interest here?

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you.

 

Yours sincerely

 

Well congrats to LINK for producing the biggest load of bowlarks I've yet heard from a DCA (And that's saying something) I'm wondering if they're trying to offset the 10's of thousands of pounds and the the thousand of man hours we are costing them asking for CCA's etc...

 

This letter would be straight to TS, FOS, FSA and OFT if they sent it to me. Tell them to read the rules and the laws - the cost is £1.00 for a CCA, end of. It's not your fault they didn't obtain the correct paperwork when they bought the debt for 5% of its face value....what a load of edit

[creditcardmug]

This is complete rubbish, as of may this year THEY are the creditor for the purposes of CCA requests, they may not use the fee to pay your account, they may not levy any further charges in respect of your request, this is the LAW

[sirpip]

Hi All,

 

Thanks for your comments, interesting and informed as usual. You might recall Link telling me...

 

"..we do not alway hold this documentation. We have requested a copy ... etc ... please be advised that this can take up to 30 days to provide".

 

Well, today is day 12, the postman's been and gone so they won't be complying. Is the account now in dispute? What do I do now? :idea:

[tinkerbell20]

Yes its in dispute.

 

You can either write and advise them of that fact - or you can lay doggo for a while...................

[42man]

They are now in default of your request, and are unable to legally enforce the debt at this stage. Let us know if you hear anything from them....if you want to be proactive then send them this...

 

Dear Sir/Madam

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[R B 1968]

Hi all,

 

I'm now about to CCA Link after nearly 12 months of battling with MBNA.

 

MBNA couldn't produce a CCA so I don't expect Link will manage one either !

 

If they (Link) are using the £1.00 fee to off-set against the balance (wrongly, yet resetting the stature barred clock !) then what do you think about me CCA'ing them, without enclosing the £1.00 fee ?

 

Could this possibly be an option, I wonder ?

 

Would this leave me wide open, or not - just a thought ?

 

Look forward to your thoughts................

 

R

[daviddd]

I just got the same letter from LINK regarding an MBNa account and a Marbles one.

 

On both my letters, I did NOT get the second paragraph about @no administration charge etc.'

 

I also submitted a formal complaint about them referring the debts to EOS in Slovakia where I live and EOS claiming 4000EUR more than quoted on the Link letters.

 

I also said I was sending a copy to their mamaging director Mr Paul D Burdell and quoted his home address which someone posted from their search on the web from a site that lists directors' addresses!

 

They'll have a problem with MBNA. My agreement was originally with Robert Fleming/Save & Prosper in 1992 or 3 and MBNA bought that company in the mid 90s...

 

I followed someone's advice and signed my letter over the following:

**--------#--------** so it can't be easily scanned/copied (as if anyone would even contemplate doing that!)

I've also said I will continue to pay Marbles and MBNA directly as a sign of good faith based on the % payments I've offered to other companies.

 

I sent the letter by DHL from Slovakia (nearly £30) but it's a belt and braces approach.

[ODC]

Hi all,

 

I'm now about to CCA Link after nearly 12 months of battling with MBNA.

 

MBNA couldn't produce a CCA so I don't expect Link will manage one either !

 

If they (Link) are using the £1.00 fee to off-set against the balance (wrongly, yet resetting the stature barred clock !) then what do you think about me CCA'ing them, without enclosing the £1.00 fee ?

 

Could this possibly be an option, I wonder ?

 

Would this leave me wide open, or not - just a thought ?

 

Look forward to your thoughts................

 

R

You made the £1 payment which is a Statutory Fee for the CCA. It is not an acknowledgement of any alleged debt and cannot be used to reset the Stat Barred clock. If Link or any other DCA want to use it to take off from the balance they think you may owe then thats entirely up to them. There is sufficient case law to stop them using it to reset the Stat Barred Clock.

[bjoh69]

hi,

i have received the very same letter from link word for word after i sent a cca request and that was also for an mbna agreement.what is the best thing to do in this situation just leave it or remind them the £ 1.00 fee was paid under sections 77/78 for the information and not to be taken off any account balance.

[ODC]

Its not your job to remind Link of their Legal Obligations under the CCA 1974. They are the alleged professionals and should as such be aware of their legal obligations. If they send any more begging letters then report them to TS

[sirpip]

Hi All,

 

Well, LINK have just sent a copy of a CCA on Day 49 !!

 

Now the thing is (apart from it taking them 7 weeks to come up with anything)....

 

The CCA is not for a debt which Link are chasing me for. This CCA, is for an account which is still with MBNA, for which I am paying MBNA an agreed monthly amount.

 

Clearly LINK have gone to MBNA for the CCA, MBNA have tried to oblige but sent the wrong agreement. As far as I'm concerned, Link still haven't provided me with what I've asked for and the account's still in dispute. So, what do you reckon............

 

1. Should I write to LINK saying 'thanks very much, but you've sent me something entirely irrelevant'?

 

2. Have they committed an offence by sending a document which they purport validates their claim?

 

3. Do you think it's significant that the letter they sent enclosing the CCA makes no request for payment? It simply says here is the document you requested, if you have any queries please don't hesitate to contact us... In a separate envelope, they sent a new budget planner/'make us an offer letter'.

 

4. And, should I be asking MBNA why they sent a document to Link which relates to an account that Link do not own?

 

BTW - I don't think the CCA is enforceable but I'm still inclined to carry on paying MBNA as much as I can afford in respect of this account. Although if it ends up with a DCA (Link), I shall be making a CCA request with some confidence.

[smt37]

Lol - classic.

 

Complain to the Information Commissioner immediately. MBNA have breached the DPA.

[sirpip]

Hi Everyone

 

Can anyone else offer an opinion on this :idea:

 

See 2 posts up

 

 

Thanks

[creditcardmug]

RE post 16,

1 Yes but dont say thankyou read them the riot act and say you will report them to everyone.

2 No

3 Ignore and reply re: 1

4 No stick with link, as its their problem now that you have made your CCA request to them.

[sirpip]

Hi Guys

 

It's now 9 weeks after my CCA request and Link still haven't sent me anything legit. A couple of weeks ago they sent a CCA but it related to an entirely separate account which is still with OC!

 

Today, they have kindly sent me a Default Notice (Served under Section 87(1) of the Consumer Credit Act 1974).

 

Now, I'm pretty sure they can't do this, because the account is in dispute? but no doubt they'll do it regardless

 

What should I do? Is there a (standard template) letter I should get off to them?

[Goldlady]

Subbing as I need to know this too. Have today received default notice from Link for a debt with no CCA from about two years ago originally with Lowells. I am minded to completely ignore them but am not happy about getting another default for same debt. Although I am not about to try and borrow any money from anyone...........

 

Had two run-ins on the phone today with banks - suspect they are under some pressure to get money in - can't think why:eek:

[sirpip]

Hi Goldlady,

 

Having re-read this thread, think the answer may have been there all along ?? See post no. 10 by 42man - I might just wang this letter off to them. Thoughts?

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

[Goldlady]

Indeed yes. I should have known that too, but that is what we both need to do. It has been a long time since I have had to write to any of my alleged creditors;)

[daviddd]

Link replied yesterday with a (true) copy of my MBNA CCA from 1999 (and a holding letter regarding my HFC/Marbles account which is apparently taking longer).

 

The very next day, I got another letter from LINK (a DEFAULT NOTICE under section 87(1) Consumer Credit Act 1974 stating that they require £5390 by Oct 9. They already received by recorded delivery in May an income/expenditure form,proof of income and copies were scanned and emailed to the international department in July when I was trying (and managed) to get EOS ( a debt collection agency) off my back in Slovakia.

 

I think this default notice is pretty petty and deliberate because of the CCA request. The international dept. said someone would contact me (they named an individual) to discuss a repayment plan. I have emailed the individual back, assuming she still works for them (high turnover of staff?!) and will not deal with them by phone. Fortunately me email system has a delivery recording feature which shows that it has been received. The saga continues....Quite surprised they found the original CCA from 1999 as MBNA took over the Save & Prosper/Robert Fleming credit card services at around that time.

[angry cat]

I have just made a formal complaint to Consumer Direct;

08454 04 05 06

 

Please phone the above number and complain; tell them what you have received! Tell them how many members that have received same!

 

I have also just spoken to the TS Home Authority (Lambeth) for Link Financial;

furthermore,, I have just emailed a copy of the ineffective covert Notice of Default that was sent to me by Link via TNT contract mail.

 

I suggest that you do the same;

Mr. Gardner

Trading Standards Service

2 Herne Hill Road

London

SE24 OAU

 

Consumers will not tolerate unfair practice!

 

Shame on you LINK!