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LINK - response to CCA request...


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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.

 

David i would be amazed if a CCA way back from 1999 is enforceable and contains all the Prescribed terms. Can you scan it and post it up. How long is it since you made a payment on it.

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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.

 

I don't think Link are picking on you with the Default Notice. If you read around it appears they sent a ton of them out around 25/9 regardless of whether they were in default under CCA or not. Looks like they have a plan.

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I have also just made a formal complaint to Consumer Direct;

08454 04 05 06

 

They were very interested and it proved a good punchbag to vent my sleen on!

 

They advised sending off the harrassment letter and threat of legal action if harrassment does not stop.

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Thanks for your reply ODC.

 

I will attempt to scan and upload it here, though the copy I have is of poorish quality already.

Actually, your reply prompted me to examine it more closely.

 

It is basically a copy of the credit card application form-

12 sections, 1.name, 2. card request, 3. personal details, 4. home status (tenant/mortagee), 5. employment, 6 current income/pensions, 7. other borrowings, 8. security name [mother's maiden name], 9. additional cardholder, 10.bank details, 11.payment protection cover, 12. principal cardholder's request and declaration, then my signature.

 

On the reverse, and slightly strangely, there is a photocopy which occupies only the bottom third of the page (the rest is blank)

It is headed

FINANCIAL AND RELATED CONDITIONS.

It is barely decipherable in its current form.

Example of provision:

3. Within 28 days after the relevant statement date, you must make either the minimum payment shown on the statement or any larger payment chosen by you, unless we offer a payment holiday under condition......

 

Hope this gives enough info.....

Appreciate any advice.

I have stable payment plans with HBOS, Metropolitan, et al.

LINK is the only fly in the ointment

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Hi David

 

Firstly, I suggest that you get rid of all of the personal details including the Link reference number at the top of the document as they can be known to lurk on these forums.

 

To me the documents look like they DONT belong to each other ie. they are not the front and back of the same document, therefore I would say that it is not enforceable as everything that is required in not contained in the one document.

 

That is just my opinion which I hope that someone with more knowledge can confirm.

It's all fun and games until someone loses an eye :D

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