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Link Financial have done a mass mailing of Default Notices re: assigned accounts.


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If you have already CCA'd them and they have defaulted, you can use the letter I posted earlier in the thread, if you haven't CCA'd them yet, you can use the letter from angry cat to put the debt into dispute and see if they can produce the relevant paperwork

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Link are notorious for circumnavigating the OFT guidelines...

 

Their Consumer Credit Licence needs to be brought into question!

 

Sending out a mass mailing to thousands of consumers, when clealy they have not even bothered to check the relevant details that appertain to each individual account; is hardly treating consumers, fairly.

 

Even if you have already made an s77/78 request to Link, there is nothing to stop you from making a further request, thus bring in the;

Consumer Protection from Unfair Trading Regulations 2008, which is now UK law.

 

I personally have had cause for many complaints about Link, this latest antic, in my view, is the last straw.

 

AC

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As previously stated they have sent me same DN, but on this occassion I got out ALL the letters concerning this debt from MBNA and when looking at them in order have found that MBNA have giving me conflicting information on interest rates when requested and must have broken many regulations and rules. I was never happy the way MBNA staff treated me on the phone (no proof) but now have plenty of written proof of their dodgy dealings of which I am at long last in a position to deal with accordingly now I am a member of this group.Will post a seperate thread when ready to procede for advice.Time to stand up and be counted I think.

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I found one too, Hurrah :D

 

Mine says I should meet at the factory gates at 10am and wait for Willy Wonka to show up!

 

By the way, and this bit's serious: Does the 12 day rule still apply? I read on here somewhere that it doesn't.... (I mean 12 days for the OC / DCA to supply CCA before dispute arises)

 

First person to answer gets a bottle of Double-bubble-burp-a-cola.

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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!

 

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!

 

AC

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Yes, yes, yes!!! I'm the proud owner of a 2nd DN from Link!!

 

Yesterday I posted here that I received a DN for an account that not even belongs to me (as proved to me by Link themselves by sending me a copy of the Credit Agreement: nothing related to me, not the signature, the name, or the address on the agreement).

 

Today I got the second DL, this time for an MBNA account that I indeed owe about 300 pounds, but for which I've got a repayment agreement with Link. However, for this account, they included a second sheet of paper (haven't got a scanner to upload it here), so I'll tell you what it says:

 

------------------

Dear Customer,

 

Thank you for your recent payment.

 

The enclosed default notice was sent as your agreement with MBNA Europe Bank had not been terminated; the default notice is a legal requirement before the agreement can be terminated.

 

Your current repayment agreement with us to clear your debt is still valid. Please do not stop making your agreed payments.

 

Your current repayment agreement with LINK Financial is not being terminated.

 

You should make your payment as normal this month to us.

 

Please accept our apologies if this has caused you any confusion as this was not our intention. If you have any questions do not hesitate to contact our office on FREEPHONE 0800 064 4499

 

LINK Financial.

-----------------

 

I checked all my dusted documents and I could not find a DL notice from MBNA, only threats that they would send me one (that was almost 2 years ago)... so maybe LINK can get away with sending me a DL notice now. And if I read this correctly, they do not expect a reply in this case.

 

Nevertheless, I will complain to them about the first DL I received for an account that I do not even hold. And I also plan to complain to the FOS / TS and OFT for that.

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That sounds like standard MBNA - lots of threats to default but no default notice ever issued. However if you check your credit file you'll find it's likely they did register a default around the time they were threatening to, possibly before whilst they were still sending letters threatening to. If so the 2nd default - an update by Link - is legally dubious.

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Tried the link to the agreement terms as given by angry_cat above and it does not work, as it appears that the webpage gets an id generated for each online query.

 

So, if you want to check the new MBNA terms (they are not the ones on my Credit Agreement) go to Apply Online – Personal or Business: Credit Cards | UK | MBNA , click the APPLY NOW button on the top for their Platinum Card; a new page will open where you can click on the top on "Terms & Conditions" and that will give you the full document of the terms & agreements.

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A default registered on a credit file does not prove that they issued a default notice, and vise versa - if a default is not showing on the credit file it does not mean that one was not issued. Magda

 

Correct but they shouldn't register a default without at least claiming to have issued a default notice and having some evidence of that (be it as little as a file note) or a letter of intent to file a default (legally questionable in itself).

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Angry Cat, Can you pls tell me a bit more about what to say to TS about what is wrong with this particular DN we all got?

 

 

The mass mailing of the DN's by Link, is a covert, scare tactic, bordering on harssment, to get consumers that are in dispute, to pay large amounts of money that, they cannot or, should not be asked to pay.

 

Clearly, none of the individual facts, of each individual case has been looked at by Link prior, to sending out these computer generated; Notices of Default.

 

The Notices of Default are innefective, in any case

Furthermore, if the original lender has already defaulted the accounts in question; it would be considered incorrect for Link to default the accounts again for various reasons...

 

A notice of default, precipitates the registering of the date of the default on the CRA files;

if accounts are continually defaulted, the date of the defaults would then be incorrect;

factually they could go on into perpetuity............

 

I sent they earlier email to Lambeth TS:-

 

"With reference to our recent telephone conversation today.

 

Please find attached a copy of the document as discussed that Link Financial sent me via TNT contract mail.

 

To reiterate, it has come to my attention that, Link Financial Limited sent similar documents via mass mailing to thousands of consumers.

 

I hope that you escalate this matter to the higher authority.

 

Kind regards".

 

I will draft out a letter that may help and post it up in the morning.

 

AC

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Correct but they shouldn't register a default without at least claiming to have issued a default notice and having some evidence of that (be it as little as a file note) or a letter of intent to file a default (legally questionable in itself).

 

Do not get confused about a 'Default Notice Served under section 87(1) of the CAA and

a default that shows on your credit files.

 

AC

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The mass mailing of the DN's by Link, is a covert, scare tactic, bordering on harssment, to get consumers that are in dispute, to pay large amounts of money that, they cannot or, should not be asked to pay.

 

Clearly, none of the individual facts, of each individual case has been looked at by Link prior, to sending out these computer generated; Notices of Default.

 

The Notices of Default are innefective, in any case

Furthermore, if the original lender has already defaulted the accounts in question; it would be considered incorrect for Link to default the accounts again for various reasons...

 

A notice of default, precipitates the registering of the date of the default on the CRA files;

if accounts are continually defaulted, the date of the defaults would then be incorrect;

factually they could go on into perpetuity............

 

I sent they earlier email to Lambeth TS:-

 

"With reference to our recent telephone conversation today.

 

Please find attached a copy of the document as discussed that Link Financial sent me via TNT contract mail.

 

To reiterate, it has come to my attention that, Link Financial Limited sent similar documents via mass mailing to thousands of consumers.

 

I hope that you escalate this matter to the higher authority.

 

Kind regards".

 

I will draft out a letter that may help and post it up in the morning.

 

AC

 

Hi I had contact with Lambeth TS last year when I reported LINK for their default on my CCA request. Unfortunately they were not interested and told me to go through my own TS here in Devon who were equally uninterested so it never went anywhere at the time.

The OFT also did not respond to my complaint apart from a standard letter of receipt.

 

But if you draft a letter I will be happy to try again and send one off as well regarding LINK's latest trick

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Hi I had contact with Lambeth TS last year when I reported LINK for their default on my CCA request. Unfortunately they were not interested and told me to go through my own TS here in Devon who were equally uninterested so it never went anywhere at the time.

The OFT also did not respond to my complaint apart from a standard letter of receipt.

 

But if you draft a letter I will be happy to try again and send one off as well regarding LINK's latest trick

 

 

 

 

Yes, I'll send one out too!!!

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Can any of you beautiful people answer this question?

 

 

I found one too, Hurrah :D

 

Mine says I should meet at the factory gates at 10am and wait for Willy Wonka to show up!

 

By the way, and this bit's serious: Does the 12 day rule still apply? I read on here somewhere that it doesn't.... (I mean 12 days for the OC / DCA to supply CCA before dispute arises)

 

First person to answer gets a bottle of Double-bubble-burp-a-cola.

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I got one too - we are popular! Also dated 25th September, received today, demanding payment by 9th October.

 

Phantom has agreed to let me use his letter....so it shall go off today.

 

I did receive a copy of an application form quite some time after the default period for a CCA - and never heard another word from them, until today. :eek:

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