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

[The Phantom]

Well,

 

Link Financial's Home Authority Trading Stndards are keeping an eye on this thread and I have been assured that they are going to speak to the OFT today, to highlight the concerns involved.

 

AC

That's encouraging !

[angry cat]

Let us all hope so!

 

Love

AC

[Trekrider]

My wife also received one of these DNs today (3rd October). It's dated 24 September and refers to an Assignment date of 20th February. The repayment date is 8th October.

 

Our situation is somewhat different though - we don't live in the UK! The letter was sent to a correspondence address in the UK that my wife used for a mail order company - that company was the only one to which the address was given. She had no dispute with the mail order company and doesn't owe them anything and was never behind on payments. The letter was kindly forwarded to my wife from the UK address.

 

When we got into difficulty over a year ago my wife wrote to MBNA and asked for reduced payments and no interest charges, she also gave them an address for us here. MBNA never responded to her request but did send her the usual 'you must make an immediate payment' letter. My wife then sent them a letter complaining that they had not responded to her first letter - again they didn't reply to her letter and simply sent her a letter stating the effect of registering a default saying the debt will be sold..... She had nothing further from MBNA but they did make mention of her debt in email correspondence with me (I also had an MBNA card) they refused all of our offers and eventually sent me a letter to say my debt had been sold to Link. I'm guessing MBNA broke some law by discussing my wife's account with me? Up until the time MBNA wrote to tell me my debt had been sold to link we had been making the payments we had offered - once they sent that letter we stopped paying them.

 

Link have never contacted me and, to date, I haven't had one of these mass mailed DNs! Perhaps being overseas I'm simply too much trouble?

 

I don't know how Link would have got the UK address - have they breached any regulations by writing to her at that address?

 

Back to the DN - should my wife submit a CCA request to Link? I'm sure we could just ignore the DN but we don't want Link bothering our friends in the UK.

 

Trekrider

[The Phantom]

My wife also received one of these DNs today (3rd October). It's dated 24 September and refers to an Assignment date of 20th February. The repayment date is 8th October.

 

Our situation is somewhat different though - we don't live in the UK! The letter was sent to a correspondence address in the UK that my wife used for a mail order company - that company was the only one to which the address was given. She had no dispute with the mail order company and doesn't owe them anything and was never behind on payments. The letter was kindly forwarded to my wife from the UK address.

 

When we got into difficulty over a year ago my wife wrote to MBNA and asked for reduced payments and no interest charges, she also gave them an address for us here. MBNA never responded to her request but did send her the usual 'you must make an immediate payment' letter. My wife then sent them a letter complaining that they had not responded to her first letter - again they didn't reply to her letter and simply sent her a letter stating the effect of registering a default saying the debt will be sold..... She had nothing further from MBNA but they did make mention of her debt in email correspondence with me (I also had an MBNA card) they refused all of our offers and eventually sent me a letter to say my debt had been sold to Link. I'm guessing MBNA broke some law by discussing my wife's account with me? Up until the time MBNA wrote to tell me my debt had been sold to link we had been making the payments we had offered - once they sent that letter we stopped paying them.

 

Link have never contacted me and, to date, I haven't had one of these mass mailed DNs! Perhaps being overseas I'm simply too much trouble?

 

I don't know how Link would have got the UK address - have they breached any regulations by writing to her at that address?

 

Back to the DN - should my wife submit a CCA request to Link? I'm sure we could just ignore the DN but we don't want Link bothering our friends in the UK.

 

Trekrider

I don't want to lean too far out the window here, but I doubt they would come after you in Australia, I don't know how much you owe, but to chase a debt outside the UK it must be worth the effort from the amount. However, if you ever return to the UK, you may have a CCJ registered against you. Depends if you plan to ever return I guess.

When my sister went to the USA she never heard a dickie bird from any of her creditors in the UK, it never made any difference to her credit history in the US and that is now almost 10 years ago that she left

Why don't you send them a picture postcard from beautiful Perth with Angry Cat's shortened version above ?

[Trekrider]

I don't want to lean too far out the window here, but I doubt they would come after you in Australia, I don't know how much you owe, but to chase a debt outside the UK it must be worth the effort from the amount. However, if you ever return to the UK, you may have a CCJ registered against you. Depends if you plan to ever return I guess.

When my sister went to the USA she never heard a dickie bird from any of her creditors in the UK, it never made any difference to her credit history in the US and that is now almost 10 years ago that she left

Why don't you send them a picture postcard from beautiful Perth with Angry Cat's shortened version above ?

We don't plan to return to the UK so no problem there, also. like the USA, your credit rating in the UK has no relevance in Oz:)

 

We could get our friends to put any mail back in the post with 'Not at this address' on it but we don't know if the letter from Link has a return address on the outside as we don't have the original envelope - can anyone who had one of these letters tell me if it does?

[tyra]

Hi I got one of their DN dated 25/09/08 too, to pay by 9/10/08 signed by Selina Burdell.....

 

MBNA hadnt defaulted me as far as I know...

[mekkleman]

I have just returned from living abroad and link contacted me with a request for payment of a debt from 1995,which we believed was paid up before i left in 2000 i also believe they took court action but I have never been contacted by anyone to say my debt has been sold on to link, i have never had any contact with anyone regarding this until link wrote to me last month threatening alsorts of legal action and harassing my wife on telephone(i work away).The only people to have this address for me are my bank.Are they allowed to give my address to just anyone??

[paying_citi_back]

We don't plan to return to the UK so no problem there, also. like the USA, your credit rating in the UK has no relevance in Oz:)

 

We could get our friends to put any mail back in the post with 'Not at this address' on it but we don't know if the letter from Link has a return address on the outside as we don't have the original envelope - can anyone who had one of these letters tell me if it does?

 

PO BOX Number on back of envelope

 

or Camelford House

87 to 90

Albert Embankment

London

SE1 7TP

This there real Home...

Good Luck

[Trekrider]

PO BOX Number on back of envelope

 

or Camelford House

87 to 90

Albert Embankment

London

SE1 7TP

This there real Home...

Good Luck

Great, thanks for that.

[The Phantom]

Trekrider, I am pretty sure my envelope had a return address on it, but I binned it and just kept the DN so can't check now.

 

I think I would simply do what you have suggested, return to sender, address unknown and forget about it.

If they ever contact one of your friends I am sure they will remember you said something about emigrating to Argentinia, Buenos Aires to be specific and leave it as that. Unfortunately you didn't give them the exact address in Buenos Aires....and they can't recall any more details about it as it was a while ago....

[angry cat]

They were all sent out via TNT post;

The return address on the back of envelope is;

PO Box 30095

London

SE1 7WU.

[angry cat]

Here are some lovely photos of LINK et al having fun at the

Grosvenor House Hotel

Park Lane,

London

W1

 

Take the time to look through all the lovely photoshots, right to the very end;

starting with 2007 and,

then continuing through May 2008;

All of this merriment was sponsored by LINK; lots of bubbly!!

 

Note, Link Financial state on these award ceremonies that their headquarters are in Ireland!

 

address:

Blanchardown

Dublin 15

Eire

 

http://www.credittoday.co.uk/CTAwardsSUPP_Jul07.pdf

 

Perhaps we will al get an invite to the Christmas Party?

 

Enjoy...

 

AC

[The Phantom]

I have just returned from living abroad and link contacted me with a request for payment of a debt from 1995,which we believed was paid up before i left in 2000 i also believe they took court action but I have never been contacted by anyone to say my debt has been sold on to link, i have never had any contact with anyone regarding this until link wrote to me last month threatening alsorts of legal action and harassing my wife on telephone(i work away).The only people to have this address for me are my bank.Are they allowed to give my address to just anyone??

Good lord, would that not be statute barred by now ? I thought debts become Statute Barred after 6 years ?

[Jeff2000]

Good lord, would that not be statute barred by now ? I thought debts become Statute Barred after 6 years ?

 

 

 

 

 

mekkleman believes it is possible that a CCJ has already been obtained!

[Goldlady]

Just been going through the pile of ignore letters and found one from Link dated about a month ago regarding the same alleged debt they have now sent me the 'new' letter about. In the previous letter they say:

 

Unfortunately at this time we are unable to supply you with a copy of your agreement at this time however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is an accurate reflection of how the account has been paid. The Information Commissioner's Office have also made it clear that if a default on a credit file 'accurately reflects the payments on the account' then the fourth principle of the DPA 1998 has been complied with and therefore the continuation of reporting the account is acceptable. Blah Blah Blah.

 

They go on to say that payments I have made in the past prove the agreement exists etc.

 

But my concern, as I posted earlier, is whether they intend to continue issuing defaults for the rest of forever - as could be inferred from the above.

[andrew1]

Can someone lay their hands on the deed of assignment between MBNA and Link on these bundle of accounts sold and check it to make sure it is regulated according to UK law not Irish? We in the Cabot Fan Club found a whole batch MBNA tried to con the courts with ( or Cabot did actually) which were all based upon Irish law and therefore could not be legislated against in the UK. It's a document about 40 pages long, but as always, the devils in the detail. Great fun watching the claimants solicitors run from the court by the judge, that's why we call them the Hodsons fools !!

 

Sarah

[The Phantom]

Just been going through the pile of ignore letters and found one from Link dated about a month ago regarding the same alleged debt they have now sent me the 'new' letter about. In the previous letter they say:

 

Unfortunately at this time we are unable to supply you with a copy of your agreement at this time however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is an accurate reflection of how the account has been paid. The Information Commissioner's Office have also made it clear that if a default on a credit file 'accurately reflects the payments on the account' then the fourth principle of the Data Protection Act 1998 has been complied with and therefore the continuation of reporting the account is acceptable. Blah Blah Blah.

 

They go on to say that payments I have made in the past prove the agreement exists etc.

 

But my concern, as I posted earlier, is whether they intend to continue issuing defaults for the rest of forever - as could be inferred from the above.

 

Did you have a read here for more ideas

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal-new-post.html

[angry cat]

I have just been chatting to a friend on the phone and...

Guess what?

 

He has just received one of the imfamous Link Default Notices sent by TNT post. Actually, he was quite astonished by this correspondence as he has a complaint lodged with MBNA "ACCOUNT IN DISPUTE" re; the mis-selling of PPI and non compliance of his SAR.

 

AC

[The Phantom]

I have just been chatting to a friend on the phone and...

Guess what?

 

He has just received one of the imfamous Link Default Notices sent by TNT post. Actually, he was quite astonished by this correspondence as he has a complaint lodged with MBNA "ACCOUNT IN DISPUTE" re; the mis-selling of PPI and non compliance of his S.A.R - (Subject Access Request).

 

AC

 

MBNA would still have sold the debt. They did in my case. They were in default with the account in dispute and still sold it. As we discussed earlier, as there is no enforcement action from the regulators, the companies do as they please really.

[angry cat]

Sorry, I should have added that his account had already been defaulted by MBNA!

 

So, now he is thinking the same as the rest of us;

How can Link default the account again, when it has already been defaulted...?

 

AC

Edited October 4, 2008 by angry cat
erro

[The Phantom]

Sorry, I should have added that his account had already been defaulted by MBNA!

 

So, now he is thinking the same as the rest of us;

How can Link default the account again, when it has already been defaulted...?

 

AC

 

Well, because nobody stops them or makes them answer for their actions.

They do as they please as the regulators don't care and Link knows that

 

They sent the DN to intimidate people or scare people into paying. Whether these DNs were issued properly is not their concern. What do they care. And that is their attitude. If 10% of the people who have received thse DNs pay up they probably consider it mission accomplished

[harlequin10]

Hi

 

May 2004 MBNA send me a letter entitled Important Default Notification stating that 'failure to bring the account up to date will result in the issue of a Notice of Default'.

 

July 2004 another letterfrom MBNA stating that 'a default is due to regiser for six years on your credit file in the next few days in relation to the above account. When the default is registered the balance on your account will be sold to a third party.'

It then states that:

'the default registered against you will be transferred into the name of the purchaser'.

 

October 2004 I receive a letter from MBNA stating that 'Your outstanding balance has been sold to Link Financial -Lin'.

 

I have a Default showing on my credit file from MBNA dated October 2004.

 

I never actually received a Default Notice from MBNA just lots of threats does this mean that Link are now allowed to issue me with a default?

 

I am trying to clear my credit file and really don't want a 2008 Default.

[A+]

yep i have one too! arrived in past week or so. Suggest they have probably just done another mass mailing, its almost like a sales letter, i bet they get a pretty much guaranteed 'response' rate, i.e. INCOME from these mailshots.

[MAGDA]

Hi

 

May 2004 MBNA send me a letter entitled Important Default Notification stating that 'failure to bring the account up to date will result in the issue of a Notice of Default'.

 

July 2004 another letterfrom MBNA stating that 'a default is due to regiser for six years on your credit file in the next few days in relation to the above account. When the default is registered the balance on your account will be sold to a third party.'

It then states that:

'the default registered against you will be transferred into the name of the purchaser'.

 

October 2004 I receive a letter from MBNA stating that 'Your outstanding balance has been sold to Link Financial -Lin'.

 

I have a Default showing on my credit file from MBNA dated October 2004.

 

I never actually received a Default Notice from MBNA just lots of threats does this mean that Link are now allowed to issue me with a default?

 

I am trying to clear my credit file and really don't want a 2008 Default.

 

It's as we were discussing earlier. If MBNA did not issue a DN, and it seems that they probably didn't, and the only proof of any default appears to be the one showing on your credit file (which as AC mentioned, is not the same as a Notice of Default), then the contract between you and MBNA (IMO) was not terminated, so therefore, they should not have had the right to assign the debt. If however, a default notice was issued by MBNA, then Link cannot default you again. Perhaps you should send a S.A.R - (Subject Access Request) request to MBNA and see if a DN turns up among the paperwork. I think that perhaps this whole issue of whether we were actually defaulted correctly by the OC is quite important, as it seems on many occasions they sell the debt on without formally ending the agreement, which should in effect render the debt unenforceable. Magda

Edited October 4, 2008 by MAGDA
added to text

[angry cat]

I am just about to burst a blood vessel...seething!

 

Please read the technical guidance fron the ICO re; Defaults:

in particular 42-45 & 52-54:

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

I can only speak for myself but my DISPUTED account was defaulted three times by MBNA. The first one, (whilst I was in DISPUTE) MBNA failed to send out a default notice, when I complained they hurredly sent out a generic template copy with no details; it could have related to anyone; they could not supply me with proof of posting.

The second one (still in Dispute) was a year later; ineffective but recorded on my CRA file.

The third one (still in Dispute) was a year later; ineffective;

all three stated that the account would be terminated on the dates specified.

 

According to the technical ICO guidance an account can only be defaulted once; the date and amount have to be correct. The details of an default can only remain on a CRA file for 6 years.

 

So, we have a situation now where I have been informed by Link Financial Limited that, they will default my account again; 7 October 2008 and terminate it on or after 7 October 2008; I take that to mean 30 days after the date of their intended default= 7 November 2008.

 

I take the view, that they have not only breached the DPA, but also the Consumer Protection from Unfair Trading Regulations 2008; regulations 3, 5 and 7, and their own Code of Conduct Practice.

 

AC