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    • HI DX Yes check it every month , after I reinstated the second DD I was checking every week. Also checked my bank statements and each payment has cleared. When responding to the court claim does it need to be in spefic terms ? Or laid out in a certain format? Or is it just a case of putting down in writing how I have expained it on CAG?
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    • You have of course checked the car is now taxed and the £68 is stated against  the same reg?  If the tax for the same car did over lap, then I can't see you having an issue pleading not guilty Dx
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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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MBNA sold my account to Link Financial-Lin


notlam
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Thanks

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Hello Nathal and Notlam,

 

What ever happened to your cases. I would be very interested to know as I have had a debt from MBNA recently bought by Link. Any info you have would be appreciated.

 

Thanks in advance, Jeff.

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Thanks. This is what the CCCS has advised me today:

Hello XXXX,

If MBNA have sold the debt to Link then they have the legal right to this debt.

 

In order for this to have happened, MNBA at some point would have had to issue you out a Default Notice. This advises you that the original offer with them has been breached and broken and that further action can be taken against you.

 

This is common practise by most creditors and this is the procedure they will have to follow. Without a Default Notice, MBNA would not have been able to sell the debt to Link. I would advise you to check your records to see if you have been issued a Default, this is also highlighted on your Credit Report if you are unable to find the paper copy.

As per your instructions, I will make a notes that no payments are to be made to Link at this moment in time until we have heard from you.

Hope this is ok. If you require any further information or advise, please feel free to contact us again

 

Regards XXXX

 

Apart from one letter a few months ago (April) from MBNA saying "by not making the minimum monthly payment this could lead to me being in Default, MBNA never actually said they would default me.

 

Seeing as we've now been in dispute, with letters going back and forth between Andrew Tweddle, Matthew McGrath and Steve Bailey all at MBNA and me, since it seems to me their lefthand doesnt know what their righthand is saying and doing. It seems they've been a bit hasty too if they have defaulted me while in dispute.

 

I have sent a £2 checque off today to request a Credit Check from Equifax.

 

I am very interested in your post actually! MBNA "defaulted" us via an email we didn't receive, lied about phoning us and sending it to my work address and then didn't send a hard copy - see my thread MBNA Nightmare! for more info - and then some!!!! They then sold it to a DCA, namely Arrow Global.

 

I have CCA'd both the DCA and their solicitor and as of today, they have both breached this.

 

I am now prepared for a battle. I am serving a Section 85 default notice to MBNA and can't wait for them to try and defend their reprehensible behaviour!

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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  • 1 year later...
I am very interested in your post actually! MBNA "defaulted" us via an email we didn't receive, lied about phoning us and sending it to my work address and then didn't send a hard copy - see my thread MBNA Nightmare! for more info - and then some!!!! They then sold it to a DCA, namely Arrow Global.

 

I have CCA'd both the DCA and their solicitor and as of today, they have both breached this.

 

I am now prepared for a battle. I am serving a Section 85 default notice to MBNA and can't wait for them to try and defend their reprehensible behaviour!

=========================================================

 

I have a debt with MBNA of just over £6k which, apparently has been sold on to Link Financial-Lin. I have CCA'd Link and so far they have come back to me stating that in order to provide a statement of account they may have to charge me. I have largely ignored this as I feel they are likely to breach both 12 and 30 day deadlines for production of documents.

 

What is a Section 85 default notice ?

 

I am interested in what action I can take if Link breach all CCA deadlines and are consequently committing a summary criminal offence.

 

Regards,

Stupot59

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Hello Stupot59!

 

I'd advise starting your own Thread in the MBNA Section, as this is a very old Thread, and it would be wise to start afresh in a New Thread of your own that will then get everyone's full attention.

 

Just go to the MBNA Section, and start a New Thread there.

 

I hope this helps.

 

Cheers,

BRW

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  • 4 weeks later...

I have 7 creditors 6 have been very accomodating responding to letters etc... BUT Link who bought the debt on May 6th have only sent one letter, I sent an I&E breakdown and they were prepared to accept my payment of £14 per month yet refused to sent me a payment slip!!!!

 

I have said help me to help you. I want to make a payment yet still they refuse.

 

There staff... OH MY GOD how rude can they be one gent called David told me to "Sort my life out" before hanging up that sent me in a rage lol..

 

I have been handling my own affairs very successfully for 17 months now but this firm is seriously hard work, they dont correspond. Are unhelpful, rude, condescending and arrogant

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  • 8 months later...

I have been in dispute with MBNA since last August! 4 weeks ago I got the ombudsman involved after they sent me fraudulantly filled in agreement - They are now under investigation by them! they were supposed to reply within 12 days...never did....today i received a letter stating that they had sold it on to a debt collection agency..mmmm interesting.

Wondering what to do next!! any idea's???

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