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CCA request, reply from Link Financial.

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On december 30, i posted CCA request to Link financial, today i recieved the first reply, as followes

You have 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 31 january 2001 and as such we do not always hold this documentation. We have reqeusted 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 adninistration 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

Link financial Limited.

Advice on this will be most welcome thanks.

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For the moment just file it.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above
Which of course makes no sense. Obviously the one brain cell that they have was out of the office when this template letter was put together.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory, in the letter, talk of administration fees. So they have admitted they dont have CCA and that they purchased the debt from MBNA in 2001, what is the chance of MBNA having a CCA after all this time ?.

Edited by blueda
typing error

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Very close to zero. Even if they do it is almost certainly not a compliant and therefore enforceable agreement.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The letter from Link Financial is dated 14 January, im wondering if i should now be sending them the follow up letter, informing them that the time for supplying a CCA has passed. On the letter template for follow up it says after a further 30 days this matter becomes a criminal offence, i read on another thread that it no longer is a criminal offence by the creditor, can anyone tell me or direct me to the amended version ? any advice will be much appreciated.

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The 30 days no longer exists and no one was ever prosecuted for the summary criminal offence anyway. However any attempt to enforce the account would be an offence under s5(2), 3, 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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The 30 days no longer exists and no one was ever prosecuted for the summary criminal offence anyway. However any attempt to enforce the account would be an offence under s5(2), 3, 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

Thanks Rory, do you know of a more suitable letter template i could use as a follow up ?:)

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I have got some words written down which were supplied to me on another thread, and im going to put together a letter using them to post 1st class recorded to LINK FINANCIAL. something like : What i require is a true copy of the alleged signatured aggreement at the time it was made, and also a full audit trail of the account.

I also may now be requering a full audit of the Link account to include the default notification and the termination of the MBNA account and the transferable rights.

My written permission for you or your company to process my data has not been given. You shall cease forthwith from the processing of any Data concerning me until such time you can produce the true copy of my signature on any contract with MBNA. : Thats the rough idea of what i will write, all advice most welcome.

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My written permission for you or your company to process my data has not been given. You shall cease forthwith from the processing of any Data concerning me until such time you can produce the true copy of my signature on any contract with MBNA.
What you need to do regarding this is to actually serve them with a formal notice under section 10 of the Data Protection Act.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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What you need to do regarding this is to actually serve them with a formal notice under section 10 of the Data Protection Act.
Where do i get the template for this Rory ? and how do i go about it ?:confused:

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Hi I think this may well have been a coipy of one by rory.

 

And one S10 notice

Dear Sir/Madam

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent admission that you cannot supply me with a copy of a Credit Agreement signed by me

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases and from ALL Credit Reference Agencies will result in a formal complaint to the Information Commissioners’ Office.

 

Yours Faithfully,

 

 

Make sure you edit out anything that doesn't apply and make sure you send them recorded delivery. Keep all receipts and after a couple of days go to the post office website and do a track and trace which will tell you when it was delivered.

 

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Here's a template for a section 10 notice http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

Obviously you would need to adapt it quite a bit to your situation.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks dpick and Rory, i am going to take a look at the templates and adjust to suit ciscumstances as you have both advised, and i will be in touch with progress :)

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This is what you need:

 

cca non compliance with s10:

 

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

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**.(12+2 days after you sent the CCA request)

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 your client enters 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.

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

 

Ida x

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thanks Ida In Fife. that is a well detailed letter of good content which i wil be using to contest Link financial.:)

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I have today posted the follow up letter to Link financial by recorded delivery unsigned, i am wondering what response i will get this time after the last letter from them.

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The reply from Link financial arrived today and is as follows,

Dear Mr Blueda

COMPLAINT ACKNOWLEDGEMENT LETTER

Thank you for recent complaint.

At this time we are unable to resolve your complaint but acknowledge receipt of it. Your complaint has been assigned to the Complaints Manager. Please find enclosed a copy of a summary of our complaints procedure. We will contact you within the next 4 weeks.

They sent with it a page outlining the complaints procedure. What is the next step folks ?.

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At the moment you don't need to do anything.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Can I just say al the best! and I am reading this with great interest


We are very worried about what we are doing

 

:mad:Trying to sort my credit file out :mad:

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Hi Blueda,

 

I've only quickly read through this thread so sorry if I missed something but you quote in your first post.

 

'As you are aware LINK FINANCIAL purchased your debt from MBNA EUROPE BANK LIMITED on 31 january 2001'

 

Have you been in regular contact with Link or making payments since 2001?

 

CP

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Hi Blueda,

 

I've only quickly read through this thread so sorry if I missed something but you quote in your first post.

 

'As you are aware LINK FINANCIAL purchased your debt from MBNA EUROPE BANK LIMITED on 31 january 2001'

 

Have you been in regular contact with Link or making payments since 2001?

 

CP

Ive been paying Link financial through a debt management company since 2001.

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I have recieved a reply from Link financial today, headed final response. Link has paragraphed and answered all the points of complaint i made, theyve supplied all payments made since 1999, originally with MBNA. They say that my MBNA account was assigned to Link Financial in january 2001. Therefore this account is no longer being reported to the credit reference Agencies as per the Limitations Act 1980, and that i have acknowledged the debt by making numerous payments. The debt is known as a chose in action2. As the original lender holds the legal right to collect the debt etc. In response to the CCA request they state, Please find enclosed a copy of your agreement as requested. We have therefore complied with our obligation under the consumer credit Act 1974 and do not consider your account to be in dispute. They have supplied a copy headed

MBNA Platinum Plus Visa Card

APPLICATION FORM

My signature dated 3/99 is at the bottom right corner. I dont know how to scan yet, does it sound like the CCA ?.

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An application form can be a valid credit agreement. However, very few are as most application forms fail to contain the necessary prescribed terms.


HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

 

 

 

Complaint to the OFT about DCA's threatening legally action on statute barred accounts

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks rory, i will get it scanned as soon as possible.

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Ive signed up with photobucket and need help on how to load image of alledged CCA onto this thread. anyone ?.

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