Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!

[blueda]

Thanks dpick, are they legaly entitled to start court proceedings without a valid CCA copy ?.

[dpick]

Hi not to sure with Link have not dealt with them but plenty of DCA's try to without getting any paperwork at all from the original creditor prior to issuing then squeal when we use CPR to get docs from them.

 

dpick

[batman1956]

Yes they can start procedings without anything and in some cases they do. If there is no defence then theoretically they can win these cases by default. However if they were to start proceedings on this basis then the lack of an agreement is a complete defence and until they can produce it then they can not get a judgement if you defend correctly.

[blueda]

Thanks batman and dpick, Link financial are again trying to reach me by phone.

[dpick]

Hi I have found it very beneficial to blow wet raspberries down the phone to them. Boy does it upset them. They soon stop when they get the idea that you dont want to speak on the phone.

 

dpick

[blueda]

I have recieved a letter from Cabot as follows, REPAYING YOUR ACCOUNT]

Thank you for your recent payment. However there is no agreed repayment plan currently in place.

I have not been in touch or made payment to Cabot since asking them to provide a valid CCA about 2 years ago, also the balance is showing around £300 more than before.

[blueda]

I have received a letter today from Link financial

LETTER BEFORE ACTION

Link Financial Outsourcing Limited has attempted to recover the outstanding balance from you but has however not been successful.

COUNTY COURT PROCEEDINGS WILL NOW BE ISSUED AGAINST YOU WITHOUT FURTHER NOTICE. WE shall obtain and enforce a county court judgement against you. This may affect your ability to obtain credit in the future.

You should be aware that where applicable contractual interest will continue to be charged on the outstanding balance until the debt has been fully repaid although we will not ask you to pay more than the amount you would have paid if you had continued to pay your account as per the original terms of the agreement.

You may be liable for the costs of any action we take and statutory interest will accrue on your account at 8% for the full period. We will also impose a maximum fee of £130.00, which you will be lable for.

IF YOU WISH TO PREVENT THIS COURSE OF ACTION PAYMENT MUST BE RECEIVED IN FULL WITHIN THE 14-DAY PERIOD. PLEASE CONTACT AN OFFICER ON 02920 808698 AS A MATTER OF URGENCY

Mr T Johnson

Litigation Manager

Link Financial Outsourcing Limited.

Any advice folks will be most appreciated the balance is just over £1600.

[IdaInFife]

think this says it all unless you want to try and negotiate a full and final settlement

[blueda]

Thanks Ida,

In March 2009 Link sent me a copy of the application form signed by me to MBNA in 1999,

the account was purchased by Link in 2001 and i stopped paying them on December 2007.

Fellow caggers informed me that the application form which i scanned on here was not a valid CCA, although i expect if it goes to court they will use it as proof.

It has always been my intention to make settlement of this account when i can afford to, i am considering making a starting offer of £50.00 as full and final settlement.

In 2007 Link made me an offer of £9237 as full and final which i could not afford and still cannot afford, the account is just over £1600. All advice will be grateful.

I telephoned Link financial tonight and explained that the account is in dispute and that i have not received valid CCA copy or notice of assignment from them or MBNA.

The person on the phone said that they will send me a valid copy of the agreement and the assignment and told me that the action will be delayed for 7 days,

then i will be sent notice of court action and if i do not pay in full i will have a CCJ put on my credit file.

As always all advice is welcome.

[batman1956]

If they send a valid copy of the documentation it will be a miracle. But if that miracle should happen then you need to think what to do next. At the moment they can bluster about 7 days, 7 months but not 7 years or it would be statute barred but that is all it is bluster.

[Cunning Plan]

Strange how Link think they know what the judgement will be 'WE shall obtain and enforce a county court judgement against you'

Well they sent me the same letter and attempted to take me to court but withdrew the action 2 days before the first hearing.

As has been written usual Link bluster.

Keep all your paperwork filed in order and be prepared but on their past record if, and I stress if, they start court action you'll have all the ammo required and assistance from CAGers too .CP

[blueda]

Thanks batman and Cunningplan.

[blueda]

I have received two new letters from Link financial, the first being a copy of an appliction for a credit card from MBNA in 1999 with my details and signature. the same as they sent to me in january 2009, which fellow caggers said was not a valid CCA copy. The second letter states,

SALE OF YOUR DEBT, and is dated April 2011.

RE : YOUR AGREEMENT WITH MBNA EUROPE BANK LIMITED ( MBNA ) RELATING TO ACCOUNT NUMBER *********

WE write to introduce Link Financial to you. Link financial is the current owner of the outstanding balance due from you under the agreement referred to above. MBNA has as january 2001 assigned to Link finacial the outstanding balance due under the credit card agreement. As a result of this assignment, the full amount of the outstanding balance is due to us immediatiately.

The total outstanding balance is £163*.**

We have appointed Link Financial Outsourcing Limited " Link" to administer and recover your debt on our behalf. In order to discharge the outstanding balance, you should send payment without further delay.

Since you now owe the outstanding balance to Link Finacial, you should make no payment relating to the outstanding balance to MBNA. Any payment made by you to MBNA will take significantly longer to be processed onto your Link account.

You may wish to take legal advice etc. Advice welcome please fellow caggers.

[batman1956]

More bluster. If the documentation is not valid (and you know why it is not valid) then Link can threaten you with anything that they like but that is all that they can do threaten. Other caggers will advise also but it may be that you have to tell them to put up or shut up.

[blueda]

Thanks batman, I am going to write to Link and tell them that application form is not a CCA copy and that the above letter is not a notice or letter of assignment, advice is most welcome thanks.

[IdaInFife]

http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

[blueda]

Thanks Ida, that letter will be going out tomorrow.

[blueda]

I have received a reply from Link Financial,

Thank you for your recent correspondence. Please be aware the documentation supplied fulfils our obligations under the consumer Credit Act and therefore do not consider your account to be in dipute. Please contact us so an affordable repayment plan can be organised and to prevent further recovery action.

[seriously fed up]

This means that they have satisfied s78 of the CCA which allows them, basically, any old rubbish and say "this is your agreement" (a computer dump of T&Cs with your name and address carefully typed at the top is one example). Having done that they are entitled to try to enforce - letters. threats, phone calls etc. Even court action should the notion take them. BUT as has already been pointed out if the document they sent you in 2009 still isnt enforceable in 2011, their court action wont succeed - signing requirements not fulfilled go straight to s127 (3).

[blueda]

Thanks seriously fed up.

I received a call from Link financial from Wales today, got me when i was under severe pressure, looking to set up a monthly payment plan,

I told him that link has never provided a valid CCA copy or notice of assignment, he said they have and as i had an MBNA credit card back in 1999 and that as i had paid Link monthly payments for years that their claim is valid,

asked me if i consider it right that i used the credit card then stopped paying, told me that he is phoning to help me and stop court action etc and offer a monthly payment to be set up.

i told him that i am under severe financial pressure and had just heard bad news workwise, i said if and when i can afford it i will gladly offer part payment as full and final payment, he persisted a payment set up and promised to call back tonight.

I am just now under financial stress workwise and cutting back on outgoings, i do eventually make settlement payments to the DCAs, however this is a bad time and i need watch my outgoings and i have applied for working tax credits as my income is so low just now. All advice welcome folks.

[batman1956]

Can you post up what they have sent to you that they claim is valid and let the experts have a look at it then you will get better advice on how to proceed but at the moment from what I understand they have not proved that it isnt statute barred let alone produced anything that they can rely on in court

[seriously fed up]

Batman's advice is excellent. If they dont have the paperwork to enforce their claim and/or its statute barred, let them fume. They will put pressure on you and if they think that you are starting to crack then they wont respond by backing off. Their response will be to put more pressure on you. So its important that you put up what they have sent you and get some advice (hopefully that we should all have a good laugh)

I know you have many other things to worry you, but in all seriousness you need to show a confident face, advise them that you have no evidence that they can enforce (dont expect them to agree btw) and that until they can change that there is no point in further correspondence.

[blueda]

Thanks seriously fed up and batman, i am unable to view batmans post as there is a page missing although your message is notified in my mail box, thank you batman i hope your posting will turn up tomorrow. SFU you are correct i was cought up feeling very vurnerable and they are seeking to use this against me.

[blueda]

Thanks batman , i have now been able to access your post, i will seek to upload the information from link in the next few days.

[underdog13]

Any updates on this one, Blueda?