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

[Cunning Plan]

Hi Blueda,

 

I suspect the holiday weekend is the reason no one replied to your last post... Until now

 

Anyway. Personally I wouldn't bother wasting your time, and a stamp, on writing to Link at the moment. They haven't responded to your last letter so another one wouldn't really make a difference.

 

Wait until next week when the Easter break is well out of the way and things have returned to normal. See if they then reply. Battling DCAs is also a waiting game.

 

CP

[blueda]

Thanks again Cunning Plan.

[blueda]

I have never to my knowledge received a Notice of assignment from Link financial or any other creditor,

surely without a notice or letter of assignment, which i have been told the creditor has to agree to the debt being assigned to a DCA, then the creditor who has purchased the account has no right to collect the debt,

i have not signed any agreement with Link financial, and as the original creditor (MBNA) is not allowed by Data protection to pass on details of any account i had with them to another party,

had Link had any right to collect any money from me right from the start ?.

If anyone on this site has seen a proper notice of assignment or better still has one, then please paste it on here blanking out the personal details.

[Cunning Plan]

Hi Blueda,

 

A letter of assignment is only one piece of the jigsaw and a very small one at that.

 

The important thing here, the biggest piece of the jigsaw, is that Link Financial have not provided a copy of the original agreement - because its likely MBNA never created it in the first place.

 

Its quite simple: no compliant agreement = account not enforceable = Link lose. The letter of assignment means nothing because there isn't a valid contract/account to assign.

 

Your questions about MBNA & Link and data protection are valid ones and , some would say, can be treated as a seperate matter. There are many threads on CAG that deal with data protection.

 

 

 

CP

Edited April 16, 2009 by Cunning Plan
Typo

[blueda]

Hi Cunningplan,

MBNA do not have any other document signed by me as the document i scanned on this thread is all i signed for them,

can the absence of a letter of assignment not be used to further de-validate the claim by Link ?

does it not also mean that Link has no right to the money they have been paid by me since they bought the account ?.

[Cunning Plan]

Hi Blueda,

 

"can the absence of a letter of assignment not be used to further de-validate the claim by Link ?" Yes that's true but as there wasn't a contract in the first place (no CCA) the letter of assignment is, in this case, a worthless piece of paper. There is simply nothing to assign.

 

What you have now are two cases.

 

1: You telling Link Financial to go away as you owe them nothing (no CCA = no debt)

 

2: You, if you wish, chasing Link to reclaim the money you've paid them under the understanding they had the legal right to do so... Which they don't.

 

CP

[IdaInFife]

any monies paid too them will be regarded as a 'gift' and it would alos make them look harder for any paper work

 

Ida x

[blueda]

Thanks CunningPlan and Ida for contributing to the debate

, i would be glad just to get the remaining creditors to just go away rather than try and claim back,

i have over the past 9 years paid back a lot more money than i ever took out and still have credit card debt,

i cut the cards up 9 years ago and now pay everything by cash, debit card and direct debit

. Ive been paying creditors through debt management all these years, some have been paid off through reduced settlements.

[Cunning Plan]

Hi again Blueda,

 

The route I took was no agreement = go away, no enforceable debt.

 

As long as they corrected my credit file too that was sufficent for me. The choice is yours but as ever come back to this thread with your thoughts and questions.

 

CP

[blueda]

Thanks again Cunning Plan, ive decided like you say, no agreement =go away, no enforcable debt. As for credit files, niether MBNA or Link have anything on my credit files, if they did have it has timed out as they were getting payed through DMP for years, my credit file is fair, with one sheriff court judgment for another creditor, which runs out this year.

[blueda]

Hi Folks, i have today recieved a letter from Link financial, the basics are as follows

Dear Mr Blueda

Account number ********

Our reference *****

Statement period **-10-2008 to **-04-2009

Date assigned to: Link financial

Current balance £1,6**.** Where interest is being charged on

on your account it will be shown in

the statement data provided below

Date

balance brought forward Debit Credit balance

****** ******

****** ****** ******

 

***** ****** ****** etc

They have shown the postal order for £1.00 as a payment, then below SEC £1.00 debit ??

At the bottom of the page is as follows

Disput resolution

If you have a problem with your agreement, please try to resolve it with us in the first instance. If you are not happy with the way in which we handled your complaint or the result, you may be able to complain to the Financial Ombudsman. We can provide details of how to contact the Ombudsman.

MINIMUM PAYMENTS

If you make only the minimum payment each month, it will take you longer and cost you more to clear your balance.

On the other side are the usual method of payment stuff, all advice and comments welcome fellow caggers.

[Cunning Plan]

Hi Blueda,

 

They appear to have sent you a statement of the account. Nothing more nothing less. I guess it's part of their automated system every six months you'll get something like this.

 

It does show the £1.00 you sent them for your CCA request, so more proof that you asked for a copy of the agreement. They're quite nicely providing you with more ammo for your case... bless their cotton socks.

 

CP

[blueda]

Hi CP, before i CCA requested Link they had never sent me a statement of account, i dont know what SEC is on the account, that is what they have used to debit me £1.00.

[FlyboyAgain]

That's the way it is.

 

It's the treatment, the way they talk to to you, the manner in which they write and threaten you.

 

They've had their thousands back, their pounds of flesh. No more!

[blueda]

I have instructed debt management to withhold payments to Link financial, so now i am waiting for them to throw the toys out of the pram.

[IdaInFife]

watch out for that rattle

 

Ida x

[blueda]

I will do Ida.

[blueda]

I have received the first letter from Link financial today since i instructed the debt management company to stop paying them. On the front it says

Please complete both sides of this personal budget plan and return to us in the pre-addressed envolope.

^ Offers of repayment should be made on an equal distribution of available funds

^ Income and expenditure details must be current and complete

^ Please confirm your contact details

Daytime Telephone number

Mobile Telephone number

Evening Telephone number.

On the reverse is an application for reduced Payment plan where they are seeking me to fill in an income and expenditure form. All comments and advice welcome fellow caggers.

[IdaInFife]

you can either file and ignore or resend account in dispute letter.

 

Dear Sirs,

Account no xxxxxxxxxxxxxx

 

Thank you for your letter dated xx/xx/xx.

This account is in Dispute .

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

2.6 Examples of unfair practices are as follows:

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

 

Ida x

[blueda]

Thanks Ida, it really is one or the other, so i am not going to rush into a decision, cheers David.

Link financial were paid by me through a DMC and received a financial report annually,

now that they have been informed by DMP that i have requested payments stopped,

it looks like they are seeking the information from me direct,

like they are ignoring the account in dispute letter.

[blueda]

I have decided that i am going write to Link financial, however i am wondering whether to send another account in dispute letter or a short letter reminding them that the account is in dispute.

[blueda]

It is now over 3 weeks since i heard from Link financial, i have not responded to them so far, i am pondering whether i should remind them that the account is in dispute, or leave well alone.

[dpick]

leave well alone until you receive something that requires a response, ignore all the threats etc.

dpick

[blueda]

Thanks dpick, i will leave well alone.

[Cunning Plan]

Hi Blueda,

 

As long as you have proof that your letters were delivered ie Royal Mail Signed For, then as Dpick wrote leave well alone. It's now up to Link to respond with the documents you've asked for.

 

CP