Strong Letter from Link Financial Now What ?

[Result]

I have a debt with MBNA who sold it to Link Financial. Back on the 29th December I requested a CCA. After many letters saying we are looking into your complaint all payments are on Hold I finally receive a letter saying they can’t find it.

They say that the debt exists and I still have to pay. Please have a look at their response below.

Response: Unfortunately at this time we are unable to supply you a copy of your agreement however financial ombudsman service have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is a 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 fourth principle the Data protection act 1998 has been complied with and therefore the continuation of reporting the account is acceptable. They also state the failure of a creditor to produce a copy of the signed agreement is not on its own evidence that your debt does not exist or that it is enforceable and should therefore not appear on your credit file. If the credit grantor can supply some other evidence of the agreement and you have no evidence to contradict this then it is likely to be proper for the debt to continue to be recorded on your credit reference file.

Therefore if an agreement is not available it does not meant the account is unenforceable and should be deleted from your credit file?

The payments you have made towards your account and offer letter you have sent are proof an agreement exists.

What should I do now?

[cerberusalert]

Proof of any payment does not in itself prove that a debt exists, however the lack of a CCA does prevent them from enforcing any further payment from you. Their letter is basically bull$hit, if they continue to pursue with this make a complaint to your local Trading Standards, the OFT & the Information Commissioner.

[Result]

Really? so are they just trying it on hoping that I fold ? Should I sent them anything as today they have sent me a letter asking to agree a payment plan and want a financial statment ?

[cerberusalert]

Send them this;

 

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,

 

Print name do not sign

[Result]

Ok, this was the one I sent them 15 days after they didnt respond to my CCA, so shall I re send it ?

[cerberusalert]

You could do just to emphasise your point & then if they carry on continue with your complaints to the regulatory bodies.

[Result]

Thank you for your advice will do.

Cheers