Have MBNA/Link Mucked Up???

[never-in-doubt]

I'd be prone to take a look at this post for details - identical case.....

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192146-mbna-debt-bought-link.html

 

Does this look familar? LOL

 

Borrowed from: Massamum Post is here: #11

 

 

 

[never-in-doubt]

These letters seem to be popular eh?

[joemay]

Hi Never-in-doubt,

Thank you, yes I have. Was hoping that someone could give answer to my Post #5 on this thread, didn't want to butt in on someone elses thread. Can you or someone help me with that.

 

Something that I haven't mentioned is that it appear that the original OC was marbles. OH received CC from MBNA which he never asked for and never used. but then received a statement which had outstanding balance and some spending which was from Marbles card. This was never challenged and just accepted this is what happened.

 

OH never received a letter from OC stating that it had been transfered to MBNA and never received letter from MBNA saying they had taken over the account. Can they do this without informing account holder:eek:

 

Thanks

Joemay:)

[never-in-doubt]

Hi Never-in-doubt,

Thank you, yes I have. Was hoping that someone could give answer to my Post #5 on this thread, didn't want to butt in on someone elses thread. Can you or someone help me with that.

 

Something that I haven't mentioned is that it appear that the original OC was marbles. OH received CC from MBNA which he never asked for and never used. but then received a statement which had outstanding balance and some spending which was from Marbles card. This was never challenged and just accepted this is what happened.

 

OH never received a letter from OC stating that it had been transfered to MBNA and never received letter from MBNA saying they had taken over the account. Can they do this without informing account holder:eek:

 

Thanks

Joemay:)

 

 

Marbles is owned by HSBC (HFC Bank) so you've confused me with that one - what does MBNA have to do with anything? See here: HFC Bank PLC

 

quote:

In March 2003 both Household International Inc. and HFC Bank plc became part of the HSBC Group. Subsequently HFC Bank has become a limited company.

 

 

Sorry, best to wait for one of the legal eagles for a proper answer, they are more help than i'd be able to offer i'm afraid.....

[never-in-doubt]

Seen this: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/122445-me-marbles-hfc-bank.html

[joemay]

Marbles is owned by HSBC (HFC Bank) so you've confused me with that one - what does MBNA have to do with anything? See here: HFC Bank PLC

 

quote:

In March 2003 both Household International Inc. and HFC Bank plc became part of the HSBC Group. Subsequently HFC Bank has become a limited company.

 

 

Sorry, best to wait for one of the legal eagles for a proper answer, they are more help than i'd be able to offer i'm afraid.....

 

 

Apologies if I've confused the matter. OH had a Marbles card, for some years. One day MBNA card drops on the mat. MBNA had taken over the Marbles account, but OH was not informed in writing, this happened at the begining of our debt troubles. Just thought it might help us in some way, or maybe this is totally irrelevant?? Can one bank sell an account to the other without the account holder knowing or agreeing to??

[joemay]

Can anyone advise on my post #5 and #31 please:(

[joemay]

Update - Help please...

 

Have spoken to Link today on behalf of OH. I informed them have sent CCA request to them, they had no knowledge of it, but they have rec'd the PO and set it against account. Told them to take off as it's for cca. He tried pushing me saying are you disputing acct, told him couldn't answer that til had sight of CCA. He then wanted to know when acct will be settled told him to communicate in writing, he said they are a calling co. only deal in telephone calls not letter writing. He waffled on about have you made token payments to MBNA, how can you dispute the account.!!

 

He informed me that the account defaulted end feb. Am confused now, is a default notice issued after the account defaulted or are they telling you that it will be defaulted on XXX date, if you do not settle the amount??

 

Please can someone advise me, am feeling like a fish out of water and confused. The guy has insisted that he will call back soon, and I don't handle confrontation easily, have already settled an account that I could not afford to:(

 

Thank you.

[joemay]

Bump..

[diamondgirl]

Firstly stop panicking.

Link haven't sent you a response to your CCA? Send them a dispute letter.

Don't ever talk to them on the phone they will just bully you and try to scare you.

They actually discussed this with you on the phone? You say you rang on behalf of your OH if this debt is in his name only they should not be discussing anything with you Data Protection an all that.

The letter from Link seems to be pretty standard letter that they are now sending out, my was different, still a load of rubbish. They need to respond to your CCA request as you want to see the original agreement.

You will find quite often dates etc don't always tally with things from Link.

Someone with more knowledge will be along soon.

DG

Make sure you never talk to them on the phone and any letters you send never ever put your signature on them type your name or print it but never ever sign it.

[joemay]

Firstly stop panicking.

Link haven't sent you a response to your CCA? Send them a dispute letter.

Don't ever talk to them on the phone they will just bully you and try to scare you.

They actually discussed this with you on the phone? You say you rang on behalf of your OH if this debt is in his name only they should not be discussing anything with you Data Protection an all that.

The letter from Link seems to be pretty standard letter that they are now sending out, my was different, still a load of rubbish. They need to respond to your CCA request as you want to see the original agreement.

You will find quite often dates etc don't always tally with things from Link.

Someone with more knowledge will be along soon.

DG

Make sure you never talk to them on the phone and any letters you send never ever put your signature on them type your name or print it but never ever sign it.

 

Thanks DG, yes I am dealing with them with OH consent. (DP not breached). I have no intention of talking to them on the phone, they have to send in writing. I will send them a letter if they call again.

 

Just waiting to see if they come up with CCA.

[joemay]

Can anyone advise on my post #5 and #31 please:(

 

Anyone plz ....

[Gazza112]

Hi joemay

 

On post 5 they have to give you 14 days plus postage time for defaults.

2 working days for 1st class and 4 working days for 2nd class.

Post 31 i think your find that Abbey National was the company who promoted Marbles first with MBNA as the card provider.

Them Abbey was brought out by Santander and paid MBNA off.

Hope this explains, you can follow my MBNA thread if it helps you on DN's served.

 

Gaz

[joemay]

Thanks Gaz, I will check out your thread:)

[Massamum]

Hi Joemay, how are things with you today? Any more calls from Mr Stroppy? I came across some info tonight in another post. Basically said that if an account has been sold to a DCA that a new account number would be given.

 

Interestingly enough the number on Link’s NOA is my MBNA account number, so I’m guessing the debt hasn’t been sold to Link after all and that they are merely collecting on MBNA's behalf.

 

What does it say on yours? Do you have a new account number or is it your old one?

 

 

[joemay]

Hi Joemay, how are things with you today? Any more calls from Mr Stroppy? I came across some info tonight in another post. Basically said that if an account has been sold to a DCA that a new account number would be given.

 

Interestingly enough the number on Link’s NOA is my MBNA account number, so I’m guessing the debt hasn’t been sold to Link after all and that they are merely collecting on MBNA's behalf.

 

What does it say on yours? Do you have a new account number or is it your old one?

 

 

Hi Massamum,

Things still pretty much the same. I notice your not sleeping so guessing things aren't any better for you.

 

No haven't heard from Mr Stroppy:roll: The Link letter has a link reference number, but in RE: has relating to mbna acct #.

 

When I spoke with Mr Stroppy he told me that the debt had been bought by link, did he tell a porky pie:eek: I couldn't view what was on the link you sent. What does this imply for us if it hasn't been sold?

 

Just waiting to see if the cca is produced. The more threads I read, the more confused I become, in another thread it said you shouldn't bother chasing the cca, but for the life of me can't find it to show you:???: I'll keep looking.

 

Keep me posted on how your getting on, and try and get some sleep;)

[Massamum]

Hi Joemay

I wouldn’t trust a thing any of them say.

Can’t remember what the implications about the account number are and I haven’t been able to find the thread, but will keep trying.

 

I'm confused too and the more I read the worse it gets. So much other stuff going round in my head let alone all this new info too!!! I expect you’re the same. Had some good advice on my thread from DG, she said to try and forget about it for a few days (I’m going to try), thought I’d pass it on

[joemay]

Hi Joemay

I wouldn’t trust a thing any of them say.

Can’t remember what the implications about the account number are and I haven’t been able to find the thread, but will keep trying.

 

I'm confused too and the more I read the worse it gets. So much other stuff going round in my head let alone all this new info too!!! I expect you’re the same. Had some good advice on my thread from DG, she said to try and forget about it for a few days (I’m going to try), thought I’d pass it on

 

Thanks, I think DG is right, will try to do the same. If I here anymore i'll let you know. Have a good break & try not to worry;)

[citizenB]

I need some advise. Have copied this quote from a thread that is similar to my situation

 

 

"The reason DN are so important is that its a requirement to end the credit agreement than a proper default notice is served prior to termination. If the default notice is invalid i.e. not enough time to rectify the fault then the termination becomes invalid, this reduces the right of the OC to just the money due at the time of the default notice, i.e. only the arrears become payable, they lose the right to the balance as they have terminated the agreement invalidly."

 

"The letter implies that Link have purchased the debt from MBNA. As to the selling a debt prior to the default notice expiring that seems to me to be a serious breach."

 

 

Please can someone advise, am new to this and starting to think i'm a little thick

 

Thanks

 

 

Joemay, I think one or two of your more specific questions remain unanswered.

 

Link have said they took over/purchased the account on the 20th March 2009, yes ?

 

However, MBNA's Default notice gave you until 23rd March to remedy a default. It would seem to me that either Link have messed up or MBNA have blown it having passed over the account before the date of remedy expired.

 

Have you at any time received a Termination notice from MBNA ? You would have received that AFTER the DN

 

The DN from MBNA was dated 6th March 2009 which was a Friday. Unless they can prove they actually posted it on the Friday then you count from Monday 9th, in which case the earliest you could have received it would be the 10th.. not leaving 14 clear days. Which is probably irrelevant if they assigned the account on the 20th Having the envelope would have been good as we might have been able to tell if it had been mailed 1st or 2nd class post.

Edited April 13, 2009 by citizenB

[joemay]

Joemay, I think one or two of your more specific questions remain unanswered.

 

Link have said they took over/purchased the account on the 20th March 2009, yes ? YES

 

However, MBNA's Default notice gave you until 23rd March to remedy a default. It would seem to me that either Link have messed up or MBNA have blown it having passed over the account before the date of remedy expired. So does this help us & if so how & when?

 

Have you at any time received a Termination notice from MBNA ? You would have received that AFTER the DN NO is this good for OH or am I clutching at straws?

 

The DN from MBNA was dated 6th March 2009 which was a Friday. Unless they can prove they actually posted it on the Friday then you count from Monday 9th, in which case the earliest you could have received it would be the 10th.. not leaving 14 clear days. Which is probably irrelevant if they assigned the account on the 20th Having the envelope would have been good as we might have been able to tell if it had been mailed 1st or 2nd class post. I'm assuming this is good too, but how?

 

Thanks for responding Citizenb I have answered above, as you can see i'm new to all of this, and still don't know how it assists OH. And have other Caggers be able to use this against DCA/OC to the benefit, and if so can you point me in the right direction, i've read so many threads, ive become a little confused. Have to say this sight is great, it gives you hope!

 

Somthing else the Link guy mentioned was the account defaulted 28/2, which seems odd as OH has been making token payments since nov. Token payment was made for March or is this irrelevant?

 

Thanks again:)

[citizenB]

Okey dokey, I think what we need to do here is get MBNA to confirm that they assigned the account on the 20th March, without giving too much away.

 

Dear Sir

 

Account No:

 

I have received a letter from Link Financial Limited, a copy of which is enclosed for your attention.

 

As you can see they say they were assigned the above account on the 20th March 2009. Would you please confirm this is correct.

 

Yours faithfully

 

 

 

Print dont sign

 

You are still waiting for the CCA so I dont think there is much else you can do until that arrives.

 

I would repeat, do not to speak to these people on the phone. They have one mission in life.. to make your life hell until you give in and pay up..regardless of whether you have the funds to do so or not. By keeping everything in writing you slow the pace down a bit and force them to

a) either think about what they want to say or

b) let them put their foot in it.

 

There are letters for telephone harassment, if you feel you need one. Just yell.

 

I will have a look round the forums to see if there a thread that mirrors your situation and pop a link on here for you. Probably not today though.

Edited April 13, 2009 by citizenB

[Duffychick]

Hi Joemay,

 

I've just found your thread and I received exactly the same letters as you from both MBNA and from Link - reckon they had a huge mailshot on 6th March, either that or they were bored:). Just the other day I also got a nice little postcard from Helen at Link asking me to call her, needless to say that just got filed.

Between us, me and the OH have 3 cards with MBNA. We'd CCA'd them and received replies on 2 (unenforceable:D) but hadn't received anything on the one passed to Link.

As I have all the paperwork and copies of the proof of deliveries of the CCA requests and In Dispute letters I am now sitting back and doing nothing.

I know this may sound strange but IMO I think that chasing them to provide what I've asked for is just giving them the incentive to actually do something. If it ever went to court I could quite honestly say to a judge that I've done all I could to be able to assess my situation and they haven't replied within legal time limits etc.

The default notice doesn't give enough time legally (their envelopes don't have info on wether first or second class so have to assume second).

If it turns out that the CCA is unenforceable then they have sold a debt on along with all your personal info which is also against the data protection act. If it turns out the agreement is enforceable then they still contravened DPA and didn't supply the agreement within the time so it all goes against them.

This is just my personal opinion but I have read similar thoughts on here (I think Dave did a post on another thread that explained it fabulously but I can't find it - typical!).

 

I would also add that prior to finding this site and reading up on rights and wrongs I had that sick sinking feeling through trying to deal with our debts and not knowing what to do. Now I feel like I could take almost anything!

 

Remember, they can't reach down the phone and get you, they do not have the powers they imply they do and their letters are not worth the paper they're written on half the time.

Keep everything, note all phonecalls (after telling them to go forth and multiply of course) and relax. You will get through this and with all the help on here, with your sanity intact:D

 

take care and update when you can;)

[pompeyfaith]

Well said Duffy ill second every word too maybe an idea to monitor my thread to as im back in court on the 12th may and boy have they (MBNA) messed up not only does the DN not comply (dated 4th April 08 with a remedy date of 18th April 08) they have produced an altered forgery to the court and put the forgery in the court bundle.

 

My thread is here it gets interesting from page 20

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/151709-help-20.html

 

Regards

 

PF

[joemay]

Okey dokey, I think what we need to do here is get MBNA to confirm that they assigned the account on the 20th March, without giving too much away.

 

Dear Sir

 

Account No:

 

I have received a letter from Link Financial Limited, a copy of which is enclosed for your attention.

 

As you can see they say they were assigned the above account on the 20th March 2009. Would you please confirm this is correct.

 

Yours faithfully

 

 

 

Print dont sign

 

You are still waiting for the CCA so I dont think there is much else you can do until that arrives.

 

I would repeat, do not to speak to these people on the phone. They have one mission in life.. to make your life hell until you give in and pay up..regardless of whether you have the funds to do so or not. By keeping everything in writing you slow the pace down a bit and force them to

a) either think about what they want to say or

b) let them put their foot in it.

 

There are letters for telephone harassment, if you feel you need one. Just yell.

 

I will have a look round the forums to see if there a thread that mirrors your situation and pop a link on here for you. Probably not today though.

 

Thanks Citizenb:)

[joemay]

Thanks Duffychick. I will update, 12+2 days up 2morrow but will give them til thurs due to bank hols. Am looking forward to seeing what arrives;)

 

You take care to:)