Have MBNA/Link Mucked Up???

[joemay]

OK Update - Have now rec'd copy of marbles application form, no prescribed terms in it and no terms & conditions.

 

I have checked over letters rec'd from Link and the response from the cca request states that 'Link Financial purchased your debt from mbna on 20th March.'

 

So, they haven't sent original T&Cs they haven't sent enforceable cca and they state they have purchased the debt, so where do I go from here.

[angry cat]

http://www.consumeractiongroup.co.uk/forum/other-institutions/120877-marbles-hfc-sold-their.html

 

AC

 

p.s. annoyed!

just picked up on this situation.

[joemay]

Thanks AC but what's the next step. I'm not sure what letter to send now as obviously there are so many flaws: 1. Defective DN 2. Unenforceable CCA 3 Link state they bought the account so unlawful recission, but as I haven't rec'd a letter or TN from MBNA, not sure if I should take it as unlawful recission.

 

Guidance on how to respond to them would be great. Thanks.

[angry cat]

Unfortunately, so many are in the same boat, including myself.

 

The only advice that I can give, is to just keep pursuing them for the missing documents.

However, I wouldn't mention the DN!

 

AC

[joemay]

OK i'll be sending the following letter to them if someone could take a look and let me know if it's ok.

 

Re: my request under the Consumer Credit Act 1974

 

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 refer to 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, it would be in everyone’s interest to consider the matter closed and for you 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

 

[angry cat]

Your letter is fine but be under no illusions, Link will not write off the alleged debt.

 

As previously advised, all that you can do is to pursue them, in order that any future judge will see that you have repeatedly requested the document(s) that they are reliant upon.

 

I presume that you have already requested documentary evidence that the alleged debt was legally assigned to them?

 

Ask Link;

 

Are you the Creditor?

 

AC

[joemay]

Your letter is fine but be under no illusions, Link will not write off the alleged debt.

 

As previously advised, all that you can do is to pursue them, in order that any future judge will see that you have repeatedly requested the document(s) that they are reliant upon.

 

I presume that you have already requested documentary evidence that the alleged debt was legally assigned to them?

 

Ask Link;

 

Are you the Creditor?

 

AC

 

No AC I haven't asked for evidence, just received NOA from Link and the last letter enclosing CCA which states "As you are aware Link Financial purchased your debt from MBNA" plus their notice of assignment also states they are the current owner of the outstanding balance.

 

Should I be asking for evidence or would what they have stated in letters be enough.

 

Can you explain a little as to why I should be asking or getting evidence, I think i'm missing something (not unusual i'm afraid)

 

Thanks again.

Joemay

[angry cat]

Quite clearly, Link Financial are pursuing you regarding this alleged debt, which poses the question:

 

Was the debt legally assigned to them?

What kind of assignment is it, equitable or absolute?

 

You should not just take their word for it, therefore Link must provide to you documentary evidence that the (alleged) debt was legally assigned to Link Financial.

 

At the end of the day and if the matter does go to court, Link will have to prove that they can take action against you in their own right: absolute assignment.

Link will untimately have to reveal the Deed of Sale and Deed of Assignment.

 

Of course, Link will not wish to reveal the contents of these documants, as they will show just how MBNA are selling these accounts and through where!

 

Keep pursuing Link.

[citizenB]

COMPLAINTS - LINK FINANCIAL

 

Please contribute to the thread above if you have complaint in respect of Link. Thanks

[joemay]

Hi,

 

Not been around for a while, OHs health more of priority.

 

Wrote to Link back in October, have received normally letters contact us now, possible legal action the usual. Anyway today have received a letter which appears to be a response to the letter which was sent to them which they have always claimed they never received:eek:

 

 

 

 

Not really sure what they are saying, just quoting the mcguffick case, which is a joke considering that they had the agreement with prescribed terms etc (i'm right thinking that aren't I!).

 

Can anyone advise on what they are telling OH and should he respond?

 

Thanks as always

Joemay

[Massamum]

Hi joemay,

Not sure what they are getting at here either!!! If they haven't got an agreement I would say they haven't got a leg to stand on. But, as always someone will be along with an answer for you very soon.

Hope hubby is better and that you’re looking after yourself too.

[pedross]

Hi joemay

 

I have not read your thread for a while and I will try to do so over the weekend.

 

However, the letter looks to me as if they are saying we do not intend to enforce the debt but we will continue to ask you to pay and report non payment to the credit reference agencies.

 

Someone else will be along who is more familiar with the thread and I will look in again.

 

Pedross

[angry cat]

HSBC sold Marbles to Sav Credit Limited; managed by Aviemorie Funding (trading name of SAV)

 

I note your letter is from the relatively new Link Company:

Link Financial Outsourcing.

 

Looks like MBNA didn't want to know, thus they passed the lemon onto Link Outsourcing, in order that they can do the dirty work.

 

IMHO, what Link are saying by use of semantics is:

 

We cannnot enforce throught the courts;

must not not attempt to enforce, as this may be viewed as an attempt to mislead a debtor; breach of the CPUTR's.

 

But, we will continue to ask for payment and;

punish you by processing your data with the CRA's!"

 

Please bear in mind that, a default can only remain on your credit file for 6 years, from the date of the first default.

[Big TJ]

Please forgive me but I'm very new at posting although I've been a member since 2008.

I would like to ask a question re MBNA/Link Financial, if it's permitted as both my wife and I are being chased by "The Creature form the Black Lagoon" (Link)!

When one asks for a copy of a credit agreement which is regulated by the CCA 1974, back in 2008, should one receive the whole page or just the signature form/ balance transfer details? Link wrote that "the documenttation sent to you fulfils with our obligation under the Consumer Act 1974 and do not consider your account to be in dispute. Please contact us to arrangement repayment of your outstanding balance". Sorry about the grammar. That's how the letter was written.

Could anyone be kind enough to suggest our next move.

Thanks in advance.

Edited January 30, 2010 by Big TJ

[joemay]

Thanks everyone that's what I thought, can't enforce but pay up anyway. If he could pay anyone anything then we wouldn't be where we are at today.

 

OK so I suppose we just file the letter under "IGNORE":)

[joemay]

Hi joemay,

 

Not sure what they are getting at here either!!! If they haven't got an agreement I would say they haven't got a leg to stand on. But, as always someone will be along with an answer for you very soon.

 

Hope hubby is better and that you’re looking after yourself too.

 

Hey Massamum,

 

How r u? Good I hope. Haven't been able to spend much time on here and catch up on what's happening with everyone.

 

Hubby's not doing to bad for now, but with the all the cretins creeping out of the wood work you never know how things are going to be on a daily basis.

 

I don't understand why they can't just write in plain old english - still out to deceive:mad:

 

It's amazing the cretins are like buses, you see nothing for ages and then 2 or 3 turn up at the same time.

 

Oh well, the fight continues.

 

Take care.

Joemay

[joemay]

Please forgive me but I'm very new at posting although I've been a member since 2008.

I would like to ask a question re MBNA/Link Financial, if it's permitted as both my wife and I are being chased by "The Creature form the Black Lagoon" (Link)!

When one asks for a copy of a credit agreement which is regulated by the CCA 1974, back in 2008, should one receive the whole page or just the signature form/ balance transfer details? Link wrote that "the documenttation sent to you fulfils with our obligation under the Consumer Act 1974 and do not consider your account to be in dispute. Please contact us to arrangement repayment of your outstanding balance". Sorry about the grammar. That's how the letter was written.

Could anyone be kind enough to suggest our next move.

Thanks in advance.

 

Hi Big TJ,

Good to see that you have taken the 1st step to posting and requesting help. May I suggest that you start your own thread, that way you will get the help you require and it'll be easier for you to follow.

 

Gathering from your post it seems they have sent you some kind of documentation, and it would be useful for others to see if link have fulfilled their obligation (highly unlikely but stranger things have happened) if you copy and past that form into your thread. Please ensure that you remove any identifying info.

 

All the best

Joemay

[Massamum]

Hey Massamum,

 

How r u? Good I hope. Haven't been able to spend much time on here and catch up on what's happening with everyone.

 

Hubby's not doing to bad for now, but with the all the cretins creeping out of the wood work you never know how things are going to be on a daily basis.

 

I don't understand why they can't just write in plain old english - still out to deceive:mad:

 

It's amazing the cretins are like buses, you see nothing for ages and then 2 or 3 turn up at the same time.

 

Oh well, the fight continues.

 

Take care.

Joemay

 

 

I’m not too bad thanks Joemay, I’ve had a relatively quiet couple of months thank goodness - I doubt it’ll last though!

 

The cretins just don’t care about the misery they cause do they, your poor hubby, it’s a good job he has you to fight for him.

 

 

 

Reassuring to know that you can add their latest pile of poo to the ignore file anyway

 

 

Keep your chin up and keep on fighting!