Link - MBNA

[scubadiver]

Sorry if this post is in the wrong place, i'm new to all this and technology is not my strong piont!

 

It would appear that some time in March 2009 mbna have sold the debt that i allegedly:) owe to link financial.

 

Link phoned me at work about 10 days ago demanding i pay in full immediately, i refused stating i didnt know who they were. The chap tried to tell me they had written to me (i had not received anything). I also refused to confirm my name, address, phone no. place of work etc.

 

A few days ago I rec'd a letter from them introducing themselves and informing me that i must pay the outstanding balance immediately.

 

I rec'd a second letter yesterday telling me that they had checked at Land Registry and effectively threatened to put a charge on my home if the matter was not resolved.

 

From what I have read, I assume my first step is to CCA them and then wait for their response.

 

Also can I stop them from phoning me at work, if the bosses find out about my alleged:) predicament then i could be out of a job.

 

Any help or guidance is much appreciated. Thank you.

[clemma]

CCA them ASAP. Link are very quick at obtaining CCJ's - I know from experience (they have to do this first before they could even contemplate a charging order though). Even then, IF it did go to the CCJ stage, as long as payments are maintained, a charging order will NEVER happen.

 

The letter you need to stop calls is: (maybe do 2, one to include your work number as well)

 

-HARASSMENT WARNING-

 

WARNING;PROTECTION FROM HARASSMENT ACT 1997;

 

WARNING; COMMUNICATIONS ACT 2003, S127.

 

TELEPHONE NUMBER

 

 

 

Re: Harassment by telephone

 

 

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

[joemay]

Yes send off cca request. How old is the account?

 

Did you recieve a default notice from MBNA & if so is it correct? ie did they give 14 clear days to remedy.

 

Send letter requesting them to only correspond in writting and insist that in anycase they remove your work no from their fiels.

 

I believe the oft might be interested in the letter regarding the threat of putting a charge on your home, there has been a big thing going on recently regarding these scare tactics the DCAs are taking at the moment and link being one in particular:D

[clemma]

The OFT were looking for stories about companies either threatening or putting charging orders on properties. I sent an email to:

 

[email protected]

[joemay]

The OFT were looking for stories about companies either threatening or putting charging orders on properties. I sent an email to:

 

[email protected]

 

Hi Clemma, did you here back from the oft?

[clemma]

Nope - they don't comment on individual cases but they do build case files. The more that complain though (especially about Link), the better. Especially when it comes round to renewing their credit licence

[joemay]

Nope - they don't comment on individual cases but they do build case files. The more that complain though (especially about Link), the better. Especially when it comes round to renewing their credit licence

 

Couldn't agree with you more;)

[miziwizzi]

CCA them ASAP. Link are very quick at obtaining CCJ's - I know from experience (they have to do this first before they could even contemplate a charging order though). Even then, IF it did go to the CCJ stage, as long as payments are maintained, a charging order will NEVER happen.

 

This info is wrong, things have changed and Im afraid Link can and WILL go for charging order straight away, I know from personal experience of CCJ in June then charging order in July!

 

Link are a nasty company and Clemma is correct in saying deal with them ASAP.

 

good luck

[joemay]

CCA them ASAP. Link are very quick at obtaining CCJ's - I know from experience (they have to do this first before they could even contemplate a charging order though). Even then, IF it did go to the CCJ stage, as long as payments are maintained, a charging order will NEVER happen.

 

This info is wrong, things have changed and Im afraid Link can and WILL go for charging order straight away, I know from personal experience of CCJ in June then charging order in July!

 

Link are a nasty company and Clemma is correct in saying deal with them ASAP.

 

good luck

 

Hi Miziwizzi, So sorry to hear what happened to you.

 

How did it happen on what grounds did they go for the C/O? I thought the whole point of going for c/o after ccj would be because payments had defaulted.

 

Did you appeal?

[diamondgirl]

Hi Scubadiver

When you send your letters make sure you don't use your usual signature on them (digital enhancement, copy paste that sort thing is know to be going on with DCA)

This DCA is nothing more than a bunch on morons. You will get their usual death threats and letters stating charging order, I've had them.

I understand a charging order cannot be give the go ahead until after it has been to court and I was under the impression that they can't have a charging order unless you miss court payments (may be wrong the law might have changed.)

If it got as far a court you would be able to claim they are intent on a charging order but that wouldn't be fair on your other creditors (I put that in my defence) and my case got struck out but they cocked it all up because they couldn't get their facts right, but anyway all this could be a long way off and we shall all cross that bridge when and if it happens.

DG:)

[miziwizzi]

Hi there,

 

no did not appeal, at the time did not know about these things or this site! A/L would not even enter into conversation untill they obtained the charging order.

 

I dare say I could of appealed etc but as I said at the time was unaware of such things.

 

We did not actually even attend court as we had been out of country and not received the paper work.

 

My CCJ is now paid therefore charging order is no longer valid, just 3 years of the CCJ being on file left, all I know is they are really quick to move.

[diamondgirl]

Yes must admit Link does move quickly them so called buying the debt to court papers being issued approximately 3 months. However their license has not been renewed yet and they've been ticked off over tracing people so who knows what may happen next to them perhaps they will send them back to the jungle to the monkeys can play in the trees. he he

DG:)

[clemma]

This info is wrong, things have changed and Im afraid Link can and WILL go for charging order straight away, I know from personal experience of CCJ in June then charging order in July! [/color][/font]

 

Link are a nasty company and Clemma is correct in saying deal with them ASAP.

 

good luck

 

Link cannot obtain a charging order if the CCJ payments, that the judge ordered are being maintained - a judge would simply NOT allow it. I got my charging order from them because I ignored the judgment.

[scubadiver]

thanks everybody for responding so quickly.

 

I have sent the CCA letter today and now await their reply. I scribbled my signature on the letter so I will know if it is a cut and paste job!!

 

I think i did receive a default notice, but i had more than one card with mbna so i will dig out the papers tonight.

 

Am I right in assuming that Link cannot proceed any further until they provide the information requested? or will/do they just ignore the law and continue with their threats?

 

Is it worth a "Subject Access Request" letter as well?

 

Best wishes to all.

[harrassed senior]

Hi, they may well try and keep pushing, but they have 12 + 2 working days to produce your alleged agreement and then the account is officially in dispute until if, and when they come up with the correct paperwork. If they issue Court Proceedings without having this paperwork, or without sending it to you, you are in a good, legal position, but more if and when they produce any paperwork.

 

If you want to send a SAR letter, this would need to go to MBNA.

[miziwizzi]

Link cannot obtain a charging order if the CCJ payments, that the judge ordered are being maintained - a judge would simply NOT allow it. I got my charging order from them because I ignored the judgment.

 

 

There have been several posts on here regarding the fact that you no longer need to miss a payment in order for a charging order to be made.

 

In addition to this, I know it to be the case as it has happened to me but just to elaborate here are 2 other posts on CAG.

 

 

To cut a long story short Northern Rock with the aid of Eversheds have a a CCJ against my wife for an unsecured loan. The following day after issuing the CCJ the court granted an interim charging order against our property, at final charge hearing on 15/4/09 the judge discovered that I as joint owner hadnt been served,so had not been given the opportunity to attend court with my objections. He also asked my wife to find out from original agreement if loan came under the Consumer Credit Act 1974 because this has a bearing whether on going interest can be added. He adjourned the hearing until 13/5/09.

 

 

Here is another

 

 

Hi can anyone please advise me. I received a CCJ for 1811.00 for Creation Store Card, this was apparantly granted at a court in Clerkenwell on 02/03/2009. I received this about two weeks ago.

 

A week later I received an interim charging order this was dated the 06/03/2009. They haven't even given me a chance to reply to the ccj and they went straight for the charging order?

[clemma]

Link cannot obtain a charging order if the CCJ payments, that the judge ordered are being maintained - a judge would simply NOT allow it. I got my charging order from them because I ignored the judgment.

 

Sorry, I should have said a judge would not allow it IF you defended it. The two posts quoted are by people that simply did not have the opportunity to defend. This seems to be the Link way. The first thing I knew of a charging order was when the Land Registry informed me.

 

I am now starting a battle to get this all set-aside and the charging order removed based on the knowledge I have gained from.

[miziwizzi]

Sorry, I should have said a judge would not allow it IF you defended it. The two posts quoted are by people that simply did not have the opportunity to defend. This seems to be the Link way. The first thing I knew of a charging order was when the Land Registry informed me.

 

I am now starting a battle to get this all set-aside and the charging order removed based on the knowledge I have gained from.

 

 

Yes agreed if defended it would not be allowed as I said above for me I knew nothing at the time so did not get chance to defend but let my case be a warning!

 

Will keep up to date with your attempt to set aside as I would like to do the same, good luck. x

[diddydicky]

you also need to send a SAR to mbna

[sleepingdog]

Hi everyone, just to add my bit about CCJs and charging orders. I got CCJ against me ordering me to pay by instalments, this I kept to but creditor then went back to court to get order changed to forthwith to allow them to put charging order against property ( fully documented). This I fought with success but Judge did tell me that he had allowed the change on many occasions. It is important to always attend court and challenge DCAs and OCs as Judges will allow charging orders to be placed if not defended.

sleepingdog

[diddydicky]

they would ONLY allow the change if the creditor was giving evidence that your circumstances had improved and you were not playing ball with the amount you were repaying (espciallyy if its a token payment on a very large debt)

 

also impossible to do without your knowledge unless you have moved home since the judgement and not informed them

 

of course it works both ways and you are always at liberty, if you circumstances deteriorate to go back to the court yourself and ask for lower payments

[sleepingdog]

Hi diddydicky, In my case the payments were on time and the creditor admitted so on the court papers , there was no change in circumstances either yet the creditor wished to get debt secured on property probably to get money sooner if I sold up, and as I said the judge in my case stated that he had changed quite a few orders in the creditors favour ,rightly or wrongly this has happenened as posted by others on this site who have been judged by someone who may not always make the correct decision.

sleepingdog

[scubadiver]

Good morning to all, (it was when I started typing)

 

 

I have rec’d another letter from Link, this time regarding Section 136 of the Law of property Act 1925, which appears to be the same as Evil Noodles (posted on here 7th May) although the amount is different - extracts below (thanks Evil Noodle)

 

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8577&d=1241726950

 

 

I am not sure which letter they are referring to as I have only rec’d their introductory letter and then one informing me that they had checked the land registry blah, blah, blah.

 

As I have CCA’d them, do I sit tight and do nothing or should I respond (I think I would be stupid to talk to them) but all of you more knowledgeable people may disagree.

 

They have tried to contact me at work and were verbally abusive to my colleagues on two separate occasions when I was unable to take their call.(i have his name)

 

At home when they called I was unable to remember where I lived or any personal details so they could “verify” me (memory loss, just getting old i suppose) and the chap then accused me of being very vague and awkward, I did suggest that he writes to me, he hung up!

 

Is it now time for harassment letters?

 

 

Thanks to all for your help and advice, Have a good bank holiday weekend........

[scubadiver]

In respect of CCA dates and time limits, am i correct in assuming that 12+2 means

 

12 normal days(from receipt) plus 2 working working days after that....

 

 

Also, sidetracking a bit, I have rec'd a couple of letters from Incompetent Jokers, sorry i meant Intrum Justitia regarding another alledged debt:)

 

They have got the account number wrong(oh dear).

 

Should I -

 

a. ignore it

b. tell them that i have never held an account with this reference

c. issue a CCA and then sit and wait for their response

d. immediately dispute it

e. any of the above -- if so in what order?

[diamondgirl]

What a pair of plonkers they are.

 

12 working days plus 2 for delivery as far as I know so 14 days from when you post it. So sit back and wait for their reply.

 

Send the harrassment letter out as well pointing out that you are not allowed to receive any further calls at your place of work as there abusiveness could cost you your job.

 

Well re Incompentent Jokers I think I's ask them to prove it after all the account no. is wrong so it can't be your account can it. If they can't get the account number right why should you do their job of them.

 

I would probably then CCA them later..

 

Have a good bank holiday

 

DG:)