Link - MBNA

[diddydicky]

not 14 straight days though - if the letter is posted say on a friday then the 12 day clock does not start counting until the following wednesday, check the diary

[diddydicky]

suba diver

 

i would reply in one sentence only with the sentence you quote in b/ but without the first three words (and don't sign it)

[wilko1]

I would like to add my experiences of charging orders.

 

I admitted a debt and a CCJ was recorded against me. I always paid what the judge had said I should. The creditor took me to court again for a charging order, I defended it but the judge ruled in the creditors favour and a charging order was placed on my house. At the time I was on benefits, my circumstances hadn't changed and I always paid what I was supposed to.

[diddydicky]

what was the debt for and how much?

[wilko1]

what was the debt for and how much?

 

It was a credit card debt for 18K.

 

From my own bitter experience I know that charging orders are granted even though the debtor is paying a CCJ

[diddydicky]

what were the monthly court payments?

[angry cat]

The Office of Fair Trading: OFT warns debt sector about tracing tactics

 

7. The fact that requirements have been imposed on Link appears on the consumer credit register. Download a copy of the requirements imposed (pdf 45 kb). We will monitor Link's compliance with the requirements. Any complaints about non-compliance should be sent to:

 

Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

[email protected]

 

 

AC

[angry cat]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited-42.html

[wilko1]

£11/mth

[diddydicky]

thanks,

 

in normal circumstances the courts will not issue charging orders simply because the creditor asks for them, especially when payments are being kept

 

however, as i suspected the argument s put forward b the creditors would undoubtedly have been to the fact that at 11 per month it would be 60 years before the debt was repaid and the chances quite high 9if not 100%) that before than time you would have disposed of the property!!

 

I'm not siding with them - i was just curious as to why the order would have been granted given that the payments were being made

[sleepingdog]

Hi diddydicky, you are right in your thinking, in my case the creditor did not like the fact that it would have taken 44 years to repay debt at the monthly amount agreed by the Judge at the CCJ hearing ( but I did state that in the not to distant future I would be able to pay in full). At the second hearing the Judge said that nothing had changed and threw the case out but told me that he had granted the creditors wishes on other occasions mostly when not defended.

sleepingdog

[scubadiver]

good evening to all,

 

i have rec'd a response from Link regarding the CCA letter and "because they do not always hold the documentation, they have requested a copy from MBNA." They go on to advise me that this can take up to 30 days.

 

I thought it was 12 +2 days, no extras.

 

Do I now send a dispute letter to confirm my position just in case they try anything else and I am thinking that if i send one, it could be produced later if required.

 

any thoughts or comments greatly appreciated...

[scubadiver]

i have found this on another thread (thanks to 42man) and was thinking of sending it when their 12+2 days is up, any thoughts anyone?

 

 

Account In Dispute

 

Ref: xxxxxxxxxxx

 

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**.

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[diamondgirl]

If its now over the 14 days I would personally would send the dispute letter that way you are showing them that you know what your talking about. With me they produced an agreement for years before the date they said on the court papers I knew they didn't have anything in writing for the date they claimed.

DG

[scubadiver]

good morning Diamondgirl

 

thank you for the reply, they have a couple of days before their time is up, my thoughts were to send it the day after that and then just sit back and wait for a response...

[diamondgirl]

Good Morning Scuba

 

What a nice day it is last day of freedom for me today I've actually managed to get a job - goodbye JSA.

 

Yes I would send the dispute letter the day after as you say and sit back and see what they can produce.

 

MBNA don't seem to have a good record from what I read on the forum and the monkeys are just as bad but a lousy co. to deal with. A weaker person would just give in to them I know how it has affected me.

 

I've not heard from them for a few weeks now so I assume they are trying to plot something. They've probably run out of bananas to throw and dummies to spit out so I suppose they've only got their feet to stamp and go stand in a corner and throw a tamtrum.

 

Have a nice day while the sun is shining.

 

DG:D

[scubadiver]

diamond girl,

 

congratulations on the new job, I hope it all goes well...

[joemay]

Good Morning Scuba

 

What a nice day it is last day of freedom for me today I've actually managed to get a job - goodbye JSA.

DG:D

 

Yes congratulations DG, hope your first day went well:D

[diamondgirl]

Yes congratulations DG, hope your first day went well:D

 

Unfortunately it appears after 8hours not to be the most fantastic of jobs, I'm still going to look for something better I might be round the twist by the end of the week.

DG

[scubadiver]

DG, hope your second day is better than your first - keep smiling...

[diamondgirl]

Well day 2 wasn't that much better. Anyway it's a debt elimination co. so they say. They charge you a percentage of what they get written off for you but you have to go into a DMP with them. They do PPI for you as well if you want to go down that road. Got to be given a talk through about how the debt works - as if I need to be told that. At least it's NOT a DCA. Won't go into it too much just in case they read this site, you never know. It's a job but I'm still looking.

DG

[scubadiver]

Good evening to all,

 

Just a quick update on recent events. CCA time limit ran out a couple of weeks ago so I sent the "account in dispute" letter along with the telephone harrassment letters (they seem to have worked, no more calls at home or in the office).

 

I have now received a letter from them acknowledging my complaint (what complaint?) and that they will contact me within the next 4 weeks.

 

Apart from that all has been quiet.

 

Thank you to everybody for your help and assistance, i'm sure that this is not the end of the matter but at least the phone has stopped ringing.

 

DG, I hope the new job is going well and you are settling in OK.

 

Best regards. . . . . . . . . .

[diamondgirl]

"DG, I hope the new job is going well and you are settling in OK."

 

Hi Glad everything is going well with you.

 

New job is absolutely xxxxxx well I can't put it here otherwise it will get editted out.

 

DG:)