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Hi

 

Can anyone suggest my response if any to the following letter received from Link regarding my old MBNA credit card account - i am a bit confused!!!

 

'unfortunatley at this time we are unable to supply you a copy of your agreement however the 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 commisioners office have also made it clear that if a default on a credit file 'accuratley reflects the payments on the account' then the fourth principle of the data protection act 1998 has been complied with and therefore the continuation of reporting the account acceptable. They also state:

 

The failure of a creditor to produce a copy of the signed credit agreement is not, on its own, evidence that your debt does not exist or that it is not 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 mean the account is unenforceable and should be deleted from your credit file. The payments you have made towards your account and the offer letters you have sent are proof an agreement exists.

 

ANY FEEDBACK ON THIS WOULD BE APPRECIATED

 

MANY THANKS

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