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Help with Link Financial

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Hi, I wonder if anyhone can offer some advice for me.

 

Acting for a friend of mind who had issued with MBNA/Link it was confirmed by LINK in a final response to a complaint dated 9th Oct 08 that they had requested a copy of the CCA from MBNA and that the was on hold 'until the situation can be resolved'

I raised a complaint with FOS regarding this and the fact that the DN was invalid as it only gave 9 days to remedy. The FOS basically came out in LINKs favour (not surprising) in June. Suddenly out of the blue my friend has received from LINK financial a personal budget plan to fill in and return. I would be inclined to ignore this, however as they haven't come up with a CCA even after sending the 12+2 letter, has they breached anything regarding continuing or resuming chasing a debt that they cannot enforce.

Many Thanks

Ian

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Have you sent the account in dispute letter? (Can someone put the link to the letter in please!).

 

They have no legal right to any information, so tell them to take a jump, only a County Court has the power to information to your finances not them.

 

Also report them to OFT/TS. Hope this helps somewhat.

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Report them to the oft and trading standards for chasing the debt while in default of a cca request. I would also be inclined not to fill out the budget plan. But a word of waring link do seem to have a tendancy to railroad action through the courts

Edited by dcakiller

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Thanks for the advice. They will not be getting the budget sheet back, well filled in anyway. I can take care of the court issue (after receiving good avice on here!) Does anyone have a link to complaint to the OFT? Our local trading standars is pretty useless.

Thanks all

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Send an email to enquiries@oft.gov.uk (it's the only address I can find). They will respond saying they cannot comment on individual cases. However, your complaint will be logged with them and put on file - the more people that complain the better!

 

Definitely do NOT send back the I&E - they are not entitled to it, regardless of what they say! Report them to the ICO as well for their dodgy DN. If you already have, then just hope that they terminate the account ;)

 

If you need the dispute letter for lack of CCA then send this:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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 is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

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 78(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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Thanks ever so much for the link and advice (they had that letter months ago!)

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Link have today sent s statement of account for this matter, shall I now send them (again) the letter that clemms suggested above - I will complain to the OFT and the information commissioner (for the dodgy default notice)

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I think Link are sending out all their statements of Account now, as I have had two, having not heard anything from them for over a year on either account


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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You could do - although it's a waste of a stamp really. Just complain about them for now. If they start getting a bit shirty with you, then you can send another suitable letter off to them then.


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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