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plumpy

Link - Mbna - Help Needed :(

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Hi,

 

Hoping someone can give me a bit of advice??

 

Had a debt with MBNA that has now been sold on to Link Financial. Value is less than a grand.

In phone calls, I have asked whether I can start paying the balance off monthly, I have submitted an Income and Expenses form with all my incomings and outgoings and what I have left at the end of every month (not a lot) and they have said that they are unable to facilitate this? They then asked whether I could raise the lump sum from friends or family members, to which I said no as that is not an option for me. They then said that really my only other option is to take out a loan to pay the balance, something I do not want to do, and due to my somewhat poor credit history something that would be difficult for me to achieve anyway.

 

I have told them this, and I have now been told that my account will now be passed on to one of the managers for further action, who apparently probably won’t look too kindly on my situation as I “haven’t explored EVERY possible option to raise the lump sum” by not taking out a loan.

 

I’m pretty sure according to OFT guidelines they shouldn’t be pushing me to take out more credit. Why will they not let me pay the balance monthly? And what do they mean by “further action”?!

 

I’m quite worried, as I really don’t want this to escalate. If anyone has any advice at all it would be really greatly appreciated J

 

Plumpy x

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Hi Plumpy & welcome.

 

Yes they are in breach of OFT guidlines. Report them to OFT.

 

Do not let them pressurise you into taking a loan or getting money from family & friends. As you have given them an I&E you have been more than be accommodating and have offered them a monthly payment.

 

Is this debt enforceable, send of for your CCA. I did this for other half back in april haven't heard from link since and the account is now in dispute and he isn't paying a penny:p

 

 

 

I'm no expert but sure someone will come along who is more experienced than I.:)

Edited by joemay

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Hi joemay,

thanks for replying :)

How do I find out if the debt is enforcable? and what is a CCA? This is all very new to me... :S

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First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


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I would also suggest you keep everything in writing from now on.

 

If you talk to them on the phone, you will just get more of the same nonsense.

 

Cheers

 

david

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Hi plumpy , Link are all to quick to get a court order if they can ( preferably by default), yet if they think that you will contest everything they throw at you they seem to be less likely to do so . Do not speak to them over the phone , always challenge anything they tell you as they are likely to try to bully and mislead you, many others on this site are wise to link and to MBNA ,always ask for help if you are unsure as both MBNA and LINK are disliked by many with good reasons.

sleepingdog

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Oh dear, here go Link breaking all the rules and OFT guidance again. They seem to think they are above that. The advice you have been given is sound. Do not speak to them. Remember you are just a number, there is nothing personal about this so comments like "may not look so kindly" are just scripted and intended as stick an carrot. It's all a negotiation and they are well trained to exploit the uneducated. If you speak they will assess what you know and play you accordingly. If you deal in writing only you can have the upper hand and you can get advice on what you should do, but they will do all they can to get you on the phone, so don't play their game. Remember, it's all about bucks. They are seeking to maximise return on a business purchase. You do not matter to them, only profit does.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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