Link Financial and MBNA Card debt

[HP Mum]

An update - 3 years later !!

I have had NO contact from mbna or Link since December 2010.

 

However - I have just checked my Experian Credit Report - and Link (mbna) have registered the alleged account in default.

Default date of end 2008.

 

I don't want to open a can of worms and get talking to Link again really - but I very importantly need to improve my Credit Report.

Who do I write to and how do I get the Link Default removed immediately from my Report ???

 

I did write to Link 3 years ago the following:

DataProtection Act, section 10.

Pleasenote you may also consider this letter as a statutory notice under section 10of the Data Protection Act to cease processing any data in relation to thisaccount with immediate effect. This means you must remove all informationregarding this account from your own internal records and from my records withany third parties and credit reference agencies.

Pleaseconfirm that you have complied with my request under section 10 of the DataProtection Act.

Clearly Link paid NO attention.

They can not collect on the debt, yet are ruining my credit rating by posting this on Experian. I have not checked any other Reports, but assume it is on others too.

Advice on how to handle this is greatly appreciated. Many thanks

[HP Mum]

Any thoughts ?? Anyone ??

is there a template somewhere ?

[HP Mum]

Will this do as a letter ?

And is there any action I can take when a dca is in breach of Section 10 ????

 

Dear Sirs,

Account no / Your ref

 

You are in possession of my previous correspondence dating back to 2010 - I gave you StatutoryNotice - under Section 10 of the Data Protection Act to cease processing any data in relation to the account named above with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any third parties and credit reference agencies.

 

You are currently in breach of this Notice. Please ensure that ALL information regarding this account is removed from ALL credit reference agencies and other third parties and from your own internal records, as requested.

Please the confirm that you have complied with my request undersection 10 of the Data Protection Act by return letter.

Yours,

xxx

 

Yours sincerely

Edited January 11, 2014 by HP Mum
typo

[Dotty50]

Hi HP Mum,

 

There doesn't seem to be as many caggers around like there used and I guess some that were subbing to this thread three years ago have unsubscribed because there hasn't been any further postings from you. I'm still subbing to most of the original one's when I joined CAG and rarely get any notifications from them.

 

I came to the conclusion that eventually the DCA's just give up and move on to someone else who gives them less grief!

 

Then you get the odd one that comes out of the woodwork and chances their arm again. Is it coming close to being statute barred by any chance?

 

I'm not an expert on CRA's, however I think if the debt has been purchased in full from the original creditor, then the new owners do have the authority to continue updating the the agencies.

 

Maybe someone else will come along and advise differently or agree with me.

[Dotty50]

So where is anyone?

[HP Mum]

Afternoon

 

I am trying to tie up loose ends.

I have heard nothing from mbna or Link for years.

I never acknowledged the debt and I sincerely doubt it was enforceable or they would have taken me to court by now.

I sent Link/mbna a: S10 Notice To Cease Processing of Data

But they have still added this debt to my CRA file.

What can I do now ?

 

The default date was very end 2008 - so it will be statute barred end of 2014 (I think).

But I need a better CRA now.

If I write to them - what kind of strong letter/formal legal letter do I need to write to ensure they remove their details from my name.

Or do I just send another S10 ?

 

Any thoughts ?

Thanks

[HP Mum]

The mbna account that was passed to Link is listed as a default December 2008.

Does this mean that from December 2014 it is removed from my CRA file (Experian) and is also statute barred?

 

I have heard nothing from Link all year....

[john1975]

think your threads on my case are getting deleted

[HP Mum]

Hi john1975 - they are indeed !!!!

 

However, whilst you are on here - have you read up on the CPR process?

 

I was completely amazed at the wonderful advice I received on this site at a very fearful moment

- when a Notts Claim (on behalf of Halifax) had been issued to me.

 

The words CPR meant nothing to me then.

 

 

But 6 weeks later when the Claimant decided not to pursue the Claim I was super grateful some wonderful people

had held my hand thru the whole step by step process.

 

 

I may be 5 years out of date with some of the amendments but following this path certainly worked for me then and I hope it does for you.

[dx100uk]

no we don't delete anything like that

its good info but sadly out of date

its on one of HP mums other threads.

 

 

jon you need to concerntrate on your claim.

 

 

CCa is the way to go

as its a LEGAL REQUIREMENT for them to reply

CPR can be totally ignored

 

 

dx

[HP Mum]

A Default in December 2008.

Does this mean Statute Barred December 2014 ?

 

Or does all the silly communication with Link & mbna trying to prove unlawful sale to dca and account in dispute etc prolong the time before the debt becomes statute barred??

[dx100uk]

theres never any direct link between the defaulted date and the SB date

whatever 'they write' cannot alter SB.

[HP Mum]

I just thought I would update this thread.

 

 

mbna disappeared off my cra end 2014.

Neither a dca (Link) nor mbna have written since.

So whilst I didn't have to fight mbna in court, the account is SB now - So I guess it would be correct to say I won !!