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WAG6021

Link Financial/mbna

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Hi Everyone

 

I have had along standing battle with Link Financial/MBNA regarding a Credit card debt for a credit card I took out in 2005.

 

I am happy to tell you that the case went to court last month and I won, I had the case dismissed on various grounds, via the terms of the CCA 1974.

 

Due to the terrible way I was treated by both companies I would love to help anyone who has any problems with above 2 companies via the experiences I have had in winning this case.

 

PS the claim was for £6536

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Hi and welcome to CAG

 

What an excellant result :)


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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The first thing you need to do is send off for a copy of your agreement which you can find here (enclose a £1 postal order and send recorded/guaranteed) - LETTER 8 here - The Consumer Forums - Debt collectors They have to provide this within 12+2 working days of your request, if they don't then they slip into default of your request and a debt is unenforceable whilst they are in default.....You are supposed to receive notices of assignment from the original creditor and also an assignment note from the debt collection agency....a SAR to GE might be a good idea too (unfortunately this costs £10 (again send postal orders and send recorded/guaranteed to the Data Compliance Manager at their head office) but it might be £10 well spent) - you can find the SAR in the link above NUMBER 11


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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There is also a good chance that a number of excessive penalty charges have probably been added to the account also.....!!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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And is it possible you can scan/photo the default notice up here (minus the personal details, amounts, reference numbers) so we can take a look to see if it is compliant ?


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi Everyone

 

I have had along standing battle with Link Financial/MBNA regarding a Credit card debt for a credit card I took out in 2005.

 

I am happy to tell you that the case went to court last month and I won, I had the case dismissed on various grounds, via the terms of the CCA 1974.

 

Due to the terrible way I was treated by both companies I would love to help anyone who has any problems with above 2 companies via the experiences I have had in winning this case.

 

PS the claim was for £6536

 

I shall be interested to learn more about the details of your court action with Link/MBNA and what you believe persuaded the court to dismiss the case.

 

I am in a similar position insomuch as I am being pursued by Link who claim they have purchased a debt from MBNA. I have CCA'd them and have not received a valid agreement, but merely a bodged, poorly executed photostat of an application form which has been copied and pasted onto another sheet along with Ts and Cs. I have received no formal notice of assignment and MBNA have failed to produce a notice of default, prior to allegedly selling the debt to Link.

 

If you wish to message me privately I am happy to go that route.

 

Regards,

 

Stupot59

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The court will not accept a cut and pasted copy of the CCA, one of the points on which there case failed was they were unable to produce a clear and understandable copy of the Creidt card agreement. The other point you brought up about the default notice MBNA were unable to provide a copy of there default notice and the court will not allow heresay evidence ie if MBNA say they have defaulted you they have to provide a copy of the default notice in court. At this point I would not tell LINK about this fact or a default notice might mysteriously appear send a SAR to MBNA and get your personal file if there is no default notice then they have no cas e against you. Also if LINK have issued a default notice check the validity of it

 

Hope this is of help

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Hi wag6021

 

Could you outline on the points that you successfully had your case dismissed.

I am currently in a similar situation – No Default Notice, CCA, Account Statements.

 

Hi Everyone

 

I have had along standing battle with Link Financial/MBNA regarding a Credit card debt for a credit card I took out in 2005.

 

I am happy to tell you that the case went to court last month and I won, I had the case dismissed on various grounds, via the terms of the CCA 1974.

 

Due to the terrible way I was treated by both companies I would love to help anyone who has any problems with above 2 companies via the experiences I have had in winning this case.

 

PS the claim was for £6536

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