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Link Claim Forms -MBNA debts


Prudence
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Hi All

We have been paying nominal payments to Link (ex MBNA debt) for years after a failed business. We stopped paying a few months ago and sent them a CCA request towards the end of August. A couple of days ago we received the attached document saying this now fulfils their obligations. Could you please have a look at it and tell me if this is the required document and what my next step should be? Many thanks

 

http://i55.tinypic.com/mj72c.jpg

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Hello Prudence

 

It looks like a 1998 Application Form, did you ever make a claim on the PPI ?

 

Did you ever receive a credit agreement containing all the terms & conditions for you to aquaint your self with and then sign if you agree?

 

How much is the loan/debt/account?

 

How much does the PPI amount to?

 

Do you know of any charges applied to the account?

 

Can you please post up any further details/info relating to your circumstances, that way we will be better positioned to assist you and determine whether or not grounds exist for a defence (if a defence is what you are looking for).

 

Kind Regards

 

The Mould

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Thankyou very much for coming back to me. No to the first question, and almost sure no to the second but I will have to dig out all my old paperwork for the rest and I will report back. Thanks again, Pru

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Prudence

 

How much was this loan/credit originally?

 

How much was the PPI?

 

Do you know if Link own this account/contract, did you ever receive a Notice of Assignment?

 

Loads more info required I know, but it will help us to help you.

 

Kind Regards

 

The Mould

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Hi, I have found some paperwork but not all of it. The balance is just over £4000. I know that MBNA did put an awful lot of charges on the original sum which I think was about £2-2500 I believe that MBNA were the only company who refused to freeze the interest when we first got into financial difficulties around 2000 (and still battling to clear our record). I don't know the amount of the PPI unfortunately. Shall I ask them to send me the records of the account?

I don't know if they ever sent a Notice of Assignment but on a statement of last year they give the 'Date Assigned' (2002)

 

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Hi All

We have been paying nominal payments to Link (ex MBNA debt) for years after a failed business. We stopped paying a few months ago and sent them a CCA request towards the end of August. A couple of days ago we received the attached document saying this now fulfils their obligations. Could you please have a look at it and tell me if this is the required document and what my next step should be? Many thanks

 

http://i55.tinypic.com/mj72c.jpg

 

Hi Prudence.

 

Not sure why this is in 'Legal Issues'. Hopefully, you're a long way from that :-). Or maybe not at all.

 

That's a pretty basic application form. Up to you, but i'd put the account in dispute. And fire off an SAR too. Still not sure if that will help if the account was sold over 6 yrs ago. All the letters are in the library.

 

Not a lot more to do for now.

 

M

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Thanks M. Sorry, was thinking that I would check if this 'agreement' is a legal document, hence 'Legal Issues' but wasn't sure between this forum & a couple of others!

 

One of our many financial problems was a sneaky CCJ from Welcome Finance and the record blights us to this day, despite going to court & getting it set aside, despite them not even putting up a defence and discontinuing in the end. I am so worried that another one of these companies is going to do this, or place a default on our record. We just can't take any more black marks!

 

How do I put the account in dispute- do I just write and say so?

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Thanks M. Sorry, was thinking that I would check if this 'agreement' is a legal document, hence 'Legal Issues' but wasn't sure between this forum & a couple of others!

 

One of our many financial problems was a sneaky CCJ from Welcome Finance and the record blights us to this day, despite going to court & getting it set aside, despite them not even putting up a defence and discontinuing in the end. I am so worried that another one of these companies is going to do this, or place a default on our record. We just can't take any more black marks!

 

How do I put the account in dispute- do I just write and say so?

 

Hi Prudence,

 

The link to the template letter is here >>>> http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

 

Adapt to suit.

 

Sorry to hear about your probs with Welcome. They're not a nice lot.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi Prudence.

 

Not sure why this is in 'Legal Issues'. Hopefully, you're a long way from that :-). Or maybe not at all.

 

That's a pretty basic application form. Up to you, but i'd put the account in dispute. And fire off an SAR too. Still not sure if that will help if the account was sold over 6 yrs ago. All the letters are in the library.

 

Not a lot more to do for now.

 

M

 

Thanks M - I will send the letter out. But in the meantime, is anyone able to say whether the Application Form they have sent me (in my original post above) would be considered a legal and enforceable Agreement in a Court of Law? Many thanks

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The document that has been sent to you doesn't appear to comply with the CCA 1974 (as amended), however, only a Court can decide if the said document is enforceable or not.

 

That may not be what you want to hear Prudence I know, in my opinion the document [is] an application for a loan or a credit facility, based on the said document it is not possible to determine precisely what contract exist (if any) and what the terms are to such contract, were you under any obligations and if so, what were your obligations.

 

My opinion that's all Prudence.

 

Yes, you want the full records they hold relating to the account.

 

Kind Regards

 

The Mould

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Thankyou I'll send the account dispute letter linked above and the SAR. By the way, they no longer feature on my credit report - can they suddenly reappear? Can another default appear or anything? Sorry to be a pest!

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Thankyou I'll send the account dispute letter linked above and the SAR. By the way, they no longer feature on my credit report - can they suddenly reappear? Can another default appear or anything? Sorry to be a pest!

 

Technically, no. The default should be on your record for 6 yrs, then drop off. They shouldn't be able to 'renew' it.

 

BTW, it is just an application form. It doesn't contain the prescribed terms, therefore unenforceable. Hence why they have failed to fulfill your CCA request and account now in default.

 

Hope tis helps.

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Thankyou very much M. By the way, I forgot to scan the back of the 'Application Form' (link below) which has Financial and Related Conditions. It says at the start 'this credit agreement'. Does this make a difference, or is it still just an app form?

 

http://i52.tinypic.com/2ez5o93.jpg

 

Pru

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Id be grateful if someone could confirm whether or not the terms and conditions on the back of the Application Form make any difference to its legality? M said that it doesn't contain the 'prescribed terms' but I had forgotten to scan the back of the form which has some 'Financial Conditions' (See link in my last post). Many thanks, Pru

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Thankyou very much M. By the way, I forgot to scan the back of the 'Application Form' (link below) which has Financial and Related Conditions. It says at the start 'this credit agreement'. Does this make a difference, or is it still just an app form?

 

http://i52.tinypic.com/2ez5o93.jpg

 

Pru

 

Sorry. Almost missed this :oops:

 

Will depend on a couple of things. Pretty sure there has to be a definate link between the pages. So do you think they are the T & Cs for that front page? And does it contain all of the required info?

 

Have a look at this thread >>> http://www.consumeractiongroup.co.uk/forum/showthread.php?162851-Consumer-Credit-Agreements-a-guide-to-enforceability&highlight=

 

And if you don't find the answer you're looking for there then try posting your agreement up in this thread as quite a few look in on it >>>>> http://www.consumeractiongroup.co.uk/forum/showthread.php?105315-Is-My-Agreement-Enforceable-Useful&highlight=agreement+enforceable

 

M

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Hi

I sent out the SAR and Account in Dispute letter and this morning received another copy of the application form and copy of the 'Financial & Related Conditions' supposedly from the back of the form. The letter states "where this request was made under Section 77 or 78 of the Consumer Credit Act 2006 this document fulfils our obligations". No reference at all to the SAR or the account in dispute letter. The other letter is a more polite chasing letter & saying they will if needed pursue through my local co court.

I would be grateful if you could advise on the best next course of action. Many thanks, Pru

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  • 1 month later...

A couple of weeks ago I received a wad of paperwork, presumably an attempt to respond to my SAR request, which was basically a list of every little action that had occurred on the account only since it has been in their hands. What do you recommend I do now? This isn't in compliance with my request is it? And I can't tell from this whether PPI was paid or not?

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I will have to have a dig about to see if I can find any old paperwork for them. Would the paperwork I received from Link be considered in compliance with my SAR request? It only dates back to when they took over the debt. I am very wary of these people, I don't trust them and before my request they were becoming very demanding. I want to make sure I am handling it correctly! Thanks again, Pru

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