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Help with MBNA & LINK


flaminscoty
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Hi all

 

I took out a loan with MBNA that went into default

 

Pay Plan were paying them off for me then I decided to fight the so and sos.

 

I think that the original cca was taken out before June 2007 and there are no enforceable proscribed terms etc.

 

There was PPI covering this loan and MBNA did not deal with that before default.

 

So should not have been sold onto Link in the first place.

 

I have sent of a letter to link with my £1 postal order asking for copies of original CCA.

 

got a letter from link saying they are contacting MBNA for CCA.

The letter goes on to say send the £5 should be ten pounds but they will take £5 to send on copies of all paperwork they hold etc.

The letter then says that the are not legally responsible for anything to do with PPI

and direct me to take this up with MBNA!

 

MBNA say nothing to do with them go back to LINK!

 

AS far as I can see Link are now legally responsible for the debt as the purchased it from MBNA and their first letter says that they are legally entitled to chase this debt through the courts for enforcement!

 

So can anyone tell me the legal position here as I am going to complain to the FOS!

 

I think link purchased the debt and are now responsible if I make a claim against them......

 

flaminscoty.

Edited by dx100uk
clarity
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have tidied this thread

 

if you are wanting to reclaim the PPI

 

your issue is with the OC [MBNA] not link

 

are link chasing you for money as well?

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you DX for helping me.yes Link are threatening court action and are quite prepared to lie cheat and do anything illegal to get their pound of flesh you will find that I have had to deal with this **** before and this time I am NOT going to let them getaway with it!As far as I know link Financial are now the legal owners of my debt and like to send threatening letter that say they are the legal owners of my debt, but when I say fine you are legally responsible for my claim against MBNA as they purchased my debt!Can any one tell me what the legal side of all this amounts to?Flaminscoty.

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Here's my take on things for what it's worth!

 

PPI needs chasing with the OC, not Link.

 

Link need to prove the debt to you so I would send the Prove It letter to them. If they can't, place the account in dispute telling them any further collection activity is illegal until the dispute is resolved. Until they can do that, whatever they threaten, you really have nothing to say to them.

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if you have cc'ed link and they have failed to respond in 12+2 working days

 

then fire off the account in dispute letter / failure to respond letter to link

 

and forget about them.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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