MBNA - Link County Court Claim - ** CASE DISMISSED**

[The_Grumlin]

I agree with funkyFox here, the two documents images supplied obviously come from two different sources one microfiche and one probably a file copy they send to all CAG'ers who challange them. The creases will be similar as that is they way all document would be folded to go into envelopes.

 

Do the provided documents have all the prescribed terms to make it enforcable?

[robcag]

Hi manc1976

 

Do the 2 'assistance' '0800' telephone numbers on the 2 documents match (as I can't quite make out some of the digits on the application portion)?

 

Good luck with this

Rob

[manc1976]

Thanks for the replies

 

The 2 0800 numbers are the same

 

It is possible that it is a microfiche copy as I first thought, but I have doubts as it is a very good copy and normally they aren't !

 

I do believe that all of the prescribed terms are there too as I mentioned in post 12

 

Am in 2 minds as to how to play this, I suppose I could request a SAR and see if they come back with the same documents.

[Hopeful1]

Hi Manc

 

If you're not sure about the enforceability i wouldn't take any risks. Creditors / DCAs are a bit too quick to start legal proceedings at the moment. I am curious as to how this could be enforceable when usually the old ones aren't, but hey!

 

I can't remember if it's been said, but are there any charges on the account that you could reclaim?

 

There's a link for a full S.A.R here.

[manc1976]

Ok, here is a question

 

If they did end up taking us to court, I am assuming it would probably be to get a CCJ against us. Would we actually HAVE to go to court itself or could you just send in a defence without appearance?

 

The debt is my OH's and doesn't want to set foot inside a court, whereas if it was my debt then I would not have a problem going.

 

The most we could pay them is £40 a month as we have other creditors to pay and would show this by submitting an Income & Expenditure sheet.

[Hopeful1]

Ok, here is a question

 

If they did end up taking us to court, I am assuming it would probably be to get a CCJ against us. Would we actually HAVE to go to court itself or could you just send in a defence without appearance?

 

The debt is my OH's and doesn't want to set foot inside a court, whereas if it was my debt then I would not have a problem going.

 

The most we could pay them is £40 a month as we have other creditors to pay and would show this by submitting an Income & Expenditure sheet.

 

Sorry, i'm hope i haven't caused unecessary worry with my last post. Has court action been started?

 

I think if your OH is worried about court, i would take action sooner rather than later. Write to MBNA and make an offer of repayment. Make sure it is an amount you can easily afford and state how often you will make the payment. In the meantime, start making those payments anyway. If they do try to take any further action it will make them look unreasonable.

 

By doing this, it doesn't mean you can't keep looking for opinions on the documents you've been sent. If it is established at a later date that it is unenforceable then you can have a rethink.

 

Get the S.A.R off as soon as you can too.

[manc1976]

Sorry, i'm hope i haven't caused unecessary worry with my last post. Has court action been started?

 

I think if your OH is worried about court, i would take action sooner rather than later. Write to MBNA and make an offer of repayment. Make sure it is an amount you can easily afford and state how often you will make the payment. In the meantime, start making those payments anyway. If they do try to take any further action it will make them look unreasonable.

 

By doing this, it doesn't mean you can't keep looking for opinions on the documents you've been sent. If it is established at a later date that it is unenforceable then you can have a rethink.

 

Get the S.A.R off as soon as you can too.

 

Don't worry, you haven't cause me any worry with your last post, I really appreciate yours and others help on this forum.

 

Court Action has not started, but I have a feeling that Link may start soon if I dont respond to them.

 

When we started working on the 18 Creditors we had, my OH said that she would rather not go to court as she would be scared, whereas if they were mine then I wouldn't be bothered.

 

We are paying Link for another debt that IS enforceable and they were reasonable with me on the phone as I was recording the call.

 

I will send them a letter and make an offer of £20 per month for now and see what they come back with, whilst sending a SAR to MBNA to get all of the agreements and charges etc. and then take stock of what we have.

 

Thanks again for your help

[Hopeful1]

That sounds like a good plan. As i said though, start making the payments anyway, regardless of whether they accept or not.

 

I can understand your wife's concern it is very daunting. HFC are taking me to court and i am doing everything in my power to avoid it without throwing in the towel completely!

 

Let us know how you get on

[babybear39]

Reassure your wife that if it ever did get to court, proceedings aren't scary as long as you prepare well and the court staff are friendly and helpful. They don't judge you or treat you like a criminal, 'cos you're not. Being in debt is not a crime.

[FunkyFox]

Reassure your wife that if it ever did get to court, proceedings aren't scary as long as you prepare well and the court staff are friendly and helpful. They don't judge you or treat you like a criminal, 'cos you're not. Being in debt is not a crime.

 

..and sometimes it can also be almost enjoyable. Please be assured that in most cases the 'solicitors' that get sent by the creditor are certainly no Rumpole of the Bailey, infact in my experience they are usually, unproffesional, unprepared, misinformed and uneducated on matters relating to the Consumer Credit Act. On a number of occasions I have seen the shear frustration and even contempt on the face of a DJ at the bumbling mess in front of him, blushing and madly shuffling papers in a vain attempt to make it look like he knows what on earth it is that he is searching for but seemingly cannot find. In most cases they won't have read your file before they show up.

 

It almost makes it all seem almost worth it!

[robcag]

Hi manc1976

 

I'm not an expert so I don't want to give you false hopes, but I think a couple of other things which might be relevant should this get to the court stage are;

1. Default Notice. Presumably your OH has received one sometime in the past? Has she still got it and is it compliant? If you still have the original it might be a good idea to post it up here for opinions on it's validity (leave dates intact but remove name and acc number).

 

2. Notice of Assignment. Was this provided and was it sufficient for Link to rely on in court?

In my own case the opposition (HFC, now famous for dodgy default notices) had to discontinue their action against me because they were relying on a DN which Paul (pt2537) had spotted was non-compliant.

 

If you don't still have the above documents then your S.A.R - (Subject Access Request) should turn them up, although it has to be said some unscrupulous creditors (HFC is one) have been known to change (forge) the dates on copies produced at a later dater (which can be proved by several CAG members comparing with their originals).

 

Cheers

Rob

[ashmk]

Can someone explain what happens if the terms and condidtions are on a seprate sheet. What is needed, what makes the CCA valid or invalid ?

Im a little confused when people say is unenforcanble when terms are seprate.

Thanks.

Sorry to hyjack

[cashins]

On agreements of this age the require terms had to be within the 'four corners' of the agreement, not a seperate sheet.

 

If they were actually on the reverse of the ag - this could be so however, they would need to show this was actually the case and if they don't have the original - they have a problem.

 

David

[tor1977]

Hi all,

 

A question from what I have read here. Does the age of the CCA make a difference as to how it is? I am a bit clueless as to these matters.

I got a Virgin/MBNA card in 2005 and can't actually remember what (if anything) I signed besides an application form. I have gone into this in more detail here:

 

/debt-collection-industry/44578-rma-nco-debt-collectors-20.html

[Brassed off]

Hi Tor and welcome to CAG

 

You really need to start your own thread. If you're not sure how, have a read of The Dummies Guide below:-

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Give us a little more detail on your situation so that we can give you the correct advice.

 

I see that you have a problem with RMA/NCO, who are rather "popular" on the DCI forum

 

Once you've started your own thread, you can ask all the questions you need answers to

 

Good luck

 

Bo

[tor1977]

Thanks for that. I'll do that now - well try to anyway. lol

[Brassed off]

There's quite a lot of reading to do on the Dummies Guide but well worth it - I just wish it was around when I first joined CAG

 

If you need advice quickly Tor, just click on the link at the top (and bottom, from memory) of the DCI forum which says "New Thread" and you're away

[tor1977]

Thankyou brassed off. I have done that now. I think I have done it right *crosses fingers*

[Brassed off]

Apologies for the mini-hijack Manc

[djweeble]

I've just had a quick read through this topic, and I noticed that the OP stated at the beginning that the account was over 7 years old, as is shown on the "alledged" agreement.

 

No further mention has been made of this... SO, when was the last payment ?? Have you actually made any payments to them ??

 

Maybe the agreement is irrelevent, the account could turn out to be statute barred ??

[manc1976]

Hi manc1976

 

I'm not an expert so I don't want to give you false hopes, but I think a couple of other things which might be relevant should this get to the court stage are;

1. Default Notice. Presumably your OH has received one sometime in the past? Has she still got it and is it compliant? If you still have the original it might be a good idea to post it up here for opinions on it's validity (leave dates intact but remove name and acc number).

 

2. Notice of Assignment. Was this provided and was it sufficient for Link to rely on in court?

In my own case the opposition (HFC, now famous for dodgy default notices) had to discontinue their action against me because they were relying on a DN which Paul (pt2537) had spotted was non-compliant.

 

If you don't still have the above documents then your S.A.R - (Subject Access Request) should turn them up, although it has to be said some unscrupulous creditors (HFC is one) have been known to change (forge) the dates on copies produced at a later dater (which can be proved by several CAG members comparing with their originals).

 

Cheers

Rob

 

Hi Rob

 

I can't remember seeing a Default notice and am almost positive that there wasn't a Notice of Assignment

 

I will SAR them and see what comes back

 

Thanks for your help

[manc1976]

I've just had a quick read through this topic, and I noticed that the OP stated at the beginning that the account was over 7 years old, as is shown on the "alledged" agreement.

 

No further mention has been made of this... SO, when was the last payment ?? Have you actually made any payments to them ??

 

Maybe the agreement is irrelevent, the account could turn out to be statute barred ??

 

Hi

 

We last made a payment about March/April this year as we were on a DMP with CCCS, so it is no way SB'd

 

Thanks for the thought in replying

[manc1976]

Got a letter from Link today

 

I will reply to them to say that the reason why payments stopped because of their failure to comply with my CCA request.

 

Now that they have I shall make the next Payment in October at what has been previously agreed.

 

Any comments???

 

[babybear39]

Send them this courtesy os SP:

 

Dear Parasites

 

I refer to your letter dated xxxx in which you state: We are unaware of any legally valid reason for non-payment of the above debt or of a reasonable offer being made. We are therefore considering whether we should issue a SD under the Insolvency Act 1986"

 

Your default relating to the formal request I made on (date) pursuant to s.77/78 of the Consumer Credit Act 1974 is an entirely legal reason for non-payment. Your demand for payment is, for the same reason, unlawful.

 

I trust the situation is now clear. If you do not understand, you should seek professional advice.

 

Find enclosed a Notice pursuant to s.10 of the Data Protection Act 1998.

 

And enclose this:

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

 

Amend to suit etc...

[manc1976]

Thanks BB

 

But because the documents that they sent me DO look enforceable I was going to pay them until I can find anything that shows that it is un-enforceable, so the above letter doesn't really fit, but I hope that you prove me wrong