MBNA-Link Finance, what do I do Next?

[SamVimes]

Hi to all.

 

I would be grateful if anyone could advise me as to what would be my next step regarding Link Finance as I seem to have run out of ideas of my own.

 

I was on a debt managemant with Payplan and was making pro rata payments to my creditors via them. One of my creditors was MBNA for a credit card with a balance of approx £2800. In January 2009, whilst checking my Payplan payment summary, I noticed that MBNA was no longer on my list of creditors but five payments of the same amount were now being paid to a company called Link Financial, who up to this point I had never heard of. Payplan were of no use, they claimed that they were unaware of any changes to my creditors or my circumstances, MBNA would tell me nothing oher than they had sold the debt on.

 

I finally managed to get in touch with Link, who had been silent up till this point, and thats when the trouble really started. They have since been threatening and abusive.

 

I followed the advice that I have read on here. I first sent off my £1 and requested a true copy of my CCA agreement. After two more leters informing hem hat they were in default, I received a letter claiming to be a holding letter saying that they had trouble in locating my paperwork.I replied saying that this was not acceptable and claimed that the reason they could not find the CCA was because one did not exsist, therfore I would not acknowledge any claim they made against me and that any legal acion would be vigourusly contested, I also stopped payment to them. Two days later I receive a letter form Link saying they had enclosed the document that I requested and they had fulfilled their obligation to my request. The document they enclosed was a very clearly worded credit card application form. It had no terms and conditions attached and best of all was for a credit card application for a Bank of Scotland credit card not MBNA.

 

I again wrote to Link stating the above, requesting that they stop all data processing, remove any entries they had made on my credit files, return the money that they had taken and of course reminded them that I did not acknowledge the debt.

 

I have since repeated this request twice but they still continue to persue this alleged debt. The telephone calls are continuous, even though I have put in writing to them, that all communication should be in writing. Link is still to produce a valid CCA, I have never received a Notice of Assignment from MBNA. All my letters were sent recorded.

 

What can I do to stop this harrassment from Link, get them to remove their entries from

my credit file? My apologies for the length of the post, I though it was better to try to give as much info as possible. All and any advice will be very welcome.

 

Andy

[Delta-Charlie-76]

Send them the 'Telephone Harassment' letter & demand they remove any contact numbers they have for you at once, if they keep phoning report them to OFT/TS breach of CPUTR 2008, OFCOM breach Section Section 127 Communications Act 2003 and the Police for breaches of Section 1 & 2 Harrasment Act 1997.

[harrassed senior]

You should also report Link to the OFT and Trading standards for continuing to chase whilst the account is in dispute.

 

http://www.consumerdirect.gov.uk/contact

 

If you have not yet sent an Account in dispute letter, then do so as until that is done, they will say they do not know the account is 'in dispute'.

 

http://www.consumeractiongroup.co.uk...-is-in-dispute

[batman1956]

Report them. I assume that your letters to them are sent registered post and you can prove that they have recieved them.

Continued harassment by telephone and text message is a breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

It is also a breach of the Communications Act (2003) s.127

 

[SamVimes]

Hi Batman,

 

Thanks for the information, it's a great help. Any Ideas how I can get them to stop handling and processing my data with credit referebnce agencies whilst this account is in dispute?

 

Thanks again

 

Andy

[SamVimes]

Hi Delta and Harrassed,

 

Thank you both for your information, it's a great help.

Any Ideas how I can get them to stop handling and processing my data with credit reference agencies whilst this account is in dispute?

 

Thanks again

 

Andy

Edited January 5, 2011 by SamVimes
spelling error

[maroondevo52]

Hi, SamVines.

 

I have merged both your threads, always better sticking with the one regarding this subject, lets others know what info you've already been given.

Please continue to post here regarding this.

 

Thanks,

 

Scott.

[batman1956]

Try this amended to suit your circumstances

 

You have failed to comply with my request, and as such the account entered default after 12+2 working days pursuant to the consumer credit act 1974

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[SamVimes]

Thanks again Batman, letter was sent out today. Can't wait to see if Link respond

[batman1956]

Any response?

[mikesmotor]

Hi all

 

I'm new to this thread although I've started a thread of my own regarding Link. They claim tp be the owners of a debt bought from MBNA when we sent a formal CCA request for a copy of the credit aggreement and all asscociated documents and recieved a copy of an application form for a Bank of Scotland credit card with a letter saying that this fullfills their ogbigation under the consumer credit act 2006. I sent the formal account in default letter 12+2 days later only to receive a further letter stating that as far as they are concerned they have fullfilled their obligations and therefore the debt is not in default therefore pay up. I am sending further corresspondence quoting a recent ruling by the court of appeal about a similar matter but any further advice would be gratefully received.

 

Regards

 

Mike

[angry cat]

Providing a copy of an applicion form is not sufficient;

you must also be provided with the inception terms and conditions (the terms and conditions that related to the account at the point of opening)

[mikesmotor]

Thanks Angry Cat

 

The thing thats still annoying me is the fact that the application form is for a bank of scotland card and not MBNA. As far as I am aware BoS is part of the Lloyds group and nothing to do with MBNA

 

Regards

 

Mike

[maroondevo52]

As far as I am aware BoS is part of the Lloyds group and nothing to do with MBNA

 

 

Hi,

 

I'm sure there was a legal transfer of all Bank of Scotland rights to MBNA(May 2007).

 

Regards.

 

Scott.

[mikesmotor]

Hi Scott

 

Apparently May 2007 approx is when link claim to have bought this account from MBNA

 

Regards

 

Mike

[griffin036]

Try this amended to suit your circumstances

 

You have failed to comply with my request, and as such the account entered default after 12+2 working days pursuant to the consumer credit act 1974

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

It would appear that this response is now out of date, as all the things we tell them they cannot do, it now turns out they can do, and will do , and do do ( does that make any sense lol!)

 

I beleive this is the link to the updated letter that should be sent:

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[angry cat]

Hi,

 

I'm sure there was a legal transfer of all Bank of Scotland rights to MBNA(May 2007).

 

Regards.

 

Scott.

 

Correct.