New customer of Link Financial, old MBNA card

[dx100uk]

thread tidied

 

dx

[oldagehappens]

Anybodys thoughts to the question before the uploaded PDF's?

[mar1kos]

i am exactly at the same situation with Link... may be i thought offer them a ""without prejudice" low monthly payment till they come up with the agreement as this will help if Link decide to go to court.

[robcag]

Anybodys thoughts to the question before the uploaded PDF's?

 

[ATTACH=CONFIG]35487[/ATTACH]

 

My main thought is what is the purpose of the X at the top of sheet 1 next to the bit that says 'credit agreement illegible'? Does it mean, as most people would probably expect, that the alleged agreement which they have accessed is illegible? Or does it mean 'not illegible' - using the logic that X could mean 'yes' or 'no' if they also have the option of using a 'tick' (couldn't find character) to mean 'yes'. However I think this would be a bit too complicated for the Link droids to remember so it probably means the agreement (if any) is illegible, but it might be a good idea to clarify/confirm this with Link.

 

Just ask the question directly.

 

Cheers

Rob

[ashmk]

oh, ok. I shall make a note on your account that you are failing to co-operate and esculate to the next level..

 

Someone made a comment like that to me once and I replied ' Can you also make a note on my account that I said I think your a d*ckhead', this threw the called off script and by then I had got bored of the guy and put the phone down.

[oldagehappens]

My main thought is what is the purpose of the X at the top of sheet 1 next to the bit that says 'credit agreement illegible'? Does it mean, as most people would probably expect, that the alleged agreement which they have accessed is illegible? Or does it mean 'not illegible' - using the logic that X could mean 'yes' or 'no' if they also have the option of using a 'tick' (couldn't find character) to mean 'yes'. However I think this would be a bit too complicated for the Link droids to remember so it probably means the agreement (if any) is illegible, but it might be a good idea to clarify/confirm this with Link.

 

Just ask the question directly.

 

Cheers

Rob

 

I thought this too. Okay, so they have sent a copy of the agreement with my signature on "albeit" a photocopy but it's still my signature. It's the T&C's that get me thinking along with the X.

 

I have the original T&C's and they are NOT the same as the recon versions sent.

 

I'm not sure on to respond to Link on this one...

 

Any help would be great.

 

Pretty please!

[BRIGADIER2JCS]

There should be the Original Ts & Cs and the ''current or final''

ones, my guess is that you have the final ''updated'' ones.

[oldagehappens]

There should be the Original Ts & Cs and the ''current or final''

ones, my guess is that you have the final ''updated'' ones.

 

My first thoughts were MBNA just sent out their current T&C's.... I took this card out back in 2005 so Im guessing they dont have those terms from back then.

 

I read a post somewhere that Link need to send the original terms along with the CCA request else its void...

 

Does anyone know if this is true?

[BRIGADIER2JCS]

No it is wrong, a CCA request is for the agreement

and a statement of the account (up to date).

The agreement would have the Ts & Cs.

[oldagehappens]

No it is wrong, a CCA request is for the agreement

and a statement of the account (up to date).

The agreement would have the Ts & Cs.

 

Interesting, there was no statement of account, just the agreement and what I call fake Terms

[BRIGADIER2JCS]

Challenge the ts&cs with a complaint to the compliance manager.

[oldagehappens]

So, Link are now calling my parents house which I havent lived at for years and still DO NOT contact me by letter.

[dx100uk]

all part of the process to spoof you into paying them.

 

when was YOUR last use of the card in/out?

 

does this debt show on your cra file?

 

dx

[oldagehappens]

About a year ago, and yes. It shows a default by Virgin.

[dx100uk]

so link dont own the debt

its still shown as virgin as the owner?

 

dx

[oldagehappens]

so link dont own the debt

its still shown as virgin as the owner?

 

dx

 

Yup, the default was registered by them and thus so far does not show link anywhere

[citizenB]

Oh dear oh dear......

 

Will be sending the CCA request tomorrow JUST 2 DAYS AFTER LETTER ARRIVED!!

 

Just had a call from Rio at Link, told him I have replied and you will receive the letter within 48 hours. He asked what it said, I replied "You will see in 2 days and please from now on I ask that you only contact me via letter"....

 

oh, ok. I shall make a note on your account that you are failing to co-operate and esculate to the next level..

 

It actually made me LOL....

 

Very funny. Im not sure one could be any more co-operative in truth, replying to theor letter so fast.

 

 

 

 

So, Link are now calling my parents house which I havent lived at for years and still DO NOT contact me by letter.

 

 

Your parents should write to Link Head Office advising that they do not appreciate intimidatory calls for someone who does not live there. That they are "demanding" that their details are removed without delay from Link's database.

 

Then your parents should make a complaint to the Office of Fair Trading.

 

MBNA and Link have been publicly shamed in respect of using the telephone as their weapon of choice in debt collecting.

 

 

http://www.bbc.co.uk/news/business-13199797

 

You need to start collecting data - a Subject Access request to MBNA is your first step - it will cost you £10.00. MBNA have 40 calendar days to comply and you entitled to receive all the data they hold in respect of your financial history with them. There is a draft letter in the CAG library, linked at the top of each screen.

 

In respect of your CCA request you are entitled to receive and the company is obliged to send in order to comply.. a copy of the agreement either the original or reconstructed. Terms and Conditions from both inception and current. A statement of account.

 

The above is just to satisfy your s78 request.

 

Whether or not they are compliant sufficiently to start litigation is another matter.

 

In Harrison v Link, it was judged that the information supplied did NOT comply and Mr Harrison won his case.

 

Harrison v Link Financial Ltd ALL ER (2011).pdf

[dx100uk]

ignore them

 

can you not pay something to mbna on a regualr basis say £5?

 

dx

[oldagehappens]

Thanks people. Its strange, when I couldnt make the mimimum payments with Virgin they call me, ran through my income and then said I dint have enough money to pay them so they wouldnt take any. I didnt hear from them for 6 months and then the letter comes saying they have passed on the debt to Link.

 

Few weeks later the Link letter came asking for the money, followed by the rude calls. Its taken them 45 days to respond to the CCA request with is a recon version. Incorrect terms, photocopy agreement.....

 

I could go back to MBNA but assume as they have already wrote to me would refer me back to link.

 

I really dont want to do all this he said she said business.

 

If i propose to pay Link £5.00 each month will they accept? will in 3 months they start demading higher payments?

 

Grrrrrr

[dx100uk]

they nor anyone has any legal right to know you pers financial details!!

 

MBNA can be a had nut to crack

but

as with ANY creditor

its YOUR money take control.

 

pers i'd write to them TELLING them they wil only be getting £XX for XXmts

as a GOODWILL gesture in times of financial hardship.

 

as a reciprocal gesture of goodwill, you require them the freeze all interest & refrain from levying any unlawful PENALTY charges .

which under published guidelines, they should, t help you.

 

should they fail to help

 

you will have no alternative than to DROP your payments to £1PCM till you die.

 

......

 

as for paing them

 

do it via YOUR internet banking site.

never miss a payment once you state you intentions

 

dx

[oldagehappens]

Agreement.pdfWould you say this is legible?

 

Agreement.pdf

[Fred Bassett]

Is that it? No Ts & Cs? It's legible alright, but is it enforceable?

[oldagehappens]

Is that it? No Ts & Cs? It's legible alright, but is it enforceable?

 

There are other parts that I've posted earlier.

 

They did send T&C's although they were totally different. I questioned them and they have replied advising they've ask for the original ones. As yet I havent received them.

 

So what happens if they cant provide the original T&C's? Is this enough for them to enforce it?

[BRIGADIER2JCS]

They should send the original Ts&Cs and any updates and amendments.

 

As the image is far too small to tell it's difficult to advise on it, as to enforcing

it they have to get a judgement first and there is quite a way to go before that

happens.

[oldagehappens]

They should send the original Ts&Cs and any updates and amendments.

 

As the image is far too small to tell it's difficult to advise on it, as to enforcing

it they have to get a judgement first and there is quite a way to go before that

happens.

 

Sorry, its got two links in there but I have uploaded a PDF which is bigger. Its the first part of the reply.

 

Link have now responded to me challenging the T&C. They have just resent the original response to the CCA request which again, does not include the the original T&C's.......

 

Where do I go from here? Go back with a "Account in dispute" until they send the original terms?