Link & very old credit card loan previously with Abbey National

[AnnC]

Thanks very much for that. I will report them.

[asm76]

What's the betting that if people hand over money, this "admin" charge ends up coming off the debt?!

[Mancunia32]

Write to them reminding them the statutory maximum fee is ten pounds and that they can jam their admin fee up their ***. Remind of duty and tell them what information is required to complete your request under statute. Adapt template on here reminding them you due for the info if not forthcoming, and will report to ICO.

[Mancunia32]

*you will sue for info. Mobile tinter and fat fingers...

[AnnC]

I am currently in discussion with Link regarding a very old credit card loan previously with Abbey National.

 

When I changed bank 2 years ago for some reason my monthly payment to them stopped. As I was in a bit of mess and had several debts this genuinely got missed and was not added to the payplan account that I arranged at the time.

 

Now 2 years later they are writing to me demanding full payment. I have to confess at the beginning I didn't remember the loan but since they contacted me I have gone through the various processes requesting documentation and issued a SAR.

 

They have provided most of the documentation but not proof that Abbey assigned the debt to them or sold the debt to them. They have now written to me saying that "We are not required to provide you with a copy of the deed of assignment.

 

The debt is known as a chose in action. As the original lender holds the legal right to collect the debt they also hold the right to assign their rights to Link Financial. Although the lender does not need your permission to do this, Section 136 of the Law of Property Action 1925 requires, in order for there to be a legal assignment, that notice of assignment should be given in writing which we have complied with".

 

The problem is that they haven't supplied the notice of assignment, what they sent me was a copy of a letter "introducing Link to me". Is is correct that I haven't received anything from Abbey assigning the loan to Link. Whose responsibility now is it to provide that letter to me.

 

Link seem to be in a bit of a mess as when I received the SAR papers they said that they had added a £5 admin charge. They have now written to me denying that they added a charge! They are now also claiming to have sent me a copy of the assignment letter - which they havent.Thanks for taking the time to read this.

Edited March 12, 2012 by citizenB
formatted for easier reading

[citizenB]

No, they arent actually obliged to provide you with the "deed of assignment" but either Link or Abbey should have provided you with a Notice of assignment.

 

Have a read of the attached pdf, amend where necessary to include the bank and Link and send recorded or special delivery.

 

I would not be happy paying monies to someone without confirmation that what they say is true

 

One way or another it should get you a reaction.

 

Draft request for assignment - Amended Draft.pdf

[AnnC]

Thanks. I shall also send them a copy of the letter advising me that they have added a £5 admin charge. It will be interesting to see their response to that, seeing that they subsequently denied doing so.

[citizenB]

I bet they will say it was an "admin error" !!

[AnnC]

Can anyone help with advice on how to deal with a problem we have. We have been in correspondence with Link for about 9 months now over a debt they claim to be collecting for MBNA Credit Card/Abbey. We have persistently asked them to provide proof from MBNA/Abbey to them showing that they are entitled to collect this debt. Eventually they provided everything but proof that they were entitled to collect the debt. We have had copy letters from Abbey to us with phone numbers blacked out, copy of the agreement etc but absolutely nothing to show that Link were entitled to collect the debt. We didn't recognise the debt at first as it had been over 2 years since we paid anything to them due to when we changed banks when we started a debt management programme for some reason they were missed off.

 

They eventually contacted us and have been pursuing the loan. We have never received anything from MBNA or Abbey advising us that the debt was now with Link but for some reason we did start paying Link about 5 years ago, the debt is about 10 years old. We are trying to make sure that everything is in order with our debts now and I wonder whether we are legally entitled to insist on written proof from MBNA/Abbey to Link to confirm that they are entitled to pursue the debt on their behalf. Link are now advising that they will be instigating legal proceedings against us for the loan and will commence adding interest to the outstanding amount.

 

Any advice on the correct way forward would be appreciated. The option I was thinking of was advising Link that we were going to contact MBNA for proof that Link could collect the loan. I suppose I am hoping that they have actually purchased the debt and can't legally pursue us for the full outstanding amount because they don't have the correct paperwork. Many thanks.

[ims21]

Did you not get a notice of assignment?

 

Check your credit files to see whose name is against the debt.

[AnnC]

This debt doesn't appear on my credit file! That is why I am insisting they provide proof.

[BRIGADIER2JCS]

This debt doesn't appear on my credit file! That is why I am insisting they provide proof.

 

Do you know when the last payment or acknowledgment was made

[BRIGADIER2JCS]

You Could send this to the Compliance Manager at Link.

 

Ref:xxxxxxxxx

 

Dear Sir or Madam I refer to your letter dated xx xx xxxx in which you

imply court action MAY be taken by Link regarding a debt for xxxx which

you allege is owed by me.

 

Take note I do not acknowledge any debt to Link or any company you may

claim to represent.

 

I am not aware of any notice of assignment of any alleged debt to Link from

any creditor and cannot therefore confirm Links authority to pursue any alleged

debt.

 

Therefore until Links entitlement to pursue any alleged debt is proved I cannot

enter into any fiurther correspondence.

[AnnC]

May 2009 when we changed banks and set up a debt management plan with Payplan. For some reason Link were missed off the list of debtors and were then never paid. It took them about a year to track us down as we had never advised people when we moved house but had kept on paying our debts and then paid debt through Payplan but again we did not advise people of our change of address.

[AnnC]

Thanks I'll give that a go. I think because they probably bought the debt rather than take over the collection they can't produce the documentation. However, I know what a nasty set up they are so want to be sure of my facts.