Link Financial chasing +£7k MBNA debt

[jules681]

Hi all

I am new to this forum, so I apologise if this is in the wrong place. I am after some help/advice if anyone can please help me.

 

Back ground to my problem

 

In 2005 I joined a debt Mangement company to help with my debts as I was struggling to pay them,

this was quickly sorted out and I was paying £400 to 5 companies I owed money too.

2 credit cards,

2 unsecured loans and a store card.

No further problems with this and I continued to pay till 2009.

 

In 2009, a rather bad run of luck left me in a financial mess,

firstly my long term partner left me (out of the blue),

then 4 weeks later I lost my job, then a few weeks later I found out I was pregnant.

 

In May 2009, I

packed up all my belongings and went back to my Parents,

and I never paid to these debts again from this point.

I never intended to ignore them long term but it was the least of my worries at the time.

 

Up until week, I have not heard from any of them,

but last week taken completely off guard,

I received a call from Link Financial who conned me into confirming my identity.

(they told me they had some mail for me and could I confirm my name and previous address, which I did, stupid maybe?)

 

I received a letter from them a few days later, I knew who it was from,

as I checked the return address on the envelope,

so I sent it back, as "not known at this address".

Silly thing to do but I guess it was panic.

 

I have re-built my life from the mess I was in in 2009,

and now have a part time job working 16 hours a week,

 

I am not financially well off and struggle to pay my bills but I get by.

 

I cant see a way that I can pay much more than a few pounds to re pay this debt, and I have no savings to even consider bankcrupcy.

 

Please help,

what is my best action to take here???

 

Also, I will add its only Link financial that are in contact with me for 1 credit card.

 

Many thanks in advance

Edited October 26, 2012 by citizenB
formattiing

[BRIGADIER2JCS]

Hi, welcome to CAG,,

When was the last payment or written acknowledgment in writting made on this account?

[jules681]

Hi thank you for your reply, the last payment was May 2009. I have had no communication with them for years as I paid through a DCM

[jules681]

anyone???

[BRIGADIER2JCS]

anyone???

 

Are you getting statements of the account?

[jules681]

No statements,

just 1 phone call that I answered which was just over a week ago,

 

2 phone calls each day for the next 2 days,

then 1 letter that I returned, (didnt open).

 

Also, when I did speak with them,

they said the debt was for an MBNA credit card for £7000,

but my limit was only £5000 in the first place.

 

Is the rest charges??

thank you

[BRIGADIER2JCS]

I would guess you are right all charges on top.

 

There is rash of Old MBNA accounts around at the moment many statute barred or nearly so.

 

Does this debt show on Credit Reference Files,

 

check them asap.

 

Then I suggest a Subject Access Request under the Data Protection Act 1998

this will provide all the data MBNA holds including how all the charges are made up.

 

There isa £10 Statutory Fee to pay,

MBNA have 40 days to reply,

address the request to the Data Controller at Link.

use recorded delivery and check the day they recieve the request the 40 days starts then.

[jules681]

I have not checked my credit reference files I will do so, shortly.

 

Just a question,

 

I have been reading various threads on here and am a bit confused about a default.

 

Would I have received a default when I lowered the payments through a debt managment company or when I stopped paying altogether?

 

Also, am I right that I would only receive one default?

 

Thanks in advance

 

I will start with the getting a copy of my credit reference file and then come back to you for the next stage,

 

a subject access request.

[dx100uk]

fire link off a cca request

 

get that SAR off to MBNA to get all the statements too.

 

prob a good proportion of the debt will be PENALTY charges

and p'haps PPI

 

both you can reclaim.

 

have you any other debts too?

 

dx

[jules681]

thanks for the reply, I am needing lots of help here.

 

cca??

how do I do this?

 

is this the credit agreement?

 

I have debts to 5 companies,

2 credit cards,

2 loans and

one store card.

 

Its Link financial that are hassling me, for a MBNA credit card.

 

I am not in position to pay any of these off but now think its time to deal with them,

 

I guess I hoped (and still do) that if ignored them long enough they would go away.

 

Nobody else has found me................ yet.

[dx100uk]

yes CCA request is requesting a copy of the ORIGINAL agreement from them

 

see the DCA section on the right

of the green library tab top left

 

get that CRA done ASAP

 

dx

[jules681]

okay thanks for your help, will spend some time tomorrow looking at this and making the next step

[jules681]

Right ok, I have a copy of my credit report infront of me from Experian. There is a default from Link financial. The default date is 01/01/2007. I guess this will be removed shortly. There are also a few other defaults, all at the end of 2006, 28/11/06 and 07/12/06.

 

What is my next step please??

[BRIGADIER2JCS]

The default will have been placed by the original creditor and updated by Link there can only one default and onedefault date on any debt.

 

The SAR next as dx100 suggested.

[jules681]

Okay thank you, there are 3 defaults altogether, from 3 different companies. But as only Link Financial are chasing me I will deal with them first.

 

I will look at sending this today, once again, thanks

[AndyOrch]

Jules it is important to write heading on the CCA request (Section 78) " I do not acknowledge any debt with your company ".

 

 

Regards

 

Andy

[jules681]

Okay thanks for that Andy, I am in the middle of another crisis at the moment (car has broken down), so I will be looking at this later today, I will post for help later, thanks very much