link/mbna cca request

[Wolfchild]

Quick query ,

 

sent cca request to Link ,

 

got a reply saying they don't always hold this documentation and have requested a copy of the agreement from MBNA

and to be advised can take up to 30 days so can they bypass the 12+2 rule in this way?

 

Also MBNA sent me a default notice in May then received another this month for same account also exact same letter ,

 

then another letter saying latest one sent out by mistake , have they done anything wrong here?

 

Any advice appreciated , thanks.

[Stigman]

Hi,

 

As to the CCA, no, Link have exactly the same 12+2 working days as everyone else, once this time has elapsed, then send the Account In-Dispute letter http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

What are the dates on the default notice, does the default notice also give you an exact date to pay the arrears or xx days?

 

Stigman

[Wolfchild]

Thanks ,

didn't think they could do that but just checking ,

 

was surprised cause they sent the letter the day after receiving my cca request.

 

First default notice was 10 May giving me a date to pay by

and the second default notice was sent 1 November and exact copy of the first one regarding dates and everything,

 

then received a letter off MBNA saying the second one was sent by mistake,

 

which was pretty obvious,

 

just curious if they've done anything wrong besides being useless ,

 

they did sell my debt to Link in August.

[Wolfchild]

Sent Link Financial account in dispute letter since cca not sent to me , interestingly got my SAR request back from MBNA today and one comment in the transcripts said "S78 sent to recon as credit agreement illegible" ,do they need the original in court to enforce it? It's a pre-2007 cc account.

[Wolfchild]

Having had a quick look at the SAR , got over a dozen late/overbalance charges at £25 and over 50 at £12. I 've got one late fee from last year i know is wrong cause got the statement saying date due and another saying it was received that day but still charged me late fee but no older statements to check the others. Presume I can put a claim in for the whole lot?

[oldagehappens]

It's the same letter I got from them, I would'nt worry about Link, they never provided us with the original terms in the request we sent.

 

I haven't heard from them since the end of July once they received the account in dispute letter. No letters, no calls - nothing.

[Wolfchild]

Received a reply off Link to to my cca request after sending account in dispute letter but have a few questions :

 

After receiving the information they've sent me

what's below

plus the terms and conditions when i got the card

but not the changes in terms and conditions since,

like when they've upped the interest on the card ,

 

they haven't signed the account statement ( which says on OFT website it must be signed ),

and what they say is my agreement is not signed by mbna but is by me.

 

So I'm presuming they've failed to fulfill the cca request?

 

Looking at my SAR off mbna they've got in their logs that the agreement they have is illegible after link asked for a copy,

and penalty charges on the account over 8 years that with interest

would wipe off the amount they're claiming.

 

So what's the best option ?

 

Send another account in dispute ( telling them why?),

 

say that i dispute the amount due to penalty charges or both?

 

Attaching what they sent regarding my cca request less the rest of the terms and conditions they sent. Any ideas much appreciated.

 

[ATTACH]40356[/ATTACH]

[ATTACH]40355[/ATTACH]

[ATTACH]40358[/ATTACH]

[ATTACH]40357[/ATTACH]

[dx100uk]

yea

use the CISHEET and sent tahat off to link and tell them to go away off

 

see you incourt if you are that stupid.

 

is this debt on your CRAfile?

 

when was YOUR last payment too?

 

dx

[Wolfchild]

Last payment was to MBNA 6 months ago after we agreed reduced payments then they just stopped taking the payment and sold it to Link.

 

I thought I sent the charges reclaim to MBNA, or do you mean send a copy to Link saying I'm disputing the amount as well?

 

So i send the account in dispute again and do I tell them why regarding illegible copy etc even though they sent a better copy as well even though it wasn't a copy of original?

 

Unsure if this is the actual agreement because I thought it had be signed the Creditor as well.

 

Cheers for the reply

[Wolfchild]

Also read somewhere that the prescribed terms had to be under Key Financial Information but these are

under Financial and Related details. Does that make any difference?

[dx100uk]

i wouldn't be looking for a paperwork error' to get you out of this debt

 

i'd put in a charges reclaim

 

and copy link in

 

IF they are the owners that is?

 

dx

[dx100uk]

but ofcourse, yes the claim always goes to the OC

 

what about PPI?

 

dx

[Wolfchild]

No PPI stopped taking that many years ago. I'll just send penalty charges reclaim to MBNA and send copy of the charges plus interest to Link

saying I dispute the amount. I would have been happy enough still paying MBNA till I got back to work again but don't think they're that

keen to help people who've been made redundant for too long,Don't think I would have even bothered about reclaiming charges till they sold it

to Link, just winds me up with the lack of compassion they all have.

 

Cheers for help anyway, much appreciated