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kevinski1966

LINK dca now has my MBNA account and has now sent me a ccj

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Hi all.

This is the first time I have posted here but

 

am now at my wits end with LINK /IDR Finance.

 

After a number of months struggling to deal with my credit card debts

I decided to go on a debt management plan through CCCS ( now step change).

 

LINK /IDR had accepted the amount that was aggreed ie a monthly payment of 43 pounds for a debt of £3,415.14.

 

They didn't receive money because of mis-communication between cccs and link/idr.

 

I wasn't aware of the problem until I recieved a letter saying that I have incurred a Litigation Charge of £102.

 

I received a ccj claim form a day after.

 

On speaking to cccs and link it turns out that because there was a discrepancy between them about the account number

the payments were not recieved and after a couple of months of non payment they have now gone down the ccj route.

 

I accept now that I will have to go through the ccj process(which I am gutted about .

I began the debt management plan to avoid this in the first place!)

 

but I am wondering would there be any point in trying to go down the route of a cca? Or is it too late for that?

 

Any advice or help would be very much welcomed.

 

Just to add briefly.

I spoke to MBNA about the account

they said that the account was sent to LINK/IDR for collection.

 

 

I cannot remember if it had merely been transferred or sold to them.

 

 

Seeing as the service dept department is closed weekends

I will have to wait till Monday to pursue that.

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Hi welcome to CAG,

It's never too late for a CCA request, although the miising/defective paperwork has lost much of it's impact.

Make sure you get your acknowldgment of service in asap.


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Thread moved to Legal forum in view of the receipt of court claim.


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You are unable to deny ownership of the account as you had included it in the DMP - however, you can use this error between Link and CCCS as mitigation I would think and perhaps get back to the original plan.

 

IMHO, it is pretty disgraceful that this error is not of your making yet Link have chosen to litigate rather than mediate!!

 

Do you know if there are default/penalty charges on the account that you could claim back in order to reduce the amount owed ? You will find these on statements and would need to do spreadsheet.

 

I wonder if well worded letter to Link advising of your disappointment that they have taken this route in light of the error, not of your making, between them and CCCS that you will still be prepared to continue with the arrangement now the account/error has been resolved.

 

What do others think ?


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Yes CB I think a letter like that could help, I'll draft one if theOP would like it.

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can you check your CRA file please

 

who is shown as the owner please

 

there have been instances whereby LINK got CCJ's whereby they were not the legal owner

 

and that owner was not named on the CCJ.

 

if so, blows it out the water.

 

dx


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Yes CB I think a letter like that could help, I'll draft one if theOP would like it.

Hello all.

 

Thank you very much for your input.

 

I feel that a letter in this instance would at least be a start to perhaps getting back on he original plan.

 

I would appreciate it very much if a letter could be drafted.

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Will be done today.


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Hi all.

This is the first time I have posted here but

 

am now at my wits end with LINK /IDR Finance.

 

After a number of months struggling to deal with my credit card debts I decided to go on a debt management plan through CCCS ( now step change).

 

LINK /IDR had accepted the amount that was aggreed ie a monthly payment of 43 pounds for a debt of £3,415.14.

 

They didn't receive money because of mis-communication between cccs and link/idr.

 

I wasn't aware of the problem until I recieved a letter saying that I have incurred a Litigation Charge of £102.

 

I received a ccj claim form a day after.

 

On speaking to cccs and link it turns out that because there was a discrepancy between them about the account number

the payments were not recieved and after a couple of months of non payment they have now gone down the ccj route.

 

I accept now that I will have to go through the ccj process(which I am gutted about .I began the debt management plan to avoid this in the first place!)

 

but I am wondering would there be any point in trying to go down the route of a cca? Or is it too late for that?

 

Any advice or help would be very much welcomed.

 

 

Hi Kevin,

 

This letter is designed especially for your situation and should be sent to The Compliance Manager at Link by Recorded Delivery.

 

Ref: as on their letter/ claim number xxxxxxx

 

Dear sir,

 

I have received a county court claim form from Link in regard to the debt for £xxx xx which was being handled by xxxxxxx debt management, to avoid further costs and to save court time perhaps Link should consider the following facts.

 

1. It was agreed by CCCS and Link that a payment of £43.00 pcm should be paid towards this debt.

2. I have made regular payments to CCCS at the agreed rate.

3. The fact that Link did not receive payment was due entirely to bad or non existant communcations between CCCS and Link Financial.

4. If Link continues along the CCJ route I will rigourously defend the action using the facts laid out above.

5. I beleive the facts laid out are a complete defenc.

 

I would suggest that Link should now contact CCCS and set up a proper arrangement for the agreed amount to paid as previously agreed.

 

OK?


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Thank you very much Brigadier.

 

As you can imagine this situation does appear intimidating as I am not used to this.

 

I have already spoken to CCCS and they have already amended the account details to match Link's info.

 

I am concerned would a letter like this aggravate the matter?

 

Would there be additional legal cost if I fail to stop the ccj?

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The letter is a statement of facts that you given nothing more, plus a suggestion to avoid costs and wasting court time, such letters are often used to great effect, can't see additional costs arising.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thanks for your help so far. I am just going to send my Acknowledgement of service.It asks if I intend to defend all or part of the claim or contest juurisdiction.Am I right in assuming that I am defending part of the claim?

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Don't contest jurisdiction.....your choice to defend all or part.

 

Andy


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Thanks for your help so far. I am just going to send my Acknowledgement of service.It asks if I intend to defend all or part of the claim or contest juurisdiction.Am I right in assuming that I am defending part of the claim?

 

 

By defending part you will automatically get a CCJ against you for the amount not disputed and then will be left to defend the balance.

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By defending part you will automatically get a CCJ against you for the amount not disputed and then will be left to defend the balance.

 

To clarify If the defendant admits part of the claim and the Claimant accepts the part admission in settlement they can request judgment for that amount plus the recalculation of interest and costs allowed for that sum. If the Claimant rejects the part admission then the court will treat the matter as a defended matter and the claim will be transferred for future conduct.

 

Regards

 

Andy

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Hi all.

Thanks again for the replies.

 

The reason why I asked about whether to defend part or all of the claim is that as mentioned before

I have already admitted to the amount in principle by setting up a dmp

 

.I am hoping that by receiving the letter about contacting CCCS and accepting the previously agreed amount

that the CCJ judgement route could be avoided on the part of LINK.

 

But it appears from the above comments that I have in effect admitted the debt (because of the dmp in place)

and that by replying to the court I can only avoid the ccj by making a full defense

and not make a part claim which will make me liable automatically to a ccj.

 

Is that correct?

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you need to get [or should have already]

 

sent a CCA off to link

 

and can you check your CRA file please

 

have you ANY old statement or the original MBNA agreement?

 

got any PENALTY [£12] carge

 

got PPI

 

or MBNA version of it.

 

dx


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you need to get [or should have already]

 

sent a CCA off to link

 

and can you check your CRA file please

 

have you ANY old statement or the original MBNA agreement?

 

got any PENALTY [£12] carge

 

got PPI

 

or MBNA version of it.

 

dx

 

 

Just looked at credit file. LINK has been listed although IDR ltd is listed on the paperwork as the claimant for the ccj.

Now trying to find old statements.

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Kevinski

 

 

 

It’s not a question of denying the debt in your case, it’s a matter of defending the claim on the grounds of your above-mentioned agreement

to pay arranged by CCCS (Step Change)with you and the Claimant;

you performed your obligations under the said agreement and made the required payment,

however, CCCS failed to perform its obligations and the said monthly paymentmade by you was never sent on to the Claimant;

neither of the aforementioned parties informed you of this failure and error on their part,

it is, therefore, averred that you are not legally responsible for the monies claimed by the Claimant in this action,

you have not defaulted on the said agreement; the third party CCCS is legally responsible for this matter

complained of by the Claimant and you assert that the third party CCCS ought to be made a Defendant in these proceedings

and made to answer for its failures to perform its obligations under the said agreement,

since it’s failure to perform under thesame gave rise to the cause of action complained of by the Claimant.

 

 

Kind regards

 

 

 

The Mould

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Ok all.

 

 

I have notiified the county court of an acknowledgement of service

thus giving me more time to make provide a defence.

 

 

Also sending letter by registered post to IDR (it was from IDR that I recieved the litigation notice).

 

 

Currently searching for ppi associated with the account.

Thank you all so far for your help.

Will endeavour to keep all up to date.

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and PENALTY charges

 

have you not got all your MBNA statements?

 

FYI:

http://companycheck.co.uk/company/07274061


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Reclaim mis-sold PPI Read Here

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Just to update.

 

sent letter registered ddelivery.

 

no response just yet.

 

checked statements (the ones I could find ) there are penalty charges.

 

But cannot find original ppi paperwork.

 

Earlier in this thread a spreadsheet was mentioned.

 

How can I use this to help me?

 

regardsKev

 

btw if this reply appears a number of time was having trouble posting a reply.

 

Hi all.

 

 

Just to say that am filling out form now.

But am slightly worried that I had not fully understood the nature of the claim.

 

 

In the "particulars of claim" section no mention is made of CCCS only that the defendant (ie me ) defaulted on payment.

 

 

So as such I am not sure whether I can actually defend it according CCCS's negligence because according to the notes on the form it does say that if I fail to deny an allegation it may be taken that I admit it. pretty worried and running out of time.

 

Can I make a counterclaim based on the penalty charges?

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Hello all

it has been a while since I posted here.

 

 

For the last few years I have been on dmp with step change

and have been faithfully paying into into it and they (step change) have been doing their part.

 

 

I received a letter from PRA group saying that I am behind on payments based my initial agreement.

The original agreement is with MBNA.

The dmp shows that I am paying MBNA.

But now it appears that PRA has taken over the debt and are now asking me for the money "owed" to them.

So does this mean i have to add PRA as recipient on the dmp and delete MBNA?

 

As far as the dmp is concerned

my debt is to MBNA not PRA but that's me looking at it from a common sense angle

but I'm not sure of what the legalities might be here.

 

I haven't contacted step change yet.

any thoughts and advice about this?

regards

kev

Edited by kevinski1966

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have you moved since the dmp or the card was taken out

if mbna are unaware you've moved

then all the letters would have been going to the old address

if they've sold it on.

 

 

I hope you sent a CCA request to all these dca's etc you are blindly paying

as stepchange wont ever check a debts enforceability

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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