on line creditcard agreementMBNA - link chasing me

[Bob G]

This is my first post on a forum thank you for taking the time to read it,

 

I was sent a hardly readable copy of an online credit card agreement from Link Financial

with my name and address and a tick in the agreement box dated 01 April 2008,

 

at no time have I ever received any other agreement from the original credit card company MBNA that I have signed.

 

I am contesting this agreement that there was no follow up paperwork.

 

Also how can Link Financial claim I owe them the money when my original agreement was with MBNA?

 

Maybe someone can explain the relevant laws etc.

have been told that in the States they would have no legal powers,

is that the same here.

Thanks

Bob

[dx100uk]

hi BG

 

never ever trust anything link say or do

they are out to fleece you

 

what does you cra file say about this debt?

 

see below

 

dx

[BRIGADIER2JCS]

Hi Welcome to CAG.

What occurs under US law wont help here.

1. Online apps the tick box is accepted as a signature.

 

You need to make a CCA request under section 77/78 of the Consumer Credit Act 1974 to get a copy of the agreement from Link.

Ues the template letter from the CAG library. There is £1 statutory fee and Link have 12 + 2 working days to comply.

 

Are link acting on behalf of MBNA or has the debt been sold, if it has been sold then it is the ''whole agreement'' that has been aquired and that's how you now owe a third party.

 

When was this agreement started? When did you last make payment or written acknowledgment of the debt?

[fletch70]

As the brigadier says the fact it is 2008 means a tick box is fine for a signature and once they have provided an agreement it will be enforceable.

I suspect that link have bought the debt but that is something you need to check.

[Bob G]

Hi

The last payment made was October 2011;

 

Link bought the debt 29 August 2012. I

 

have already done the above with MBNA and also with link and on both occasions their replies were outside the statutory 12+2 days.

 

At no time was I ever provided with the original terms and conditions, only an up to date one by MBNA.

 

Link has only provided the ticked agreement.

 

Would it be helpful if i typed acopy of the agreement Lonk have sent me?

[dx100uk]

get your cra file

 

see below

 

dx

[Bob G]

Why do I need my cra file?

[BRIGADIER2JCS]

Up to date credit file has useful data>

[dx100uk]

why do you think you need to pay link ?

 

let get the facts of how the industry see your debts.

 

for a start it will show if link do own the debt

 

and if they are trashing your file.

 

with link you need all the facts

 

and NOT believe anything they say or write

 

wanna know where all the money goes when people pay link...

 

http://www.homesandproperty.co.uk/property_news/news/millionairedebtcollectordigsdeepinsouthkensington.html

 

dx

[Bob G]

Checked CRA and Link own the debt, states account is in default.

[dx100uk]

ok bob

 

what is the default date and the opening date

 

dx

[dx100uk]

do the figures match with links demands too

 

looks likeyour going to be relying upon PPI or penalty charges here

 

got all the statements from MBNA?

 

dont think you can argue on the agreement side

[fletch70]

The agreement will be pretty much cast iron enforceable. As dx saysmaybe you have Ppi.

 

I have an online app from amex dated 2006. Luckily for me it is UE under S78 as what they sent me wasn't even an application form but data about me from their intranet .

[fletch70]

Dx all that article shows is how profitable debt purchase can be not that anything understand has gone on. Trust me i hate them as well but it is part of a perverted capitalist society and greedy financial sector.

[Bob G]

According to my last MBNA statement I owed £8563.89 on Link's letter I owe them £8575.89. Also there is no PPI. Also my credit limit was £8300.00 but with charges ect it went over.

[dx100uk]

there is something very wrong somewhere if MBNA has sold a debt of that size

 

you need to SAR MBNA and find the reason.

 

dx

[Bob G]

do I still need to send the sar to MBNA or Link as they now own the debt.

[dx100uk]

as in post 16

 

 

always the OC original creditor

 

dx

[fletch70]

Didn't mbna sell most if not all of their book.

[BRIGADIER2JCS]

NO just a huge tranch of bad debt.

[fletch70]

My mistake. They are leaving the UK market so they will have been maximizing profits by selling all of the bad debt.

[Bob G]

What is the best course of action for me now, and is it worth me doing a sar to MBNA.

[BRIGADIER2JCS]

Yes definitely.

[Bob G]

is ther a letter template i can use to keep Link of my back while i do the sar

[dx100uk]

no let 'em sweat.

 

dx