Link Financial & MBNA debt

[Micky the Hippo]

Hello all,

 

 

I've had a long standing MNBA credit card that I've been slowly repaying at ludicrous rates of interest for a very long time,

 

 

I was out of work for three months in the summer gone,

MBNA were very reasonable, froze the account for six months

 

 

when i got back into work they refused to agree to any sort of payment plan other than a capital sum

and essentially insisted on defaulting and selling the debt on.

 

So the seemingly rather notorious Link Financial have now invited me to call them to discuss options.

 

I've just posted the CCA template letter, along with £1 PO and a printed signature.

 

I'm a seasoned veteran of the happy time of bank charges so have the general gist although I'm a bit rusty,

I remember how good these threads were for keeping continuity but of course all good advice is welcome. The debt is a little under £10k.

 

Broadly speaking where is it likely to end up?

 

 

I can afford a certain amount of monthly repayment but a capital sum is out of the question.

 

Thanks

Micky

[renegadeimp]

You wait and see what link produce first. Meanwhile you sar the oc and reclaim

[Micky the Hippo]

Meanwhile you sat the oc and rwclaim

 

wha?

[renegadeimp]

SAR the OC and reclaim. The autocorrect on my phone is terrible.

[renegadeimp]

Non compliance with a CCA request means they cant enforce court action. They can only beg you to pay. You dont tell them they havent complied though. Link know full well that they have failed, they just hope you dont.

[Micky the Hippo]

reclaim charges?

 

That's a whole different matter surely and the OFT pretty much put a stop to that anyway didn't they?

[Micky the Hippo]

I thought the courts now accepted reconstructed credit agreements?

[SabreSheep]

not on credit cards

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?423713-Barclaycard-Link

[dx100uk]

only rarely and only on agreements post apr 2007

[dx100uk]

go get 'em!!

 

 

dx

[angry cat]

I thought the courts now accepted reconstructed credit agreements?

 

A reconstructed credit agreement has to be based on a valid credit agreement;

it cannot be reconstructed on mere conjecture!

 

To correctly reconstruct the Creditor would have to hold copies of the original credit agreement inception T&Cs plus those T&Cs as varied under the agreement.

 

This is made quite clear in the Copies of Docs & Cancellation Notices Regs...

[Micky the Hippo]

Thank-you

 

But if they have whatever you originally signed then they must have the original document

and if they don't have the original document then what do they have to produce to prove an agreement?

 

(I appreciate you might say this is in the Copies of Docs and Cancellations Notices which I suppose I should read)

[SabreSheep]

If you want help, feel free to post draft letters here and pocs etc. Help will be forthcoming

[dx100uk]

posts from someone elses thread copied here to your own.

[dx100uk]

Thank-you

 

But if they have whatever you originally signed then they must have the original document

and if they don't have the original document then what do they have to produce to prove an agreement?

 

(I appreciate you might say this is in the Copies of Docs and Cancellations Notices which I suppose I should read)

 

 

if they have the original they must produce it

 

 

dx

[Micky the Hippo]

Well yes but if they're allowed to reconstruct then that's the easy way out surely?

 

I recall getting one from someone, may well have been MNBA and it was a raggle taggle collection of photocopies and whatnot, with my signature on it somewhere, perhaps I might have given it more scrutiny at the time

 

Oh well see what come from this one, if nothing else it's going to put off la Link for w hile I suppose

[dx100uk]

you are seriously missing the point.......

 

 

dx

[SabreSheep]

I thought the courts now accepted reconstructed credit agreements?

 

Only to satisfy a cca request.

To enforce agreements from BEOFRE 2007 they need the original in court

[theoldrouge]

this is what they need to adhere to in order to comply with your s78 cca request

 

http://fshandbook.info/FS/html/FCA/CONC/13/1

 

of course if they were to send you an application form ,which included the correct p/t's,along with the correct t&cs at inception and closure

 

and a simple statement of ac, then they would have complied

 

if the application form did not include the prescribed terms, then you would be looking at a s61 issue

[Micky the Hippo]

Hello all, I sent the demand for the CCA off as suggested not long after my last post, had the standard 'we need more time, about a month' reply and then it all went blissfully quiet and I started to think they couldn't find anything.

 

Sadly an envelope arrived last night with what looks like a copy of the original agreement with my signature from 2001, the copy just about legible and a rather spick and span terms and condition running to a dozen odd pages, I've done no more than skim through it and sigh, and I'm yet to read the doubtless splendid document from this site on what constitues proper compliance. I'll scan it all and upload this evening.

 

That was a short letter enclosed stating I owed 9.5k and was welcome to post them a cheque, yeah right.

 

Thanks

Micky

 

Here\s what I got in response to my CCA request. I can;t see any signature from MNBA bar what looks like some sort of stamp in the centre over the small print.

 

The first set of T&Cs with my address at the time of the application start at what I assume is 10 ©, at least one page seems to be missing. That's two pages.

 

The second set with my current address is 8 pages.

 

There was a covering letter and what looks like all the things I would have entered into an online application, gawd I earnt a lot back then.

 

Does a missing signature from them and a missing page of T&Cs (and any other T&Cs that would have existed between 2001 and 2015) make this invalid? I will read some other CCA threads, promise but grateful for any insdights

 

And given it took them four plus months to respond to the CCA request, can I now send them a SAR for some more time off?

 

Many thanks

Micky

[SabreSheep]

If opened before 2007 they will need the original to enforce in court.

 

SAR would go to the original creditor.

[dx100uk]

attachment unapproved

remove bar codes and ref numbers.

 

please and put back up.

 

you were told to sar the oc in feb,

why did you not do so then?

 

 

this all could be dead if you'd done that by now.

 

 

dx

[Micky the Hippo]

Hello both and thanks

 

They'd need the original what to be approved in court? I appreciate this is all known to you but not to me, thanks.CCA or T&C, they both look to my inexpert eye to be from 2001, although the T7C is missing at least a page

 

As regards a SAR, at the time I was only interested in seeing if they could produce a valid cca, and the question now is whether sending a SAR might extend the time off from action by more months, this place, with all respect seems have become a little less polite than it used to be.

 

I'll edit the pdf and upload over the weekend, thanks for the non-approval, yikes and sorry about me, I thought I'd been careful

 

Thanks for the help to date, a lot of detail here that is new to me

Micky

[dx100uk]

the sar is going to the ORIGINAL CREDIT

nothing at all to do with Plink and any action

or

even if they will or need to know you are doing it

none of their ruddy business

 

 

they are a debt buyer that tries every trick In the book to fleece people.

 

 

as said before, if this debt is pre Apr 2007, they'll need the original signed agreement

and the original T&C's in full

to even think about going before a judge and wining a defended claim.

 

 

wanna help pay for this...

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-Kensington

 

 

if you've not been reading around

a dca is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

 

 

dx

[Micky the Hippo]

Hello again,

 

 

here's what they sent me in reply to the CCA, with anything resembling a code or barcode blanked,

apologies for the first effort and thanks for not letting it go up.

 

 

As said the original T&C, straight after the slips with me 2011 signature seem to be missing the first page at least,

and I can't see any signature from them,

 

 

there's something hard to make out in the middle of the slip signed by me but it looks like a date stamp of some kind.

 

 

And presumably those slips are tearoffs from a larger page?

Is that significant or can they stand alone?

 

Am I right to think that a CCA or a SAR puts the account into dispute, if so how will LINK know that if I send a SAR to MNBA?

 

Thanks for the help so far and please bear with my endless questions,

 

 

I do like to understand things.

 

 

Aye aye to who and what LINK are and are not.

 

Thanks

Micky