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    • Para 4, ICO technical  guidance on the filing  of defaults at CRAs   4 It is an accepted industry standard to record only serious ‘defaults’ with credit reference agencies. The term ‘default’ on credit reference files is used to refer to the situation when the relationship between the lender and borrower has broken down. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default. Where a code is used to describe a default or variation in payment, it should always be accompanied by an explanation in plain and intelligible terms which informs the reader of its meaning. 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Link Financial / IDR Finance UK II Ltd / MBNA


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Hi everyone

 

I hope I've posted this in the correct forum as I'm back again just looking for advise and general pointing in the right direction.

 

I've received a letter (PDF attached) and presume at this stage all I can do is send a CCA request to Link?

Do I send a SAR to Link and MBNA or just to MBNA as they were the original creditor?

 

Regards

Suss

Link.pdf

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you already sent MBNA an sar on your other MBNA PRA thread

 

when did you last pay Plink?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX

Thanks for the speedy reply.

 

(The MBNA PRA thread was a different card which was my wife's but it was easier to talk about it in the 1st person tense. I hope I didn't cause confusion or problems doing it like that?)

 

This one is mine and I checked my credit file on Equifax this morning and it shows that the card was taken out in 2002 and a default issued in July 2012.

I have a letter from Link dated the 8th October 2012 that they were "assigned" the debt on 26th September 2012.

I have "buried my head a bit" and haven't paid Link anything in that time.

I have had the odd letter from them and annual statements.

 

Suss

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have you moved since taking this card out?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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but since then you've informed MBNA and or link of your new address in writing?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes, MBNA have been informed of my current address and there has been correspondence between myself and MBNA at this address before they sold it onto LINK.

Link have only written to me at my current address as this is the only place that I have lived at since I have had any dealings with them.

 

Suss

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so your last payment or use could well have been several months before the default

so could be approaching the statute barred date

hence link wanting to spoof you into paying pretty quick.

 

no harm in ringing MBNA and asking last payment date

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX

 

I haven't managed to ring MBNA yet but I have just checked my credit file on Experian and it shows AP (arrangement to pay) for most of 2011 and up to June 2012.

Last payment according to Experian was in May 2012 as the payment amount in June was £0.

The box for July 2012 has a D in it and status says Defaulted Account.

 

So, any advice on where to go from here if possible please?

 

Regards

Suss

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is there a defaulted date in the debt summary

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

great so the account will vanish from your file on the defaults 6th birthday regardless

 

is this the only recent letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The last thing I received from them was a "Statement Of Account" with a "Notice of Sums In Arrears" at the bottom of the page in September 2017.

Before that was the same but that was dated March 2017.

 

In February 2017 I had a letter saying that

"We have not written to you for some time as have had to validate your address" and they "Would like to speak to me" etc.

 

Then September 2016 I had another "Statement of Account".

 

Just looking through the paperwork I have from them

I seem to get a statement from them in March and September and a letter saying "please call us" in between the statements.

 

Suss

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so plink up to there usual tricks

we have to validate your address...total BS just trying to entice you to talk on the phone which you should NEVER EVER do with a DCA

DCa's like link will threaten and intimate anything over the phone to frighten you into payment

that if they put in a letter they'd be struck off the register by the FCA etc.

 

all the statements/notice of default sums etc

are because they think they can charge you interest on this.

 

they cant I bet MBNA terminated the account before sale in? june 2012

 

so you've not paid plink anything

all the payments weer to MBNA direct

then when the sale happened the payments stopped.?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Nope. Nothing has been paid to Link and all payments were direct to MBNA.

 

The figure seems to be the same as what MBNA said it was when it was sold.

 

I think the account was terminated by MBNA in August 2012.

 

I got into financial difficulties before then and I think I was paying a reduced amount to MBNA before it went to Link.

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so roll on next august then it'll be SB'd

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Yes, that's what I was thinking too.

 

In the meantime as their letter states it will be passed onto Kearns Solicitors, what's my next move?

 

1 : Do I wait and see if it goes to Kearns and see what they do (issue court proceedings)?

2 : Do I SAR MBNA so I've got information if they do No.1?

3 : Do I CCA Link and see what I get from them (if anything) or do I leave the CCA until No.1?

 

Suss

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kearns are just the next desk with a diff bloke in a diff coloured skirt

he uses the same printer and probably the same auto threat-o-gram PC .

 

SAR is a must get prepared.

 

I gather you've never responded to link ever?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi DX and thanks for your reply.

 

I'll get a SAR off to MBNA.

I don't recall ever speaking to Link and I have no recollection of writing to them, so I am pretty sure that I have never responded to them.

I know I keep asking but do I CCA Link yet or wait and see what happens?

 

Suss

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SAR mbna

cca hold

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • 3 weeks later...

Hi all

 

I received the attached letter from Kearns on Saturday morning.

 

Just wondered where I should be going next?

 

Towards the end of the attached letter it says "Failure to respond within the stipulated period will result in Court proceedings being issued" so do I wait for a claim form to arrive (if they do send one) or do I send a CCA to either Link or this crew?

 

In the letter was a"reply form" which had different tick boxes if you admit the debt, dispute the debt or need more information about the debt etc. and also an income and expenditure form. I haven't attached these but I can if required.

 

I have sent a SAR to MBNA which has been received and signed for at their end so am waiting a response.

 

Thanks in advance

 

Suss.

Kearns.pdf

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oh the new PAP

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

yes you now reply

and you CCA request them.

 

reply under PAP rules to kearns

 

sent plink the CCA request

 

DO NOT SIGN ANYTHING!!!

 

you do not need to fill in the I&E

 

reply to kearns using the pap form..

dispute

need more information

asking for any/all documentation they intent to rely upon should they issue a claim.

 

Signed Agreement

default notice

notice of assignment

full list of statements detailing how the balance has occurred

listing of all penalty charges/admin fees or any other fees levied by the original creditor and/or any debt collectors.

that have been added to this alleged debt.

 

...................

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

as I wrote yes

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
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