Link Financial chasing deceased parent MBNA debt at my address

[AndyOrch]

Im not cross at all lolo...but sometime particularly when you are dealing with such matters like this......less is always more..the more you escalate the deeper the hole gets and you cant get out of it.

There are only two things for you to do....send the statute barred letter to link..its for them to prove its not and that Dad made payments to them and acknowledged the debt.

If they can prove it and they write to you with evidence in your name as executor...you then send them a section 78 request (CCA).

Until a court claim is issued in your name as executor....forget all about this.

[dx100uk]

Radio silence time

[lolo1]

Thank you. Will do that.

 

Have just looked again at the letter I sent to the other DCA before they wrote off the debt (closed their file) and I haven't told any porkies or misled them so I can't get in trouble with that one either.

 

I did send a SB letter to stink in Dec (registered) and they ignored it then wrote directly to my deceased dad again.

I'll sit and wait and see what they do.

 

I'll also not touch any estate monies until this is resolved or I'll find myself perhaps in debt myself for not carrying out my duties properly.

 

Thank you for your patience.

 

IF they have written to my dad after 2009 (within the 5 years), can it be 'any' letter or does he have to had acknowledged it?

If there is a link to this answer, please do direct me so that you don't have to answer that one.

 

[dx100uk]

Send the Scottish sb letter in his name from wherever he left the earth.

you should never have written or replied in the first place.

for future readers..TAKE NOTE!!

[AndyOrch]

" IF they have written to my dad after 2009 (within the 5 years), can it be 'any' letter or does he have to had acknowledged it? "  

 

Its the other way round...your Dad had to write to them to acknowledge...its irrelevant what the DCA writes

[lolo1]

I thought / believed that too re: he had to acknowledge/write but what is deeply concerning is that an FO has stated that all they need to do is 'show they have communicated with him.' OMG 

[lolo1]

I'll request the CA if and when they prove it's not statute barred FO said 'they have sent him one (a CA) and it "looks like it's right but it's the reconstituted one, which they are allowed and will stand in a court." "They will not necessarily have the original" he quoted. !!!! 

[AndyOrch]

Only the holder of the agreement can request a copy using section 77/78...until they write to you in your name as executor of the estate of the late xxxxxxx

they are not at liberty to comply

[lolo1]

Ah ok Do the FO actually know the laws? This is mind boggling!

[lolo1]

Please could you post me in the right direction for your excellent Scottish SB request again. I will print and send recorded this week. I've been getting panic attacks from it- it's a disgrace and not what you want when your beloved dad dies and you are trying to work at the same time

 

Edited March 9, 2019 by lolo1

[AndyOrch]

On second thoughts I wouldn't bother sending the SB notice.....its making the hole a little deeper and you are in away bowing to them as some kind of creditor.

[lolo1]

ok- won't send. I'll await and see what the FO gets back- they have already submitted comms to ask for evidence of SB.

 

If it comes back as 'this is our evidence'- if possible can I come back and ask you if what they provide is 'evidence'?

I will then close my comms with the FO.

Bit late to do that now so will wait. 

[ericsbrother]

please read carefully what people say,  you dont ahve to provide any evidence and they will lie to you to get some money that isnt due just to recover what they have wasted so far on a wild goose chase.

 

You cant resolve this by being reasonable and as already said, continuing to write to them makes them think you belive they have somehting to say when they dont.

Ignore them and then if they write again ignore them some more.  They will soon run out of steam and in the meanwhile there is another clock ticking away and that will kil stuff them.

just dont do anything or say anything and you wont get it wrong

 

[lolo1]

Thanks everyone.

 

As the executor (now I am), I'm not allowed to ignore any person/company who alleges their is debt owed to them.

 

What I am to do is of course investigate it.

So that is of course what I am doing.

 

I have asked for evidence that it is not statute barred.

I will then need to ensure that the evidence ifs 'correct' and 'authentic' of course.

I might need some help with that as you are all so experienced in this.

Unlike me.

[ericsbrother]

What do you mean you are not allowed to ignore them?

You have put the cart before the horse and throughout appear to be looking for reasons to fail rather than just accepting the advice.

 

They will not give you proof the debt is active, they dont have to.

If the debt IS SB it is still a debt ( assuming they can prove that) but just cannot be enforced which entitles you to not consider it when doing your duty as executor.

 

Now stop corresponding with them and the debt will die in 6 months anyway, even if they had a valid claim.

 

Dragging this out by your need for reassurance is only prolonging the inevitable, they aren't getting anything  because it isn't legally due to them.

 

you should have just told them it is SB and let them squeal or show proper evidence it isnt

[dx100uk]

the debt will not still exist after SB, this was taken out in Scotland ...the debt here is extinguished after 5yrs. does not exist...

[brassnecked]

Yes gone, ignore them

[lolo1]

Well according to Link

- the debt was not SB as my father paid an amount 2 months before it was assigned.

Waiting to see the evidence.

 

Has anyone known instances where they 'invent' a small payment made?

 

How do you check if they have just listed a payment and actually it was not made by the debtor?

 

I think I read somewhere that Link/others do this. 

[dx100uk]

oh yes Link are masters at creating phantom payments all the time

used to be their favourite trick.

 

incidentally if they are saying 'before assignment' - that means to the original creditor

a quick phonecall to them [the OC] will disprove this as they MUST hold data for atleast 6yrs under the 

prevention of fraud act 

and 

the Data protection act.

 

dx

 

[FTMDave]

It's not up to you to check, it's up to them to show the evidence.

 

When my brother died and I was in your position all the various companies he owed money to as a matter of course always immediately sent proof of the debt.

 

Otherwise I could just read the obituary section of the local newspaper this week and send letters to all the deceased people's families saying the dead person owed me £500.

 

No way would they take you to court

   - it's not really their debt anyway

   - presumably MBNA sold the debt as they thought they had no hope of getting any money

   - the person who owed the money is dead

   - there are no assets

   - the debt is statue barred.

 

Ignore them & their shenanigans.

[ericsbrother]

even if a payment had been made they still have to prove HE made that payment.

A refund of some fee wont restart the clock nor will a well meaning relative sending a cheque to help things out, 2 things they like to try and tell you will when they know it is untrue.

the other common one is to allocate the £1 statutory fee for a CCA request towards the debt, again a no-no

[lolo1]

thank you for your help still with this

 

Waiting to 'see' what apparent amount he 'apparently' paid. And indeed if it was him.

 

It looks like my father 'may' have signed a debt clinic letter in 2014 (think that is what it is called) involving an mbna debt and the ombudsman said that is perhaps evidence he has admitted to the debt and acknowledged it?

 

IF it turns out it cannot be classed as statute barred, how do I go about trying to get the amount owed (full and final settlement) decreased?

 

Has anyone had any success with making an offer with this hideous company 'Link'?

 

I'm assuming the fact the owner I worth millions that they do not accept a penny less?

[dx100uk]

Never seen a court claim bough for a supposed letter of admittance.

Stop falling for their tricks!!

Ignore then!!!

[AndyOrch]

[lolo1]

This is the debt counsellor letter been sent to me.

It was signed by my father on May 2nd 2014 (I can see it's his signature supposedly and name printed) and on page 2 lists his outgoings etc.

 

Interestingly the date at the top of the letter is Sept of that year - 5 whole months later? 

My father supposedly took this card out in 2006.

 

MBNA told Link (waiting for evidence) that he last paid something in 2014.

My query is when he had died in 2018 - why had they not taken him to court? It's 4 years!

 

Please don't say ignore them - I'm executor for his estate and I have to make sure that it is enforceable or not enforceable before distributing monies to other creditors and beneficiaries.

 

There isn't a lot but I will be held liable if it is proven Link is owed that money.