Link Financial chasing deceased parent MBNA debt at my address

[lolo1]

Well well well. 

 

https://www.dailymail.co.uk/news/article-3488620/Hundreds-lives-left-ruins-debt-management-firm-run-Tory-MP-s-husband-goes-bust-500-households-facing-loss-large-sums-money.html 

 

So this compass company above were also corrupt 

[AndyOrch]

When does the limitation period start?

The start date of the limitation period is whichever of the following happened most recently:

The last time you wrote to the creditor acknowledging that you owed the debt

This needs to be a signed letter from you to the creditor. In some cases an email can also count as written acknowledgment.

 

A letter from a third party sent with your permission by someone who is acting on your behalf also counts as written acknowledgment. This includes letters sent by advice agencies or debt management companies.

 

The following do not count as written acknowledgement of a debt:

• A letter from you to the creditor clearly stating you don’t owe the debt
• A letter from the creditor to you
• Speaking to a creditor over the phone

https://www.stepchange.org/debt-info/can-i-write-off-debt/statute-barred-debt.aspx

[lolo1]

Thank you- so this would class as acknowledgement? It would only have been 4 years 2014-18. I have asked if he paid anything in the 5 years before this. I suppose it doesn't matter. Is that it then?

 

Back to an original question. I know new rules came in for debts 2007 + but this one was 2006. Will MBNA have to provide original signed agreements or will a court allow made up ones (not sure what the technical terms are). I know there was a recent case or two where these ones that merely showed 'a typical' agreement were allowed? I'm desperately trying to work out IF I have an argument for it being unenforceable still?

[AndyOrch]

If there was a period of 6 years pre acknowledgment then yes that would suffice as it was already statute barred.

 

With regards to pre and post April 2007 agreements its very much depend on the judge on the day.But yes technically provision of sections 61 a and 127 (1) of the CCA1974 would play.

 

Now requesting a copy of the CCA as an executor is another minefield  

[lolo1]

Thank you- he resided in Scotland and had been since the 80s so it would be 5 years.

It would mean that they have to show payment 2009-14.

 

He was abroad for all of that time, so that will be interesting.

I have a couple of his statements from 2012 and no sign of any 'payment' to mbna in those.

 

The ombudsman has said something about receiving a reconstituted agreement but I 'think' that they were only allowed for 2007 +. By law do they have to state 'it is enforceable' 'it  is unenforceable' if asked? I have asked that question and no response. I thought I read that they 'had' to state that when asking for monies? 

 

IF it turns out it has to be paid- has anyone successfully offered Link less than supposedly owed? 

 

I'm so sad for my dad as 1 year later (2019) it was statute barred even after the debt counsellor contacting them.  

[AndyOrch]

A reconstituted version can be supplied in complying with a section 77/78 request..that is legally valid and acceptable.If they wish to enforce the agreement in court through litigation in theory the Original signed executed agreement would be required.The changes were never retrospective....others would argue yes but they superseded.

[lolo1]

thank you- I'm not au fait with these terms. What does that mean in 'simple idiots guide terms.? 

 

[AndyOrch]

Section 77/78 is a CCA request as you call it

[lolo1]

this part-

 

If they wish to enforce the agreement in court through litigation in theory the Original signed executed agreement would be required.The changes were never retrospective....others would argue yes but they superseded.

[dx100uk]

as post 73....

not sure how many more times in this thread we need to say this.

[FTMDave]

To me your starting point should be to understand what companies like Link are about.  In fact you call them "Stink" upthread which is a good start.  

 

They send out probably hundreds of letters a week, without bothering to do any due diligence (which is why they wrote to a dead person despite having received a death certificate, twice) as a fishing exercise.  People who ignore them get left in peace till the next daft letter.  People who take their threats seriously and reply will be told every lie possibile to get them to cough up.  And this is where you are at.

 

Of course you had a legal requirement to tell them the debt was SB and to send them a death certificate, and I think you did this over a year ago.  That was that, your legal duty fulfilled.

 

How can you be "awaiting" proof of the debt?  When my brother died all the companies concerned, even the useless DCAs, all immediately sent proof of debt.  How difficult can it be to click on a file and send details of the debt?  After a year?  Methinks the debt doesn't exist.

 

DX & EB have years & years of experience dealing with companies like Link.  If they advise to ignore is it is because ignoring in countless cases over many years has led to a good result, while corresponding with these chancers has led to the opposite.  There's little point in asking experts for advice and then doing the opposite.  

 

You've done your legal duty.  Now is the time to ignore Link's rubbish, unless

   - they send you formal notice of legal proceedings, an LBA, which is about as likely as me winning a skiing race in Hades (unlikely as I can't ski)

   - they prove the debt exists, which should take an instant but they have failed to do in over a year.

[lolo1]

Thank you- it wasn't that I ignored the experts, it was that different things came to light so I had to ask about those eg: the debt counsellor letter that surfaced so I was checking in with what that may mean.

 

Before that, the estate ceased being insolvent and so I asked about that.

 

I appreciate everyones help.

I don't want this to be plaguing me for years to come.

 

Link sent an immediate letter to a solicitor they 'believed' was looking after my dad's monies

(they were told it was not my dad's solicitor but his deceased mother's) so they sent a letter stating what he owed. 

 

Can I ask what evidence your DCAs sent to tell you that monies were owed?

[FTMDave]

OK, briefly, my brother led a very disturbed life and died with over 22 grand of debts.

 

In just about every case the companies who actually owned the debts, or their pet DCAs, e-mailed me copies of the original signed contracts and computer details of payments month per month.

 

(I know the experts here aren't keen on e-mail, but this was a long time before I joined the forum and as I live abroad e-mail seemed the obvious way).   

 

I didn't have to ask, they just did it automatically, I assume it's standard procedure.

 

In fact logically it can't be that difficult, just a case of clicking on a name on a computer and attaching the files concerned.  That's what made me ridicule that Link are making you "await" details of payment.  If the payment exists they have the details on their computer!  It's like me saying I can't communicate immediately which sort of socks I'm wearing today or what I had for breakfast this morning.   

[lolo1]

Thank you.

 

According to stink, when they were sold it in 2014- they were told by the OC that  a payment had been made in 2014- soooo 'patiently' waiting for their evidence to come from the OC.....tick tock tick tock.

Until then....they will not be getting a cent.

 

IF they come back with a statement of a payment, I will then check where/who that payment came from, knowing they are prone to making up such random payments.

 

According to the ombudsman they do not have to provide the original signed agreement - so I will also be querying that if they forward on the reconstituted one.

 

It's a 2006 debt so am sure it comes under the 1974 law.

 

I have also seen a couple of threads that state, this will depend on the judge- if it gets that far.

[dx100uk]

but they will have to ..to enforce the debt in any court ...a recon which 'looks like' what he signed will be no good.

and to date

we've never seen a thread here nor been alerted to one elsewhere where an exec HAD to pay a dca on a dead persons debt after they had won in court...just because they found a payment had been made by the deceased person within 6yrs... let alone any case concerning a living person.

 

wont happen.

 

 

 

 

[FTMDave]

You would have thought that when Company A buys a debt from Company B, that Company B supplies the payment history.  I mean, it's not difficult, it's not like they have to physically carry a hundredweight of files from office to office, they just have to forward some files on a computer!

 

You're right to not give them a red cent.

 

I know you're trying to make sure every eventuality is covered, which does you great credit, but the reasons the experts have said to ignore Link is because such dishonest companies will lie & lie & lie to get £££££ … so beware of their tricks.  If this payment is real (I bet it's not!) they should have sent you the details a year ago. 

[lolo1]

Thank you everyone who has taken the time to post and help me. It's such an awful thing to have to deal with as a grieving daughter. 

 

I believe that perhaps this was another credit card taken out in my father's name by his unstable girlfriend

- it transpires that she also (same period of time 2004-6) took out a store card in my name and my date of birth (basically as me) and this only came to light after his death. I have managed to prove it was not me and the store have now disassociated me from the account which had 2k debt on it.

 

My dad hated credit cards and store cards- I'm 100% certain of that.

He didn't need them also as he earned good money.

 

My father was abroad working also in those years - I think it will be impossible to prove it was not him and the only hope I have in proving it was her and not him (identity fraud) would be if I can actually see a signed contract with his exact signature on it.

 

As he 'loved' her supposedly, he also wouldn't shop her (but did get very mad) and he realised that she (before him) had taken out 70k worth of debt and had ppi. It looks like on this card he applied for the ppi back (and got some). Again this will mean that they will say he 'admitted' to the debt.

 

I 100% believe that IF this debt exists, it was not his doing.

What an absolute mess.

 

She's still alive and living in a house now paid off as she used to take £300 every two days from his account and hide it under her mattress. Obviously wasn't allowed a bank account as she was declared bankrupt. 

[AndyOrch]

Of course after 7 weeks of advice your above post completely changes the course of this thread now we know about the Girl Friend..pity you didn't include it in post 1.

 

Andy

[lolo1]

It's not certain but a possible  

[ericsbrother]

but you failed to mention THE most important part of this saga

[dx100uk]

stick to the facts of the link owed debt please ...

was the ppi was associated with this card?

and even so, again if it was, we've never seen a PPI refund, made by the OC, used in any successful case to counter a debt being SB'd.

 

[lolo1]

Thank you. Indeed, regardless of who took it out allegedly. It's in my deceased father's name so I just need to focus on that and whether it was SB before it was sold on to Stink. 

Re: the ppi. The only letter I have is dated 2017 which declines a ppi payment owed and alludes to one having been paid out. I'm assuming therefore it was for this alleged debt. My dad tended to keep all sorts of documents and letters so particularly suspect that there is 'nothing' from stink apart from the ppi payment one above (2017) plus one from 2014 saying 'sorry we haven't been in touch, we were clarifying your address.' No mail from mbna the OC. 

[lolo1]

So all hopes now dashed.

 

This statement has been sent through

- however what is finance charge?

All of those huge amounts?

 

No wonder the balance is thousands.

Could I dispute those?

I don't want to give these cowboys a penny more of my darling dad's money that isn't fairly owed.

There isn't enough to pay them the balance anyway.

 

 

Transaction history.pdf

 

It has the account number on though so I can't take that off. The bit I'm interested in is that in 2006,9,10, 11 he was charged thousands in Finance charges. In july 2011 alone over £500 in fees. I really think I should appeal this? In 2012/13 he only appears to have paid each month but no spending. It looks like a dd was paid 29/4 2014 but then where the money was coming from (apparently) changes account number. It was sold on 30/6/2014. 

 

sorry thousands and thousands in interest for the whole of 2008, 9, 10, 11.

[dx100uk]

that is a load of ole twaddle !!

 

so what has this come from 

by email?

 

or who's name is on the statement heading link MBNA or blank?

 

it doesn't make sense 

so he was paying £202 PCM every month from sept 2011 to april 2014 sometimes double in the mont sometime treble..year..ifcourse he was link!!

ruddy fleecers.. that's +6k alone!!

 

go back to school link and ream up another spreadsheet that looks better

you can ofcourse counter this if you wish by checking his bank account for matching transactions

and ofcourse they wont exist?

 

 

 

[lolo1]

It's so fishy.

It's come from mbna via the ombudsman.

 

He applied to mbna for the statements despite me saying I didn't want him to as he was helping Link with their evidence.

What is ridiculous is the ones I attached had no headed on.

 

The other ones on the same email to me been sent through, have mbna statement and his address etc (as you would expect) and show the account listed as £5000

- then a balance of zero (as says was sold on).

 

any idea what I can do with these finance charges?

It is absolutely ludicrous he was paying mbna over those years the dd and they have charged huge fees.

Would that be the interest on the balance that of course they are keeping high as it means he is never paying off any of the balance when the interest/finance charge  exceeds his £202 pcm payment.

Please tell me what to do next

- I need an idiots guide. 

 

They have also forwarded me 130 pages of Virgin statements.

These 'are' headed from 2012 (believe it comes under mbna?)

but these statements only say balance

- payment received ,

then the balance rises

but it says interest is zero on these.

 

How is the balance rising when there is no spending on the account and no interest applied?

It goes from a 5000 balance to 10,000 and no evidence in the statement of what he spent.(if actually HE did).

He was abroad. 

 

I just realised that I was reading the statements back to front, re: my last post about virgin/mbna.

This doesn't take away from the fact the obscene finance charges.

 

Surely I can dispute that part?

He wouldn't have had any of that balance left without those.

Sick.