A&L/MBNA debt with Link

[tierisch]

Hi....bit of help please

 

Acummulated a load of credit card debt for which i owe about 18k to MBNA.

 

Over the months have had my fair share of harrassment from them and still do....in fact have experienced everything that others on here have experienced.

 

CAB are now dealing with them, and others, on my behalf although MBNA keep phoning and saying they haven't received the letters from CAB (strange when everyone else has).

 

thanks to the helpful posts from here i am winging them one of 'the dont contact me by phone' letters.

 

Even though a DMP isnt in operation yet (because they say they havent got the letter and SOA) is it worth trying to claim back charges etc.

I have been with MBNA for a long time so isnt there also some issue about agreements as well?

 

Any advice would be really welcome - they really are the most obnoxious company ever (apart from the so called ethical Co-Op who are less than ethical)

 

Thanks

 

Tierisch

[standingupformyself]

Hi Tierish.

Yes, you are right, there are lot of people on this site who have not been able to get a copy of their original agreements, particularly people who have had accounts with MBNA for some time.

 

First things first though. Have you sent a SAR off to MBNA? If you havent already done so, then make sure you send off a copy of your ID in it too, also dont forget to send it recorded. Adapt the SAR letter to mention that you have included a copy of your ID

 

By the time you add interest (at the rate they are charging you) to the charges these little darlings have added to your account, then you will surely see your debt reducing considerably.

 

Also, as your account is so old it will be interesting to send them a CCA, again send it recorded.

My bet is that they will not have it, which seems to make the process a little simpler in many cases.

 

You are right, MBNA can be totally obnoxious, but armed with information you can play them at their own game!

Good luck and keep us posted xx

[hellhasnofury]

Hello and welcome

 

MBNA are the worst, because they could not tell the true to save themselves. I have found that to my advantage.

 

I sent a ca request on the 11th April and put the account into dispute, they sold the debt on the 23rd April. They have stated in their last letter that they never received the ca request. But I have postage proof and they cashed the bl++dy cheque on the 20th April. They are so stupid

 

Their latest ploy is to send you a template credit agreement which is relevant to the new £12 fees, it has no name or details relevant to you, whatsoever. Now I am am aware under the ca section 77 they can omit signature, but they are going a bit to far with this one. I might send it back to them and state that they owe me all the contractual interest on this account.

 

My advise to you is to be very careful what you put in your letters, refer to the alleged debt at all times.

 

Do not expect them to be in any way, shape or form, truthful and just because they state it does not mean it is the truth.

 

Welcome on board the MBNA fight forum your journey will certainly be not boring and thoroughly educating in their underhanded tactics.

[tierisch]

Hi and many thanks for your advice

 

I recited the 'harrassment phrases' i found on here and suddenly the phone calls have stopped. Perhaps lulling me into false sense of security but it is certainly peaceful now!!

 

Got nothing to lose even though owe them money so going to see if i can reduce the debt somewhat. What is the thing with the CCA?

 

Cheers

 

Tierisch

[the main man]

A CCA or section 77-79 request is where you can request a copy of your original credit agreement, for a payment of £1 the creditor has to supply you with your original agreement, any other document referred to in it and a statement of account. If and when you receive a copy(within a strict timescale) you can check the validity of the agreement.

 

Guidelines - Requests For An Original Agreement Under The Consumer Credit Act 1974

[seabro]

tierisch,

 

after 8 months mbna have only located one of my 4 agreements and the one they located wasn't worth locating as it is nothing but an application form with my details on it - it is missing essential information known as 'prescribed terms' and as such there is no valid agreement between us which means I spent their money but we do not have a valid agreement as to how much or when if ever I would repay it.

 

which is not a nice position for them to be in....

 

My advice to you would be get CCA'ing!

[tierisch]

Hi

 

I have just been informed by MBNA that they have sold balance to Link Financial who i gather from the forums are a pretty agressive bunch. There is loads of advice on here but so much to wade through so can anyone give me a noddy guide of what to do next. I havent claimed back charges etc from MBNA but am going to now.

 

Should i send a CCA request to Link and MBNA and how does this make any difference?

 

Grateful for any tips or advice....not the only creditor though!

 

Thanks

Tierisch

[cashin]

Tierisch,

 

Have Linkfinancial contacted you yet.

 

Cashin

[tierisch]

Hi Cashin

 

Nothing yet...only letter from MBNA dated 7/11

[tierisch]

Cashin

 

Received first letter from link today.

Usual stuff like MBNA demanding full payment immediately.

I have sent a S.A.R - (Subject Access Request) to MBNA in order try and claim charges back.

 

Would it be worth sending CCA and SAR to Lnk now?

 

Cheers

 

Tierisch

[steven4064]

i would. The CCA should go to MBNA in the first instance, though

[tierisch]

OK but if i send a CCA to Link wll that hold them at bay for a while?

[steven4064]

You can, but sending it to MBNA should have the same effect (I supose it might not though)

[davey77]

Hey tierisch.. I have been dealing with Link Financial since May this year I have found that they are pretty weak once you show them you mean business and know what you are talking about. In my case they have certainly backed off for the most part.

[cashin]

Tierisch,

 

The letter from MBNA did they give correct account number in the letter they sent regarding the sale of the debt to Link-Financial.

It appears that the common practice for MBNA is to issue a random number.

 

If this is the case Link-Financial have no grounds to ask you for payment, and in any case if Link-Financial are unable to supply copy of original Agreement the debt is unenforcable until such time as a copy is produced.

 

I suggest you CCA Link-Financial not MBNA as MBNA will comply if the debt is post 2002.

MBNA also on sale of accounts to DCA usually delete customer records so this can make it very hard for Link to obtain copies of origional doc`s.

 

Regards

 

Cashin

[tierisch]

Cashin

 

The letter from MBNA informing me they had sold on the debt had a different account number. I did ring them to clarify and was told it was an old account number??? However the letter from Link does have the correct account number on (unfortunately).

 

Sending the CCA to Link today so will wait and see what happens with them

 

In the meantime have sent SAR to MBNA to see if i can start grabbing some charges back especially after the hassle they gave me!

 

Thanks for all your help

 

Tierisch

[cashin]

Tierisch,

 

Ok... I am guessing not on this one, have MBNA issued a Default Notice??

If the answer is no then also request it when you send the CCA.

Link will then go quiet for a while a suspect.

 

Do not contact Link by phone only written communication.

Time scales for CCA 12+2 working days then one calender month.

No response after this Link are in default and can only enforce the debt through the Courts whereby they will have to produce the ORIGINAL Agreement.

 

Should no agreement be produced then the debt is not enforceable.

This is very important if you are a homeowner.

 

Regards Cashin

[steven4064]

You should also send MBNA a CCA request, if you haven't already

[Goldlady]

MBNA are pretty bad at keeping copies of agreements:D Good luck

[steven4064]

Correction - MBNA are pretty bad, full stop

[Goldlady]

- I suppose the fact that they rang my neighbours kind of confirms that.

 

I was a very happy bunny the day the letter arrived saying they couldn't find my CCA and I would never hear from them again. Deserved it 100%

[cashin]

Steven,

 

Why would you want to send a CCA to MBNA when the debt has been sold and they are no longer responsible?

 

Cahsin

[davey77]

The issue regarding the change of account numbers when passed to Link is something i have raised back in July with MBNA. A reply from Gail Powell, Vice President, in part was that:

 

I would also like the clarify the issue of the unrecognised account numbers. When an account is sold, we automatically create a new account number for the agents purchasing the debt. The account numbers given on the letters sent confirming sale of the debt relate to the original account numbers as follows:

 

Account number xxxxxxx is related to account xxxxxxx

Account number xxxxxxx is related to account xxxxxxx

[steven4064]

Why would you want to send a CCA to MBNA when the debt has been sold and they are no longer responsible?

Because, under the CCA, they are still responsible for the credit agreement. They only sold the debt, notteh agreement.

[tierisch]

An update and a what do i do (if anything next).....Sent Link a CCA request ages ago and have had heard nothing from them which presumably means the debt is unenforceable.

 

In the meantime i havent paid anything to either Link or MBNA.

 

Have SARd MBNA to claim back charges and they have sent the info so will be going ahead with that.

 

Any thoughts on what i need to do next, if anything?

 

Cheers

 

Tierisch