A&L/MBNA debt with Link

[steven4064]

Tierish

 

I would hassle Link over the CCA request. If it is longer than 12 days the account is formally in dispute and the may not enforce it (s78(6) of the CCA 1974). If it is longer than a month after the 12 days expired, they have committed an offence under the same section of the Act. I would include the relevant bits of this information in the letter. Add that, as you are reclaiming unlawful charges from MBNA, you dispute the amount of the debt as well.

 

Secondly, press ahead recaliming the charges from MBNA.

[tierisch]

Thanks again for your help.

 

Going ahead with reclaiming from MBNA (with some pleasure i have to add!!).

 

As for Link is there a template letter to send them as they are way over the month (never mind the 12 days)? In the meantime i have made any payments as far as i understand the debt is unenforceable?

 

Cheers

 

Tierisch

[steven4064]

What about this:

Account in Dispute

Account Number xxxxxxxxxxxxxx

Dear Sirs

 

On date I sent you a request for a copy of the executed agreement for the above account pursuant to s78(1) of the Consumer Credit Act 1974. You have not replied to this request within the statutory period and therefore, under s78(6) of the Act, you may not enforce any agreement you may suppose to exist between us. That means, you may not

 

1) request payment on the account

2) add any charges or interest to the account

3) communicate any details regarding the account to any third parties. This inludes but is not limited to Credit Reference Agencies.

 

Further, since more than one month has elapsed after the end of the statutory period, you have committed a summary offence under s78(6) of the Act. I will be making this fact known to the OFT and my local Trading Standards Office. Should you commence court proceedings against me, I will also make this fact known to the court and use the fact that you have not provided a copy of an executable agreement as my defence.

 

I trust this makes my position clear. If you do not understand any part of this letter, you should take advice from a qualified solicitor.

[tierisch]

Thanks for that continued help....one letter winging its way to them! Should i go ahead with informing OFT and TS?

[steven4064]

Yes, but wait until you get a reply to this letter. If they take longer than 14 days to reply then go ahead anyway.

[tierisch]

Hi

 

Link have finally sent me some documents but way over the 12 day/month limit. The photocopy is of a card application form.

 

I did send the letter suggested below but any advice of next step re link?

 

Must admit i havent sent letters to OFT and TS but will do this week!

 

Cheers

Tierisch

[steven4064]

Tierisch

 

Obviously a photocopy of an application form does not constitute a copy of an executed agreement. I have had a quick look through the thread and I am not sure exactly what you want out of all this. Can you tell us what you are hoping to achieve so we can best advise you.

[tierisch]

Hi Steven

 

Thanks - might sound a bit daft but not sure really. I was paying small amounts to MBNA (after help from CAB) regarding the debt i had with them. Its just what the situation is with link now...presumably they can pursue the (presumed) debt as they havent furnished a CA nor answered within the statuatory limits. Is it therefore sensible to write to them stating they have not furnished a CA etc etc?

[steven4064]

The problem is that, as you have been paying small amounts, you have effectively agreed that you have the debt (you have acknowledged the debt). If Link were haselling you, this would be a good lever to get them to stop. Otherwise, I am not sure what else you could gain. Are there penalty charges (late payment charges, in particular)? If, so you could recalim them.

[Goldlady]

Hi, can you post up a copy of the alleged agreement with your personal details erased? If it is unenforceable you can refuse to pay them any more money - it doesn't matter that you have paid them up till now as you were not aware that they did not have the right to collect the money from you.

[steven4064]

Obviously, we cannot condone the avoidance of a genuine debt. On the other hand we can clobber MBNA as hard as you like for any of their debt collaction practices that do not comply with the OFT guidelines or with the law.

[tierisch]

Been doing the rounds with Link over the last six months and eventually reported them to Walsall TS and the OFT. Couple of queries if anyone can help:

1. Which part of the CCA (or otherwise) refers to the 12 day deadline for a response

2. Has anyone else reported link to their TS as Lambeth evidently have not had any complaints about the company

 

Thanks

 

Tierisch

[tierisch]

Would welcome some advice: 

Took out Alliance & Leicester/MBNA credit card 2005

Defaulted 2008 and sold to Link

CCAd them in 2009 (file attached)

Paid A&L for a number of years but for a few have been paying £1 each month -  yep i know!

Nothing on credit files

 

Is the agreement enforcable/unenforceable and advice on next steps - i also have to notify them of different address

 

Thanks

 

Tierisch

 

Scan2.pdf

[dx100uk]

old and new threads merged

 

is that from 2009 CCA return?
 

[tierisch]

Thanks...didn't remember posting all the earlier stuff. Yes CCA is from 2009.

[dx100uk]

send plink a new CCA request

 

dx

 

[tierisch]

Request sent in August, no response, token payment stopped and they have my current address. 

[dx100uk]

brill

ball not in your court now

 

dx

 

[tierisch]

Hello....Link sent documents pdf of which is attached. There is someone else's name in the middle of the one page - no idea who that is. Be grateful of your thoughts on the document. 

 

In addition Link have written that i am overdue a token payment (which i stopped a couple of months ag) and want me to pay it or the balance.

 

Be grateful for any advice and thanks

 

Tierisch

 

CCA Oct 19.pdf

[dx100uk]

wasn't enforceable in 2009 not now either.

you should have stopped in 2009 would have been statute barred by now.

 

dx

[tierisch]

Thanks dx much appreciated. Will file their requests. At least they have an up-to-date address.

Tierisch