Link and 2 MBNA cards - CCA response

[cleanbill]

Hi

 

Back in February 2018 I sent Link Financial a CCA Section 78 request relating to 2 MBNA credit cards.

 

I had , stupidly, been paying off the debt on these cards on a monthly basis, but stopped the payments once Link failed to respond to the request in the required timeframe.

 

Last week, they sent me through the agreements I had electronically signed with MBNA when the credit cards were originally taken out. 

 

A couple of things that struck me as odd on this: first, the letters from MBNA to Link are dated March 2018, so only 1 month after I sent the request to Link. 

 

Secondly, why would Link wait for 17 months to send this through to me?

 

They are now requesting I contact them to set up a monthly payment again. 

 

Any advice appreciated here

- do I have anything to go back on, or

do I need to contact them to set up the payment? 

 

My credit file is getting much better, so don't want to do anything that will adversely affect it again.

 

Thanks for any advice here.

[AndyOrch]

Scan redact and upload what they have sent you .

 

Andy

[cleanbill]

CCA returns

 

 

 

 

CCA Return.pdf

[AndyOrch]

Are you currently making payments to Plink ? If not when was your last payment to MBNA ?

 

Andy

[cleanbill]

Not making any payments currently - stopped paying Link in March 2018.

 

The last payment I made directly to MBNA would have been in 2012.

[AndyOrch]

And started paying the debt collector when ?

[cleanbill]

That would have been 2012 as well, I set up a direct debit with them.

[AndyOrch]

No 6 year gap then unfortunately.......

 

Early on line applications using the tick box verification where also backed up with a hard copy sent to you for signature to return.You will note that near the acceptance box they refer to cancellation rights which would be sent separately....this is normally sent with the hard copy.

 

So there must be a further copy with your actual hand written signed agreement.I would hazard a guess that the above is in fact a reconstituted version of the agreement with the tick boxes added to further its authenticity.

 

You could write further and request a copy of the cancellation rights and also a copy of the IP verification and time of signature. Section 7 of the Electronic Communications Act 2000 recognises the validity of such an electronic signature by providing that an electronic signature is admissible as evidence of authenticity.

 

However for an agreement of this date 2007........

 

Published: 06/03/2014

 

Consumers who apply for credit on-line will be able to electronically complete the credit agreement over the internet from 31st December 2004, the UK's Consumer Minister Gerry Sutcliffe announced yesterday.10 Dec 2004 .At the moment, while consumers can apply for credit on-line, the contract is not complete until the consumer has signed a paper copy of the agreement.

 

[cleanbill]

Thanks Andyorch - very much appreciated.

 

So if I respond with the following - that should suffice?  

 

Having reviewed the documents provided I note they only appear to have the ‘ticked box’ acceptance, as applies to an online application.   At the time these accounts were taken out with MBNA, the contract would not have been considered legally complete until I had signed and returned a paper copy of the agreement.

 

In accordance with the Section 77/78 request, please can you provide me with the copies of the agreement which have my full signature.

[AndyOrch]

2 hours ago, cleanbill said:

Thanks Andyorch - very much appreciated.

 

So if I respond with the following - that should suffice?  

 

Having reviewed the documents provided I note they only appear to have the ‘ticked box’ acceptance, as applies to an online application.   At the time this account was allegedly taken out with MBNA, the contract would not have been considered legally executed until I had signed and returned a paper copy of the agreement. 

 

In accordance with the Section 77/78 request, please can you provide me with the copies of the agreement which have my full signature complete with proof of authenticated and verified with timestamp and IP Address pursuant to  Electronic Communications Act 2000 and notice of cancellation rights pursuant  to the Distance Selling Regulations.

 

 

Few amendments.

[dx100uk]

is it wise to tip link off?

 

wait for them to/if issue a letter of claim?

 

it cant comeback on your file, other than a CCJ, as MBNA would have defaulted these years ago.

[AndyOrch]

Cant remember the last time I saw a Link Claim DX......time to test this Debt Collector and see if they can respond. 

[cleanbill]

Hi - I have received a response from Link - see attached.

 

What do you think?

Response 1.pdf Response 2.pdf

[AndyOrch]

Dates would be helpful....are they the same letter or seperate ?

[cleanbill]

Sorry for redacting too much.  The letters are dated 26 September, and arrived together (same envelope).

 

The received date referenced on their letter is 19 September.

 

Does that give you what you need?

[cleanbill]

Hi - just wondered if any advice here?  Or have they got me, and I just need to pay?

[cleanbill]

@dx100uk and @Andyorch  is there a minimum time I have in which to respond to these letters?  I've not currently sent anything back to Link.

 

Any help appreciated.

 

[dx100uk]

no there is not

let it run as per andyorchs last comments 

[cleanbill]

8 minutes ago, dx100uk said:

no there is not

let it run as per andyorchs last comments 

Thanks - will do.  

[cleanbill]

@Andyorch still not had anything from link.

 

Just wondering - should I be submitting a complaint to the Financial Ombudsman Service about link chasing me for this debt without providing me with the information requested?

 

 

[dx100uk]

no

they are quite entitled to ask for payment

you are equally quite entitled to tell them to do one.

but that invites pointless letter tennis.

 

dx

 

[cleanbill]

Thanks @dx100uk

 

I'll sit tight then