MBNA - Link Financial

[Jeff2000]

Just had a letter today from Link Financial. This letter informs me they have bought a debt from MBNA. They want the full amount immediately. Obviously I will be sending a CCA request to Link. Has anyone else got more advice on how to deal with these characters?

 

Cheers Jeff2000

[sharmal]

I am in the process of dealing with them at the moment. i sent a CCA request which they signed for on the 1 Dec. Not heard anything back, have now SAR'd GE Money, so will be waiting same as you. They will keep phoning and threatening you. They went from wanting the whole amount in 7 days down £200 and then £35 a month, which I will not be paying becasue they have not answered my CCA request.

 

I know GE Money leied charges on my account so will be going for those as well.

[Jeff2000]

Hi all,

Sent CCA request yesterday. So lets see what emerges next! I'll keep updating when I have more news.

 

TTFN Jeff2000.

[Jeff2000]

Hello Everyone,

 

I have now received a reply to my CCA request. This is what they had to say about S 77 & 78 of CCA 1974:

 

"These sections do not apply to your account. This is because S77 & 78 only apply to "matters arising during the currency of ...agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current"".

 

They then go on to say that I can obtain a copy of data they hold about me for a fee of £5. Then they go on to say that a copy of my agreement may be available from the original lender. They are prepared to obtain a copy but will again cost a fee of £5.

 

Has anybody else had a reply similar to this?

 

Anybodies thoughts would be most welcome. What should my next move be?

 

Obviously I am now going to sit back and wait until they have defaulted before doing anything else!

 

Cheers, Jeff.

[Rhia]

Complete and utter rubbish. They will huff and puff about this but they are obliged to supply you with the information under the Consumer Credit Act to include the defaul letter, copy of the deed of assignment (and they will probably only sned you a letter as the actual deed will show how little the Debt Collecting Agency bought the debt for); a full, clear legible copy of the original agreement which must be properly executed with both your signature and countersigned by MBNA and full statements of accounts and the only fee they can charge for this is £1.

They should also have notified you under the Data Protection Act that they had taken over this debt and should have asked for your signed agreement to process your personal data.

It is true the CCA doesn't say they have to supply a copy of the agreement but as it's in dispute they do. Also make sure it is the actual agreement and not a copy of the original application form. Look at a very long thread in the General section about companies who can't produce the original consumer credit agreement for more on this.

But as far as these clowns are concerned go back to them and tell them they have to supply this info for £1 within 12 days plus a further 30 days for a criminal default or it's a complaint with the OFT.

[Jeff2000]

Hello Rhia,

 

Many thanks for your quick reply. Now then, when I did my SAR with MBNA they sent what appeared at first to be 3 different agreements. Upon closer inspection these are in fact 3 application forms, although the words "Credit card agreement regulated by the consumer credit act 1974" are on the top of the forms. However also with the computer print outs that came with all my SAR info were some notes relating to these applications. The info clearly states that each of these particular applications were in fact declined! So even if they tried to claim that they are "agreements", none of them actually refer to the alleged debt. Therefore I am thinking that if MBNA could not provide the true agreement, then it is mosy unlikely that Link Financial would be able too!

 

What do you think?

 

PS. I will be contacting Link to remind them of their obligations, but me thinks they are actually well aware of what is required from them. Therefore I think I will wait until the 12 days + 1 month before contacting them again.

 

If they can't/won't provide it within the alloted timescales, then it's just too bad isn't it!

[Rhia]

You are correct. If MBNA don't have the original agreement then you are quite correct in that the DCA won't. I would double check with MBNA. You've already paid your fee just write back and ask for the credit card agreement. It's too long to go into here but there has been a lot of debate about the application form being produced as a sort of hybrid agreement. The thread I referred you to earlier also has a copy of a letter from Ian McCartney MP who has taken this up with the DTi and it seems the final say is that an application form is not a full agreement. They seem to dress them up witha few terms and conditions and add the words credit agreement but it is still only an application form.

I am in the same boat as you with this so keep in tocuh as interested to know what happens next.

[djweeble]

Yet another member having problems with Leech (not a mistake).

 

The letter they sent you back is bull, and they know it.

 

Stick to your guns, but be VERY careful. Leech will act extremely fast, and they will apply to Lambeth CC within the next few weeks for a judgement against you.

 

The first thing you MUST do is get the case transfered to your local court, do not even begin to dream that you are confident enough to fight it at Lambeth, they will not listen to you due to their cosy arrangement with Leech, and you WILL lose the case. Use any method you can to get the action moved away from Lambeth CC, or you'll regret it.

 

The other thing I will warn you is that Leech are very keen on getting Charging Orders, and they WILL railroad these through Lambeth as quickly as they can if you don't get the case moved.

 

You MUST act fast, and you MUST get any action moved from Lambeth CC

[Jeff2000]

Hi dj,

 

Thanks for your reply. Of course, should they bring a case against me I will be getting it transfered to my local court. I am also aware of their attempts to gain charging orders, but there are a few ways to challenge these.

 

Surely though, there are laws to adhere to! A judge must follow the law, where it is clear, and cannot award a case based on his or her opinion. If this was happening at a particular court or courts but not elsewhere it would surely stick out like a sore thumb!

 

This would mean that companies like Link etc could send out letters to just about anyone and claim that they owed a certain debt, and gain a judgement without supporting evidence! Now that cannot be right.

 

I am sure the Lord Chancellor would be very interested indeed!

 

Any more thoughts anyone?

 

Thanks for now, Jeff.

[trumpetmaest]

Hi Jeff,

 

They bought my debt from GE Money even though I am on a DMP with CCCS.

 

I was paying GE £19.05 per month.

They took me to court and got a judgement for £20.00 per month.

I set up standing order and paid.

Then they applied for charging order.

Got it transferred to my local court... and won!! case thrown out.

 

They are now sending me letters demanding further interest.

These guys are **** (IMHO)

[Guest The Terminator]

You shouldn't be paying interest look below CCA(1974)

 

93 Interest not to be increased on default

The debtor under a regulated consumer credit agreement shall not be obliged to pay interest on sums which, in breach of the agreement, are unpaid by him at a rate—

(a) where the total charge for credit includes an item in respect of interest, exceeding the rate of that interest, or

(b) in any other case, exceeding what would be the rate of the total charge for credit if any items included in the total charge for credit by virtue of section 20(2) were disregarded.

[IIIUMINATI]

when you say thrown out cancelled nothing to pay

how can they demand further interest if that is the case ?

[IIIUMINATI]

same letter

just put it with the rest

[Jeff2000]

Hello Terminator,

 

Does this mean that you should not be paying any interest at all?

 

Or does it mean that the interest can not be increased beyond a rate that you were originally paying?

 

Cheers, Jeff.

[REDDRAGON]

Also have a problem with Link financial as they like to call themselves.They have requested a charging order on my property to my local court (Cardiff) for the end of Feb. Spoke to land registry office today stating that I am going to object to this on the grounds that the debt owed almost 40% is late payment charges and fees!!!. Sent SAR and CCA yesterday hoping that this will also give me some respite re charging order as I intend to contest debt. Anybody had any dealings with these people trying to find out what to expect.

[Jeff2000]

Hello all,

 

Just got another letter of Link today. They are basically claiming that as I've not contacted them regarding repayment of this alleged debt, I am deliberately avoiding to pay. Also still going on about adding interest, charges and court costs etc and esculating the recovery process if I don't contact them on the accompanying phone number.

 

They also claim that they have had an agent do some research to confirm that I still live at my given address.

 

I think they should of read my CCA request, which they have responded to, and clearly states that I do not acknowledge the debt, and there in the top right hand corner as clear as day is "my name and address!"

 

Maybe I should of mentioned to them that I would be communicating with them in writing only!

 

What do ya think my next move should be? Respond to this or wait until they default on the CCA request?

 

Any help or comments would be appreciated.

 

Cheers again, Jeff.

[Jeff2000]

Hello,

 

Trumpetmaest, I've PM'd you in case you have not yet noticed.

 

Cheers, Jeff.

[Jeff2000]

Hello all,

 

Just been wondering. How come Link are getting judgements and charging orders against people, if they cannot produce the original agreements and paperwork etc?

 

Is it because most of these cases are not being defended?

 

Any ideas?

 

 

Many thanks, Jeff.

[Jeff2000]

Hi again,

 

 

I haven't had any mail of this lot since 1st Feb!

 

Is this normal for them?

 

Things seem to have gone awfully quiet!

 

 

Jeff.

[FANTASY CHARGES]

BUMP !!!!

 

the secret is to get the magic words in the title so people see it (and refer to it ) - i think there are 56,000 threads on this site

[Jeff2000]

BUMP !!!!

 

the secret is to get the magic words in the title so people see it (and refer to it ) - i think there are 56,000 threads on this site

 

Hi FANTASY CHARGES,

 

I think the best thing would be to start a new thread in relation to the 3 alleged copies of agreements. I will be able to post scanned copies of these "agreements" and post copies of other docs that refer to them. That's if my new scanner arrives this week!

 

People can then post comments on these "agreements" as a separate issue.

 

 

Cheers, Jeff.

[Jeff2000]

Hello all,

 

 

I have recently received another letter from Link. Once again they are telling me that they have verified that I am living at my address. My address, of course is on letters that I have sent to them.

 

They are making me aware that they are considering taking legal action to recover the alleged debt.

 

Oh, they have defaulted and committed an offence on my CCA request!

 

I am thinking of replying to their letter.

 

Any thoughts?

 

 

Jeff.

[rosierose]

I sent a letter to our friends at Link under similar circumstances (denying responsibility for sending agreement etc) in Dec 06 and reported them to TS.

 

It may be that Link know that the agreement they have isn't worth the paper it was printed on. If it is anything like the doc I was sent it will be an ironclad guarentee against any enforcement action they might care to try.

 

Have you told TS and the OFT of their failings yet? The OFT are taking quite an interest in them these days, so a bit more grist to the mill wouldn't hurt. Please PM me for details.

[Jeff2000]

I sent a letter to our friends at Link under similar circumstances (denying responsibility for sending agreement etc) in Dec 06 and reported them to TS.

 

It may be that Link know that the agreement they have isn't worth the paper it was printed on. If it is anything like the doc I was sent it will be an ironclad guarentee against any enforcement action they might care to try.

 

Have you told TS and the OFT of their failings yet? The OFT are taking quite an interest in them these days, so a bit more grist to the mill wouldn't hurt. Please PM me for details.

 

 

Hello rosierose,

 

 

Thanks for your response.

I don't think MBNA have an agreement that specifically refers to this alleged debt. They included 3 copies of "application forms" when I sent a SAR. I will start a seperate thread when I get a chance to scan those items.

 

I have today sent an e-mail to Consumer Direct & my local TS!

 

I will PM you asap!

 

 

Cheers, Jeff.

[zetecisback]

I have had delaings with Link Financial who took over my MBNA account, they have phoned me on several occasions asking for money I cannot afford, I have offered £1 per month until I find a job and can start paying a higher amount however they declined this amount and told me they would see me in court, which is fine with me.

 

However they have spoken to my Mum and called her by her first name, they knew also that I have a sister and called her by her first name too. I found this very scary does anybody know how and why they have obtained this information and where from?

 

I asked them where they got the information from and the said "I dont know what your talking about, we dont hold that information"