Dca/creditor Issue-mbna

[tamadus]

ok without knowing the full story here I have to make a few assumptions.

 

From what is posted it looks like MBNA sold an account to link financial which in itself is probably incorrect. From my experience they sold it to a company called Asset Link, which then passed it onto Link Financial for collection. This mob are very much like Cabot, so immediately we have one financial controller passing data to another WITHOUT your explicit or implied consent.

 

It's not unusual for a CCP to refund a claim back to the account, which can be a good thing as it does reduce the outstanding debt. Is the cheque correct figures wise? and have they complied with all of your claim? ie removed any default if it was on the claim form.

 

I used to advocate returning any partial payment cheques but now I simply hold onto them and write an acknowledgement but tell them the claim isnt satisfied.

 

I would also demand that if they do credit any of the claim back to the account that it MUST be made in the form of a payment and that non payment flags are reset.

 

To be honest I don't think a court would support you if full payment has been made, even if part of it has been used to settle the account.

 

If time permits I'd slip a sec 78 request under their door

 

hope this helps

[tamadus]

I agree with Zubo, dont rush to get a judgement as they will then wake up and get it stayed. wait for the SAR and CCA requests to come back so you have ALL the information. then we can advise you a lot better.

 

Your welcome to PM me anytime.

[tamadus]

Nick

 

Good. I can see you have done quite a lot already.

I'm about to die - downing beechams - going to bed with man-flu, but PM me AND Tam. Tam is a gent and my mentor.

The main message you have took on board is to get a solid case together and sounds like you are close...

 

Z

 

awww thanks Zubo

 

Now get to bed and keep that flu to yourself :o

[tamadus]

hmmm this is always a tricky question to answer.

 

Personally I would write to them accepting the part payment and reminding them that this does not satisfy all the conditions of your claim.

 

You could also try giving them a phone call which I did and I found it helped matters move along to the point they called me twice while I was in Hungary last year to make last minute negotiations for settlement.

 

Not sure which of their advocate team is handling your claim though. Mine was done by none other than Gareth Tunnicliffe and I found him very helpful, although others have not had the same response.

[tamadus]

Sounds like they have settled in full to me Nick, Hope you still have that cheque for the balance

 

I'd now get a copy of my credit file to make sure they have cleane dit up fully and once your happy that the claim is fully settled notify the court.

 

No reason to continue the action unless there is some part of the claim that has not been satisfied.

 

Great result

[tamadus]

hi tamadus,

what do you think we should do as regards the cheque, hold onto it until until all aspects are finalised or cash it asap?

id like to thank rhia, zubo and tamadus for all you help during this. your all stars and we are very greatful. doantion to this brilliant site to follow as soon as we can (provided the answer above is yes, we can cash it now, if not it might be a tad later, lol)

cheers for everything,

nick

 

I think I already answered this in my post above and in PM.

 

I agree with Rhea, today write to the CRA'S and include £2.00 for a copy of the report they hold on you to make sure the defaults have been removed from all of them.

 

Also write to MBNA telling them you will accept the cheque as part settlement and will contact the court when the remaining items on the claim have been checked. You should get the copies of the CRA report back within a week and if the default has been removed I would cancel the claim.