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A+L Card Debt sold to LINK


The Phantom
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Reply received from the OFT today

They would like me to send them all relating documents regarding MBNA's breaches and regarding sale of unenforceable debt including a full description of what has happened

They also sent me a few forms to fill out and return to them and gave me a file or case number

They also said although they normally do not act on individual's complaints as such , sometimes depending on the severity of breaches or offences they may contact the lender or company on individual's cases

So they have asked me to fill out a consent form that they can investigate and make enquiries on my behalf into my account (TS wanted me to fill out something similar at the time)

 

So I will prepare the documents and send them of to the lady at OFT

You never know , what do they say at Tesco's "every little helps"

So here we go

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Cashin

Regarding RMA(DCA) I am involved with them concerning AM/Exp C/C account.

To date they have not been a problem as I'am on a DMP through the CCCA. However, just received a request from them quote 'I am pleased to inform you that based on your good payment conduct; you have been selected for a settlement offer on your current outstanding balance.

I wish?

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Cashin

Regarding RMA(DCA) I am involved with them concerning AM/Exp C/C account.

To date they have not been a problem as I'am on a DMP through the CCCA. However, just received a request from them quote 'I am pleased to inform you that based on your good payment conduct; you have been selected for a settlement offer on your current outstanding balance.

I wish?

Icepop,

 

Many thanks, no responce so far from them regarding CCA. 16 days now elapsed.

 

Do I write and tell them the account is now in dispute or wait untill 30+ days are up??

 

Cashin:confused:

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The account should have gone "into dispute" when you sent CCA.

Check your time-scales - 12 working days (+2 for posting) + one further calendar month.

Sweat out the rest of the time if you can - why alert them? - let them hang themselves

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Hi cashin, I had an issue about eighteen months ago with Barclays Bank and RMA contacted me chasing the debt. Once it was discharged and satisfied, it took them an age to update my file and remove the negatives from it. Cheers ROS

RiPoFfStOpPeR

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Received a letter from LINK today (no agreement) (today is the deadline for the first 12 working days after CCA request) so from today they have another 30 days

They say they have requested a copy of my agreement from MBNA and a copy of the MOST RECENT terms and conditions the account was operated under (I thought the terms & conditions are part of the original agreement and must therefore be of the time the agreement was made ?)

If MBNA charges them for this agreement they will pass this cost on to me

(I paid my pound, do I have to pay more than that ?)

And they have put my account on hold for 2 weeks for me to contact the office to provide further details. (??)

I hate to tell them, but this is on hold until they provide the agreement with all the prescribed terms on it, I also hate to tell them MBNA has already defaulted on my CCA request earlier this year, selling them an unenforceable debt and may not be able to dig out a proper agreement for them

I am in two minds whether to send them a reply or not

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Hello, just been reading your thread with interest - MBNA sold my account to Link (after I had reached a payment agreement with them), Link were awful to deal with. I CCA's both MBNA and Link, the 12+2 came and went, and am quietly waiting for the 30 days to come and go.....here's hoping! I haven't received a single letter/phone call from Link since I CCA'd them and sent a telephone harrassment letter. I hope they're not giving you too much hassle!

 

All the best with your MBNA struggle

:-)

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Many thanks - reading between the lines of their letter, they are fully aware of their legal obligations. Their letter arrived dead on the 12th working day after they received my first request. In there they state it can take up to 30 days to provide me with the information.

The only incorrect thing is that they believe they can charge me more than £1.- and that they can put the account on hold for only 2 weeks if they haven't got an agreement and that the agreement can be sent with new terms and conditions, when it should be the original ones.

Anyway, as MBNA could not (or didn't) provide the agreement and sold the debt instead illegally I have some hope that LINK will not be able to come up with anything either.

The problem is I am soooo tempted to write them a letter and show them the proverbial finger, but I am still restraining myself

:D

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  • 3 weeks later...

Nope - silence.

Criminal default (12 + 30) on 23.06. (as that is a Saturday I think they have until the following Monday 25.06)

I have written them to advise them I will not accept any more than £1.- for the provision of the document as is set out in the relevant law and that I will not enter into any further communication with them until they have fully complied with their legal obligations.

They have not replied, never had a phone call and nothing else really.

Days are just ticking down

As the debt was not with MBNA originally but with A&L and the card is quite old (mid 1990s) I somewhat think the original agreement is no longer, but we will have to wait and see....:)

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As the debt was not with MBNA originally but with A&L and the card is quite old (mid 1990s) I somewhat think the original agreement is no longer
Mine was also an A&L card from 93.

They tried to fob me off with some current terms and conditions and I'm getting loads of calls from GVA. I've since written back with the harrassment letter to both MBNA and GVA. I've complained to OFT, TS and FO so just waiting to hear back from them.

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Mine was also an A&L card from 93.

They tried to fob me off with some current terms and conditions

 

The new CCA amendments are not applying retrospectively, only to agreements taken out after April this year, so they probably hope some people will fall for it if they waffle on about it

I wonder how long it will take until these debt collecting agencies click on to the fact that MBNA is selling unenforceable debts left right and center....:D

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And as far as I know the terms and conditions they supply must be the ones that were valid when the agreement was taken out initially

 

 

Correct :)

Barclays :- Settled March 07:o

 

RBS:- Acct Discharged May 07 :o (chase for more and CRA deletion???):confused:

Barclaycard: - CCA recieved 24/1/07. WOW! :o (GITS!!!) :-|

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Phantom - did you ever receive any of the waffle from MBNA

 

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round.html#post920393

 

Received this letter this morning and just wondered if anyone would like to comment - I think they are talking rubbish and don't have the actually orginal agreement

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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No, they never replied to me at all regarding my CCA request or s85 default

notice. (I know they received the CCA request as they cashed the £1.- cheque)

They defaulted and then simply sold the debt to LINK who is now also 1 week away from criminal default (12 & 30)

I am pretty sure they do not have the original agreement anymore and in your case probably the same.

In your case they try to blabber themselves out of it, hoping you will buy something of it, in my case they are just doing nothing

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hi phantom

well, well, MBNA have thrown up an application form from 1993 - take a look - its missing loads of stuff though just writing my letter now

http://www.consumeractiongroup.co.uk/forum/mbna/81907-mbna-ding-ding-round-2.html#post930517

PLEASE sign this petition to reduce amount of time CRAs hold your data

http://petitions.number10.gov.uk/CreditRA

 

I HATE MBNA :evil::-x:mad::-x

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Have had a look at your thread - it appears they did a bulk mailing of old agreements (applications) recently. I have still not received anything from LINK. I suppose MBNA would have to send it to Link first ?

If they posted it to Link it would probably take a few days longer to reach me

I will let you know if Link manages to get it to me before Monday, they have a few more days before going into criminal default:shock:

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.................................

Edited by Josie8

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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Ha, you could very well be right there. In my case they simply sold the debt and made it someone else's problem (i.e. Link's) and now LINK has defaulted as well

This is what may be happening in your case as well at some point, that they will sell your accounts off and you suddenly hear from Debt Collecting Agencies, but you simply send them the same CCA request and point out you do not acknowledge any debt to them and then sit back and wait

I also believe MBNA has got a huge problem because what they kept in their files and archives as agreements are only the initial pre-contractual application forms and more and more people are switching on to this

Even if they send us something chances are high it will be an unenforceable document, but of course this is not our problem

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Hi Phantom. Have a similar problem with MBNA selling the debt to Link while account was in dispute. Going to CCA Link now and see what they come up with! Keep up the good fight! ;)

:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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