A+L Card Debt sold to LINK

[Cornucopia]

As they are not actually threatening any court action at this time , only indicating they may sell the debt, I may wait until I hear from the purchaser and CCA them as the debt collecting agencies are usually more aggressive in their approach.

It may be a nice ace up the sleeve for that time (well at least until 2008 when the CCA changes in favour of the creditor, but I may still hold on a short while with the CCA and just wait for the DCA to contact me)

May only pursue the S.A.R - (Subject Access Request) for the time being

 

Hi Nicole,

 

Could you expand on the bit above that says the CCA changes in favour of the creditor in 2008? I haven't come across that before and it may need to be shouted out a bit?! Thanks!

[Cornucopia]

Hi

 

decided to start a fresh thread as I am now at the beginning of a nice battle with MBNA (well A&L CC which are now MBNA)

Have had a A&L Credit Card for many, many years , the balance on this one shot through the roof due to some serious financial problems my husband had. He made in desperation a balance transfer from one of his credit cards to mine and has since declared himself bankrupt. Now I am the proud owner of part of his debts. There are about 6 K on this card, and many many charges regarding over the limit fees and late payment fees ( On my net part time income of £500.- with two children I was unable to meet their required monthly payments of over £300.-)

I have tried to communicate with MBNA in writing, but they do not tend to reply to what you have written but send pre-printed , unrelated nastygrams by the lorry load.

I have made a S.A.R which they totally ignored (no reply ever received. Deadline of 40 days expired in mid February, 7 day LBA sent afterwards but again no reply. Information Commissioner has had a complaint and has written to me to say they will include me in their mass complaint against MBNA at the end of February....) Nothing else so far on this

 

I have sent them a s85 default notice for good measure a while ago, again with no reply and also a CCA asking to see the original agreement. (Template letter and fee sent) The first 12 day deadline has come and gone with no reaction from them.

Have received instead a letter from them today stating that they will sell the debt by the end of the month unless I pay them £XXXX immediately

 

So where do I go from here, they do not react to any communication (all my letters were sent recorded and have been received) but just fire out their little nastygrams. Can they legally sell the debt despite being in breach of the SAR and in default regarding the CCA s 77/78 (and potentially s85) ?

 

If I do not hear from them but from a debt collection agency next, what should I do ?

 

I know there are some dedicated MBNA enemies here, so any ideas from the CAG MBNA forum think tank would be most welcome

 

Hi Nicole,

 

What a terrible time you've had! Welcome to the MBNA Haters Club!! You will be very happy here!!

 

Right, on with business, I am 100% sure that they are not allowed to sell the debt or issue a default whilst it is in dispute and judging by the number of boulders you have put in their path, I think we can be certain that the debt is most definitely in dispute.

 

How do you feel about ringing them? Given that the situation is fairly urgent, I would call them and remind them they have ignored all your correspondence and you are therefore filing an N1 at the County Court for non-compliance of your SAR, your CCA and Sect 85. Remind them in the strongest terms that the debt is in dispute and they cannot sell under those circumstances. If you don't want to do this, I would write immediately stating this fact. Send it Special Delivery (I know this is more expensive but will guarantee next day and will hopefully call a halt to any underhand proceedings). Give them 7 or 14 days to comply, whatever you feel comfortable with. I am sure this will elicit a reaction.

 

I hope this helps and good luck, we will all support you:)

[Cornucopia]

Hi Nicole, it sounds to me like MBNA have passed you back to A&L because they can't provide your agreement. I agree with your sentiments about leaving a paper trail entirely, but my thoughts were more along the lines of preventing them from selling it and defaulting you.

 

I agree it is very odd that they would not try and negotiate but MBNA always like to play hardball.

 

I would send A&L a copy of your letter to MBNA, remind them the account is in dispute therefore they will be breaking the law if they try and sell it on. I think all you can do then is sit tight and see what happens. If it comes to Court, you have plenty available to you to prove that you made a massive effort to resolve this and they were obstructive.

 

A little tip, if you dial 141 before you dial a number, your phone number is automatically withheld, so they wouldn't be able to see it anyway. Obviously don't divulge your number to them, they will start a campaign of harassment as they have done to other claimants on this forum!

 

Keep us posted!

[Cornucopia]

Nicole, it appears to me that they have not complied with your SAR. Could you confirm exactly what they have provided you with? They think they are being clever at the moment by providing a few random statements and hoping nobody notices, but thanks to us beady eyed lot on here, we have seen straight through them!!! It means they can hide a lot of the charges.

 

Please do remind them that they have not complied with your CCA and it is ILLEGAL for them to sell the debt whilst they are in default under the CCA.

 

I am getting seriously fed up with them..............

[Cornucopia]

Hi Nicole, the fact is they probably can't provide your agreement, you might get an application form but we'll have to wait and see......

 

They have obviously not complied with your SAR, this is now par for the course and I recently advised another CAG'er not to accept what they were saying in thier statements and I was proved right, they had hidden a substantial amount of the charges. Deception too? Well done MBNA!!

 

You're on th right track, keep us posted with developments!

 

Regards,

 

Corn x:)

[Cornucopia]

Hi Nicole, sorry I didn't see your post earlier....

 

Right, they are doing this to everybody, this is normal MBNA delaying tactics. You have to have your full SAR so return it with payment, cross out the bit that says application form and instead write "copy of true executed agreeement". Stick to your timetable.

 

I think they are struggling to provide information. I have had to start legal proceedings to force them to cough up my SAR. Whether that gets me anywhere remains to be seen, but like you, all they have been able to give me so far is a terrible copy of the application form.

 

I suspect MBNA are regretting their terrible filing system........

[Cornucopia]

M, could you do me a favour and get onto our FSA Mass Complaint thread a little further down, contact Battleaxe who is currently compiling a complaint on behalf of all of us who have been treated with such contempt by MBNA.

 

Nicole, you too!! Thanks!!

[Cornucopia]

Brilliant, thanks M, sorry I didn't realise, I am obsessing with telling everybody about, have probably told Nicole too!!

 

I love my new name, Cornu, everybody calls me Corn, but that bloody Ladybird has taken to calling me Cornypoker. So am now calling her TurdyBirdy. I am 37 and a half, going on 5.

[Cornucopia]

Turdy, I answered this on my thread!!! You need to write to them and tell them that they cannot do any of the above as they are currently in default of the CCA and if they do you will sue the pants off them as it will be unlawful.

 

Love, Cornypoker

[Cornucopia]

LOL!!! It's TurdyBirdy, how does that not bear a resemblance!!!!

 

I doubt very much they will be able to come up with the agreement! Leave it if you want, I just thought you wanted to stop them in their tracks.

 

Oh and M, Cornucopia's literal Latin translation is "Horn of Plenty" but it also means abundance. I just like it cos it's a nice word! Am rather embarassed now, an abundant horn of plenty, well that says it all really!!! LOL!!!!!

[Cornucopia]

I could shorten it to Turd.

[Cornucopia]

I will join the mass complaint, it has to be in by 31.03 ? I must rush it then

Hi, Corn , no you didn't ask me before, so will check out the relevant thread and see what I need to do.

 

Hi Nicole, sorry for hijacking your thread this afternoon, the Turd is completely out of control!!

 

Right, you need to post your intention to complain and then PM Battleaxe who will provide you with her email address. She will need the complaint to comprise of :

 

Your name

Account number

E-mail address

 

A no more than A4 page detailing your complaint and any other information you wish to add.

 

31st is cut off.

 

All information is kept completely confidential so please don't worry about that!

 

[Cornucopia]

Hi Nicole, you do sound cross and have every right to be. My advice would have been to have contacted the TS in your area. We know that Chester TS are in regular contact with MBNA and I don't trust that association, frankly. I suggest you find somebody as high as you can and send a written report.

 

Don't assume that MBNA won't come up with something, they may well do, but all may be not as it seems. Please do post or PM me when/if you receive anything.

 

You have done the right thing in informing MBNA what you have done and your reasons why. Just leave it now, the ball is in their Court.

 

Keep up the good fight, you are doing fine!!

 

Regards,

 

Corn x:)

[Cornucopia]

Am pm'ing x

[Cornucopia]

Brilliant! Good news Nicole! Let me know if you need any help! :)x

[Cornucopia]

Fred, you need to ask them to provide you with a "true copy of the executed agreement", this letter is in the templates library, Letter N. They have 12 days to produce, after which they are in default. If they do not provide it after 30 days, they have committed an offence and it will be difficult for them to enforce the debt. It is important that you do not misconstrue an agreement for the application form that they will most likely send. It depends on the age of your debt.

 

I would not have a problem with going for charges, despite the arrangement you have, it will only reduce the debt which is good for you obviously! So my advice is to go for it. There are plenty on here who are on DMP's who have reclaimed charges so get going as and when you have the funds! Get your SAR out a.s.a.p. and don't forget contractual interest - it makes all the difference.

 

Have you started a thread? If not, do so, as we can all help with your specific case!

 

Hope this helps!

 

Regards,

 

Corn x:)

[Cornucopia]

Well done N, far better than my post!!! xxx:)

[Cornucopia]

Good morning everyone

Have just had my mail and a letter from LINK saying they are now the current OWNER of the outstanding debt as MBNA has assigned it to them and they require the full amount immediately and any payments has to be made to them (not to MBNA)

They are advising me to take legal advice on this matter and / o phone them on *********

I will send them the CCA letter stating I do not acknowledge any debt to them (which I don't as they bought an unenforceable debt anyway)

 

Hi Nicole, yes do that, it has shut my DCA up for a while. Any news from MBNA? Am very much looking forward to seeing what they come up with to support the application form.