Reply from Link RE CCA Request

[Tristesse]

Had a reply to a CCA request I sent 30 days ago to Link Financial who bought a debt i owed MBNA.

 

In the letter they say they acknowledge receipt of my s77/78 request for various documents which they are looking into and requesting information from the original creditor (MBNA). This may take upto 30 days but they would like me to write or call them with what statements i require etc. I haven't asked for statements I CCA'd them.

 

They go on to say that they have not charged for this service but have applied the £1 to my account (i clearly told them not to do this as I do not acknowledge any debt to them.)

 

They say that they will get hold of the information and may charge me administration costs.

 

The letter ends by saying they have placed the account on hold for 40 days.

 

Any thoughts on where to go from here. They have already defaulted on the CCA as the letter shows as being delivered 30 days ago on Royal Mail website.

 

I'm guessing they are clucthing at straws here and just want me to call so they can give me some crap down the phone.

 

Cheers

Tristesse

[zander]

Just a few more days before they commit an offence. Do nothing and let the clock tick down.

[rory32]

I would write to them informing them that you made clear that the £1 was for the cost of supplying the CCA. As YOU DO NOT ACKNOWLEDGE ANY DEBT TO THEIR COMPANY they should not have applied the £1 to this account. If they are not charging you for the CCA request then please refund the £1 fee.

 

There are two reasons for doing this

(1) payment of a debt is considered an acknowledgement of a debt.

(2) if you have not paid them for a while then this starts the ball rolling again (remember debts are statute barred 6 years from your last acknowledgement of the debt).

[Tristesse]

Unfortunately this debt is nowhere near being barred yet (probably 18 months old).

It was sold to link 2 months ago after MBNA refused to an agreement and constantly phoned me demanding full payment. The buggers even told me I should sell some clothes as I was also trying to come to an arrangement for my credit card with them and the bloke 'Mr Jones' started looking at the statement saying you bought £100 of clothes 4 months ago sell them.

 

Nowadays they don't have my number and have sold to Link.

[rosierose]

Hello Tristesse

 

Link are a quite an outfit, aren't they? I'm glad they are finally begining to acknowledge that they have duties under the CCA. I eventually got an agreement after months that was, legally speaking, a joke. And haven't heard a word since.

 

I'm not sure whether the agreement they will come up with will actually be kosher. Many aren't. Have a look in the MBNA forum to see if others of the same age have been (if you haven't already).

 

Kind Regards

 

Rosie

[redsue]

you may also find this thread helpful too - they are just clutching at straws - MBNA have a habit of selling on unenforceable debts.

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html#post698228

[The Phantom]

They do indeed have a habit of doing this

Count me in, too

Had virtually the same letter from them (LINK) yesterday

In my case they said they didn't credit the £1.- to the account, but if MBNA charges them for providing the info they will pass this on to me. (Have I got bad news for them !)

and that they put my acount on hold for 2 weeks in the meantime

(If they don't come up with the goods it will be on hold for much longer I guess , they are past the first 12 working days already, clock ticking)

[Tristesse]

Yeah they also said to me they would forward any costs incurred aquiring it to the original creditor.

 

I like the bit about phoning them to discuss which statements I require. I didn't SAR them and made it quite clear what i wanted. Phone and they will attempt to get me to acknowledge a debt i guess and that isn't happening.

 

They'll be receiving my letter shortly spelling out their default and demanding removal of credit references etc.

[Jeff2000]

Hi all,

 

 

Yes, I got virtually the same letter just the other day. This was after they had already defaulted, and I reported them to Trading Standards!

 

Let's see what, if anything, they eventually find!

 

 

Regards, Jeff.