Issue proceeding against Link Financial (MBNA)

[jononi-exchange]

Many years ago I had a credit card with MBNA, I got into financial difficulities and my account went into arrears. MBNA registered a default against my name although I can't recall receiving any "Default Notice", subsequently, the debt was sold to Link Financial a nasty DCA based in 87 -90 Camelford House, Albert Embankment, London SE1 7TP. Link Financial registered a "default" against my name at my previous address. My question is can Link Finacial legally register a Default against my name when I have nothing to do with Link Financial? Now I am considering to issue proceeding against Link Financial for inaccurate information and distress and damages caused to me and my family. For example, I have 2 mortgages one 5.94% & 5.87%. If these defaults was not registered I could have obtain mortages at a lower rate i.e. 3.95%.

 

Can someone please advise me the course of action or steps I should take to claim damages and compensation for distress from Link Financial.

 

Thank you in advanced for your help.

[lookinforinfo]

Are you sure that it wasn't MBNA that issued the default? As Link subsequently bought the debt, they would then have to alter the default from MBNAs name to their own, though not changing the date of the default.

 

As you admit that you did default on your credit card, in what way do you think you have a claim against Link since they now own the debt?

[jononi-exchange]

Are you sure that it wasn't MBNA that issued the default? As Link subsequently bought the debt, they would then have to alter the default from MBNAs name to their own, though not changing the date of the default.

 

As you admit that you did default on your credit card, in what way do you think you have a claim against Link since they now own the debt?

 

Thank you for your comments;

 

The reasons why I believe I have a case against Link is that they brought the debt without my consent or knowledge, I never received any Default Notice. As MBNA closed my account (I do no have an current account with MBNA) MBNA & LINK are illegally continue to process my data under the CCA.

 

Please advice

[jononi-exchange]

I have never had a contract with O2 yet they registered a defautl. As O2 do not have a telephone or address and one can only email them their query, therefore, I have been writing to O2, I sent 2 emails and on both occasions the replies I am getting is not helping me at all;

 

Can someone advice please what I can do now.

 

Thanks for contacting us about the entry on your credit file.

 

We will be happy to supply you with all of the information you have requested in

compliance with the current legislation that governs consumer credit agreements

 

As you can appreciate this is sensitive information and therefore is restricted

to a specific department within O2 called Insights so that we can fully comply

with the Data Protection Act.

 

As you have been made aware in previous contacts you will need to send a hard

copy of your credit file to the address listed below alternatively to can attach

an electronic copy to an email and send it to"[email protected]" who will be able

to look in to the matter further

 

On the credit report you have been given any default or late payment entries

will be listed with either an account number or a reference number which we will

need.

 

Further to this there is a section on all credit reports detailing contact

information for any organisations you are financially linked to. You will need

to contact this department for any further information.

 

Thanks

Dean Kelly

O2 E-Care

 

Getting your query right the first time you email us is very important to us. If

your query has not been resolved this time, please reply to this email with the

words 'Need More Help' in the subject field.

 

O2 (UK) Limited, Registered Office: 260 Bath Road, Slough, Berkshire SL1 4DX.

Registered in England No 1743099.

[Rafas_Reds]

Sorry to hear that mate you may well of been a victim of fraud and I'm guessing that you have already got a copy of your credit file hence the surprise whoever you got a copy of your credit file from raise the issue with them highlighting fraud ie experian,equifax or callcredit this should get things moving quicker, they will then contact 02 directly and you will probably get a quicker response that way. The credit reference agency's have an obligation to keep accurate data...

 

One thing worth bearing in mind is that o2 have bought several companies over the last couple of years such as link, a broadband outfit and others i cant remember.

[Goldlady]

I have just had a letter from MBNA saying they have sold debt to Link. As I already have three defaults on file for the same debt it looks like number four is on the way. There is no CCA for this account - as Link will be told if and when they contact me.

[jononi-exchange]

I need urgent help. I wrote noticed a default against my name and wrote to O2 under s77/78 to provide me info. After several emails the reply i received was disappointing despite the fact that i have never had a contract from O2.

 

Please can someone advice me what action I should take next. Please also send me a copy of any sample letters that may be helpful. many thanks

 

Dear mr. Bla bla

The O2 Legal & Regulatory department have advised that as a mobile phone contract does not include a fixed term loan - all bills are payable within the 14 day terms and no deferred payment arrangements are made, then the Consumer Credit Act 1974 does not apply so there is no requirement for O2 to provide this documentation. If full payment is not received with the 14 day terms late payments leading to a default after six months will load automatically All details of the contract signed will have been provided when the account was taken out for retention by yourself.

 

If you require the information held by O2 in your name please contact O2

customer services 0870 586 0860 who will be able to complete the correct forms and raise the payment required for this service.

 

Many thanks

 

Credit File Referrals

Credit Risk Management

Finance and Professional Services

O2 (UK)Ltd

[jononi-exchange]

I need urgent help. Please see below from O2. I am lost please help me.

 

Please can someone advice me what action I should take next. Please also send me a copy of any sample letters that may be helpful. many thanks

 

Dear mr. Bla bla

The O2 Legal & Regulatory department have advised that as a mobile phone contract does not include a fixed term loan - all bills are payable within the 14 day terms and no deferred payment arrangements are made, then the Consumer Credit Act 1974 does not apply so there is no requirement for O2 to provide this documentation. If full payment is not received with the 14 day terms late payments leading to a default after six months will load automatically All details of the contract signed will have been provided when the account was taken out for retention by yourself.

 

If you require the information held by O2 in your name please contact O2

customer services 0870 586 0860 who will be able to complete the correct forms and raise the payment required for this service.

 

Many thanks

 

Credit File Referrals

Credit Risk Management

Finance and Professional Services

O2 (UK)Ltd

[buzby]

It might have been better to read this bit first:

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

However if you never took out a contract with O2, the issue isn;t about the CCA, but incorrect information - you did not take out a contract with them, therefore the information they hold is in error. THIS is the tack required to achieve removal.

[jononi-exchange]

after four months I have received a reply from Link Financial stating that "Your MBNA account was assigned to us in Jan 2003. The responsibility to manage the information placed with the CRA by MBNA was also passed at the same time of purchasing and the decision to process your information to CRA is not based solely on automatic means. Therefore, we not believe we are in breach of our responsibility under the Act with regards to your details"

 

Please can someone advice me what reply I shall send them before proceeding to County Court. It will be appreciated if a sample letter is provided.

 

Many thanks

[spiritgirl59]

Hiya jononi:)

 

Subbing x

 

What's the background to this one? What letter did you send to them four months ago?

 

If you've got another thread with info on this can you post the link up so we can have a look?

 

Many thanks

Love SG x

[jononi-exchange]

Link Financial registered a defualt against my name, I have written to Link Fincial to remove it as I have never had a credit card from MBNA. I also contacted MBNA and asked them for a true signed copy of my credit agreement but MBNA replied that they do not have a signed agreement between us.

 

I then followed the Consumer Group proceddure such as request under s77/78, SAR, S12 and other letters to Link Financial and MBNA to stop processing my data and remove this default but to date I have been unsuccessful.

 

On Friday I recevied the above reply.

[saintly_1]

Have you sent a letter asking for proof of the debt ?

[jononi-exchange]

Have you sent a letter asking for proof of the debt ?

 

Of course I have. If you read my thread before replying, any blind person can see I have been through all the usual letters and SAR etc.

[jononi-exchange]

Link Financial registered a defualt against my name, I have written to Link Fincial to remove it as I have never had a credit card from MBNA. I also contacted MBNA and asked them for a true signed copy of my credit agreement but MBNA replied that they do not have a signed agreement between us.

 

I then followed the Consumer Group proceddure such as request under s77/78, S.A.R - (Subject Access Request), S12 and other letters to Link Financial and MBNA to stop processing my data and remove this default but to date I have been unsuccessful.

 

On Friday I recevied the above reply.

[saintly_1]

Excuse me ......... what you have asked for is a SAR and a CCA request NOT proof of the debt ..................

[saintly_1]

Try this letter

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

There was no need for the attidude I HAD read your thread before replying !!!!

[jononi-exchange]

Try this letter

 

 

 

There was no need for the attidude I HAD read your thread before replying !!!!

 

Thank you for your reply and enclosed letter. I have exausted all these options and reported Link Financial to Financial Ombudsman for investigation. To date I have been unable to get them to remove this default hence I am seeking help. I have drafted a letter and posting here for your comment.

 

Thank you for your letter of 12th February 2008. I once again reiterate that I have no recollection of ever having signed a card agreement and I certainly have never given you my consent in writing for you to process my data. I have not had a card issued to me by MBNA for a number of years and the fact that you have registered a Default against my name with the Credit Reference Agencies is completely irrelevant as it is only from recent research that I have established you require my agreement to process my data (you have admitted that no agreement exists between us and in my view it never existed).

.

As advised in my previous letters I have scrutinised all relevant legislation, including the Consumer Credit Act, the various Financial Services Acts and the Data Protection Act - it is clear that there is absolutely no legislation that allows a lender to collate, process or distribute any information unless there is express written permission from a data subject.

You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

 

In summary, I once again formally instruct you, as an authorised officer, from this day onwards, to:

1) cease to continue storing, processing or communicating my data;

2) remove all such data from automated process systems, as per the provisions of Part II, Section 12 (1) of the Data Protection Act.

I trust that I have made my position clear, and that Link Financial will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to your obligations as a Data Controller, then I would advise that you consult your corporate counsel.

In any event, I shall expect a written confirmation from you acknowledging the contents of this letter within 5 working days, as per the requirements of section 15.3 of the Banking Code.

Please confirm by return that you will arrange for all information to be removed from Credit Reference Agency files. You should be under no illusion that I will take this matter to the Information Commissioners Office, the Financial Ombudsman and if necessary to court. Failure to comply with my request can only have an outcome in my favour and protracted discussion in the interim will only result in increased costs for us both.

.

I look forward to hearing from you in early course.

Yours faithfully,

[rory32]

Thread moved to Debt Collection Industry Forum. Have you received a Notice of Assignment from MBNA passing this debt to Link?

[rory32]

2 threads merged. Please keep to one thread per topic.

[jononi-exchange]

Try this letter

 

 

 

There was no need for the attidude I HAD read your thread before replying !!!!

 

Please can you look at the letter I comppse and let me have yoru comments.

 

Thank you