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    • Spoke to my SIL a short while ago Andy and he had the following to say.....     No, he had left their employment by this time, in fact he left January of this year.     August 2013 up until January 2020     Yes, in fact he had a staff MORE card.     He laughed and said "Hell Yes" This even extended to the pubs deputy manageress whom he described as the worst offender and knew that my SIL was doing it as well as other staff members.   There is a story here....   He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.
    • this is what shell have just sent me in email, confirming mistakes were made it the final response / deadlock letter, they are only telling me this now, 6 months after the deadlock letter was sent to me and long after court action started   please is the actual deadlock letter binding, or can they just noll and void it like this?   Thank you for taking the time to speak with me this evening regarding your account. As agreed, I am emailing you with the details of what was discussed during our phone call so you have a copy in writing. I advised that you previously had an account with Shell Energy (formerly First Utility) for property  and this has an outstanding debit balance of £187.24. However, due to the age of the account and when the invoice was produced on this account, this balance is being cleared. This balance will be cleared within 10 working days and the account will be closed at a zero balance. In regards to account  I advised that back billing credit of £630.45 that was applied in April 2020 was applied in error and was later withdrawn. I explained that the reason it was applied in error is because the back billing period this amount was calculated for, is the same period that the back billing was previously calculated for and a credit applied to the account in February 2017, with the amount of £1192.32 being applied to the energy account. I advised that at the time the deadlock letter was written, the information within this letter was accurate based on the account at that point. After receiving the deadlock letter, you then escalated your case to the Ombudsman. It was at this point, an agent investigated your case and realised that the back billing credit of £630.45 was applied in error. This was addressed within the Ombudsman's findings in writing and they confirmed that the £630.45 was an error and it is correct in being removed, leaving the account balance at £644.48 which is valid and liable to be paid. I appreciate that you have advised the Ombudsman case is null and void as you did not accept their decision and you are right in saying that the actual final decision that they issued was non-binding upon Shell Energy. However, this does not change the outcome of their findings or the fact that the back billing credit of £630.45 was not due to the account. You queried if our call was recorded as you would need it for a judge, to which I confirmed it was recorded. If you want me to raise a SAR for a copy of this call recording, please do not hesitate to reply directly to this email and let me know and I can arrange this for you. I advised that as your case has now been escalated to Shakespeare, legal fees have now been incurred. I advised of the breakdown of these fees: Legal representative cost £70 , Court fee £60 and interest £146.06. I also confirmed that these legal fees were on top of the account debit balance, resulting in an overall balance of £920.54. As discussed, due to the case now being with Shakespeare, I am unable to offer any settlement figure internally. However, I can arrange for Shakespeare to call you directly to discuss your account and options available. You queried if they would be able offer/discuss a settlement figure/payment plan, to which I confirmed that I could not comment on this as I do not know their process, however they will be able to discuss the options in more detail with you directly. As agreed, I will arrange for Shakespeare to call you tomorrow; Friday 27th November 2020. If they are unable to get hold of you, they should be able to leave a voicemail for you. During our call, you also queried who would appear in court to represent Shell, whether it would be a member of staff directly from Shell or whether it would be a representative from Shakespeare on our behalf. I have gone away and spoken to our legal team who have confirmed that it would be Shakespeare who would lead with a representative on behalf of Shell. I hope the information in this email clarifies our position. As advised within our phone call, I am genuinely sorry for the shortfalls you have experienced and I fully appreciate the frustration this has caused. As above, if you would like to request a copy of our call recoding from today, please not hesitate to let me know and I can raise a SAR for this. You can reply directly to this email or you can call on 0330 094 9158. Our lines are open Monday to Friday, 9:00am to 6:00pm. Please note that my working days are Wednesday to Friday each week. Yours sincerely,  
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Issue proceeding against Link Financial (MBNA)


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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.

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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?

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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

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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"Insights@o2.com" 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.

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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.

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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.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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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

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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

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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.

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  • 4 months later...

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

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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

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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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.

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

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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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.

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

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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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 !!!!

  • Haha 1

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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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,

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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