Thanks. Taking your four points in order: 1. Agreed. 2. This may be so, but all Link are doing is making phone calls which result in being told to communicate in writing, and we can easily put the phone down. They know I will ignore anything they do - unless/until they can show me or a Court that they have some status in the matter. 3. Agreed, and as they still can't produce valid papers, we are willing to sit it out. 4. Whichever is true, we feel that if neither is able to do anything, we can just wait and see. (MBNA have shown no interest in it for over a year. We should in any case soon get round to reporting the CCA non-compliance).

Thanks. I last wrote to Link over a year ago, saying that I did not acknowledge any debt to them, not to telephone, and as they do not have valid cause or authority to hold data relating to dealings with MBNA, to delete all personal data about me, in accordance with DPA 1998. I also referred them to the Complaints Manager at MBNA, as I had then just made the assignment complaint - asking MBNA to restore the matter to how it was immediately before the "date error". As this said it was my final communication (and I have not written further) is it appropriate to send them a CCA request? Might that imply that I accept the erroneous and invalid MBNA assignment? My original intention was to let them try the Courts, which I would obviously strenuously defend. My wife thinks we should continue to adopt that attitude.

I used to be in a financial job, and used to know the 1974 Act well. About 5-6 years ago I was operating a credit card linked loan account in a satisfactory manner with MBNA. I was then redundant and later had serious health problems including two major operations, stroke, and spent 6 months in hospitals and am now disabled. My wife took over handling all finances, as she is OK and I was not to be worried because hypertension had caused all my health problems. She initially agreed with MBNA that they would suspend interest and allow reduced monthly payments, which was reviewed from time to time, as we had expected that I might work again. (I am however still certified by GP to refrain from work, though I am doing some voluntary work to keep occupied). All was well until MBNA miscalculated a date, and accused me of making one payment late - though it was demonstrably paid via bank and cleared exactly on the deadline. They then suddenly said they had assigned it to "Link Financial-Lin" because of default on the arrangement. I have never had a valid Notice of Assignment, just a photocopied unsigned letter. Link promptly contacted me, and I could see MBNA had got their name wrong, and became suspicious, so requested the CC agreement. This was over a year ago and it still has not been supplied. I began reporting the matter to the Ombudsman, but have not pursued that any further in view of the non-compliance over the CC agreement. I said that my main complaint against MBNA was that they had purported to assign a debit because of default - yet there had been NO DEFAULT. I also mentioned that non-compliance over the CC agreement meant it was unenforceable, and would be reported to TS - which I have not yet got round to. We also told Link it was with the FOS (Ombudsman). I send the FOS a copy of Link's threat to get a charging order even though it was not validly assigned AND unenforceable. I told FOS that Link were harassing us. I heard no more from anybody for several months, then in the past month Link started their "usual" pattern of threatening 'phone calls. I have told them only to deal with my wife on my behalf, and only in writing, yet Link keep phoning. I expect she will be phoned this evening. I would still be paying MBNA as agreed by my wife, or with family help I might have paid the 30% a year ago, if their mistake over the date had not thrown up the fact that they can't find the CCA! I have read a lot on this forum, was impressed, and I thank folks in anticipation of any help.

It would be very helpful if you could confirm the name of the most senior person you dealt with at MBNA, as there seem to have been a lot of recent personnel changes there, if one reads this forum extensively!