Not 5a. 5. A copy..... just not that much space between 5 and A. sorry for the confusion.... Thank you for the clarification. That is very interesting. I never got the letter from Link by registered post. Hmm. Need to consider what to do. But also have kids presents to wrap, so this will have to wait til tomorrow !!

P - What does this mean ? 5.A copy or the recorded delivery track and trace number to comply with service as to the law of property act 1925

Vint - Did they do issue claim electronically and include the CCA and DN? If not, check my thread on Halifax. Others helped on how to a) acknowledge b) defend the whole claim. Which is how mine got abandoned by H. I need to take a bath and think on this one ! To think on best route for me...

Thank you Postggj. But now I am having second thoughts. I am just wondering if I should hang fire on sending anything to either of them? The reason I say that is because of my recent dealings with Halifax. H sent a Claim form; I replied and filed a Defence at the same time as sending in CPR 31.14 & 18. This gave them less days, by law, than the SAR route to collate all the necessary info. Within 6 weeks they had abandoned the claim and decided to not pursue the total debt. Yea! So, at the 11th hour before posting my SAR, I am just sitting here wondering if it is better to let Link issue a Claim form to maybe have the same result as with H ? I have paid Link nothing since Aug so I am wondering why they have not issued a claim already, given the months that have passed ? Unless they already know the agreement is unenforceable ? Anyone any insight on this alternative potential route ?

Postggj - I have just printed my SAR below and am looking to special it to MBNA today. I am just trying to work out the best response to Link for not replying to my S.78 Request....(specialed 17/11) Subject Access Request Please supply me with all data - not limited to my transaction history and not limited merely to 6 years of historical information - which you hold on me. This includes in particular, but is not limited to, the following:- 1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. 2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MBNA. 3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold. 4. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover. 5. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied. 6. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998 7. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed. 8. Copies of statements for the entire duration of the credit agreement. 9. Termination notices PLEASE NOTE: That unless otherwise stated by yourselves, and if the above documents are NOT provided, it will be confirmed that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec). You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated Aug 07) I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable." I am hoping that mbna go the same way as H !! Do you have any comments ? Extra advice ?

Is this the correct MBNA address ? Data Controller MBNA Europe Bank Ltd Stansfield House Chester Business Park Chester CH4 9QQ

seems to be top right of Agreement page.

why are there 2 dates on your Agreement letter - stamped 3 May 2001 and printed 23rd October 2001 ? Am sure lots here will give you advice. Best of luck.

Yippee The Court has received notification from H that they are not pursuing their claim against me. Fantastic, fantastic, fantastic.... One little caveat though - the Court did say that they will file the Claim. If the Claimant wishes to reinstate the Claim at any time they can. They will have to apply to the Courts to have the Stay lifted ; I would be notified of this action ; the Claimant would then have to reply properly to my Defence ; I would then have to respond accordingly. So, in essence, although the Claimant has abandoned the Claim and says they will not pursue me, they could at some point reinstate the Claim and fight me again. I trust they won't. And I hope that I can sleep a little bit easier. I hope others take notice of my thread here and that the steps I took can be copied to help someone else have the same result.... Thank you once again to all those who helped.

PT - Actually the DN was for the outstanding arrears, not the whole lot. I will check my records properly though and revert tonight. I will also draft the SAR tonight and, after final approval, will special tomorrow, Weds.

shouldn't the wording on some of these templates be altered to say "original hard copy" then ?

Johnrog - card dates from May 05.

Thank you - will do. They needed to respond to Court by 22nd, tomorrow. So I guess it is important to check today !!

Thanks for responding Vint. I was defaulted on 9 Jan 09. The DN asked me to pay arrears only, by a certain date - 26/01/09. Link wrote to me 30 Jan 09 saying they were the current owner of the whole debt. The balance Link has quoted is huge. It includes all sorts of charges that I had disputed with MBNA which had taken me well over my limit. I made Link an offer of tiny monthly payments, which I kept to for a bit and then stopped in August. I sent Link a S.78 request 17/11/09. Link has not replied. I have all paperwork dating back to start of card but no agreement, only this card carrier doc. So what do you think is the next step for me ?

Could someone please have a look at my thread. http://www.consumeractiongroup.co.uk/forum/mbna/210845-hp-mum-mbna-new-post.html MBNA have not replied to my S.78 request. Quite predictably. I am unsure of the next step. I think I can go the CPR 31.16 route - if I intend to take them to court. And I think I can write claiming they can not enforce payments until they produce the docs requested. But I am not sure of the best route. Can someone please help ??

I just had a fantastic result with my dealings with H. Please read my thread as it may help you. I had some very good solid advice from others on here from the start of November and with only limited communication between H, court and me the issue got sorted in 6 weeks. http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/232368-urgent-help-needed-halifax-new-post.html

I just realised ONE month has passed and MBNA have not replied. So what do I do now ??

"We have been passed a copy of your Notice of Defence and Counterclaim in respect of our Claim # xxx in NCCBC. After careful consideration we have decided not to proceed with the claim. We also confirm that no further action will be taken in respect of the outstanding balance. Please note that this is purely a business decision and does not diminish your liability for the debt. We trust this brings the matter to a satisfactory close". I just can not believe this. Thank you all so much for helping me with this. Without your advice and support I am sure I would have been sitting in court imminently with a potentially completely different outcome. I have been so worried about H's claim against me. But this is just such a fantastic result. Happy Christmas !!! Just one more question to you all though - what does "does not diminish your liability for the debt" mean ?? - If they are not taking any further action ?

Thank you Toymaker - I already sent T.Munn this template letter in mid November !! I will re-send it by special - again - today. My balance is much lower - but still high for me...

ok - I sent the letter below , as suggested by LS, to Arc Thank you for your letter dated xx/2009. There is currently a dispute between Egg Banking and myself regarding matters arising from Egg's termination of its contractual agreement with me. For two organizations - Egg and Arc - to pursue an alleged debtor simultaneously is harassment and a breach of your Trading License under the Office of Fair Trading Regulations. In view of the above, I will only communicate with Egg and only by correspondence. You are also instructed to desist from making telephone calls to me. You are to consider this letter a formal complaint of your conduct, to which I require a written explanation of your conduct within the statutory time period. If you fail to comply with my instructions regarding method of communication, and if your response to the complaint contained hereunder is unsatisfactory, I shall immediately make a complaint against you to the OFT and FOS for the purpose of invoking financial sanctions and of having your trading license revoked. Yours faithfully, However, I guess they never got the letter ?? as today I received another letter from their Solicitors, Trevor Munn, telling me that a County Court Claim has now been prepared and is ready to be issued against me in the xx county count. They have added some charges and then tell me that I can stop the claim being processed if I pay in full now. etc etc This is sooooo boring. So what do I do now? My instinct is to copy the letter above and send it again to Arc and copy it to TM. Or should I send an even more threatening letter back to Arc ? Does anyone else have any ideas ? Want to get this out the way in the next day or two before Christmas is before us all...

Anyone any further tips ?

Thank you Pelham for joining what seemed to be purely a 2way discussion !! I am the Landlord ! I have been in and out the property for years. I have had it tenanted - some short, some long; sometimes it was empty, sometimes I lived in it. I also had it managed , or mismanaged, by a company that does not exist anymore. I did not receive the bills, did not know they were addressed to "The Customer" or that they were all estimated ; I just paid what the Management advised to pay and thought that I was covering for the periods of my occupancy. I was not aware that tenants had not notified the energy supplier. I do not have the tenancy agreements as the management had them. So this is why I am worried about the responsibility of the landlord. I am resident for a short period at the moment, hence why I received this bill and why I am trying to sort it out now. I guess, as you say, I have to write a simple letter stating the account is in dispute, and asking them to forward all the info they have on the account to help me get to the bottom of all their figures and calculations. I will take readings as you say. But after this explanation, what would you now suggest is the best step forward (attack) ?

NL - from your experience then, why would a supplier cancel more than 2k of an alleged debt without showing any calculations or reasons within the framework of the alleged bill ?

Does anyone else have a view on this ? Nottslad, you have said the alleged debt would "probably" default to a Landlord. But the supplier can not prove the level of the consumption in the first place. The landlord could prove residence elsewhere. Are you stating this with legal background knowledge or just an assumption of how you would act working within an energy company ? I just do not understand how a supplier can guess a property's energy usage and be considered in the right to back date a bill almost 6years... Also a tenant is obviously only liable from a certain recent date. If tenant writes to supplier and advises move in date, retrospectively, the supplier can not hold new tenant liable for consumption prior to move in ? If supplier only has "The Customer" on their database, and no name then I would wonder how they can even hold the absent and unnamed landlord liable for an alleged debt ?