Ok cheers. I will put a letter in the post to them.

Thanks dx. I will have to dig out everything i can find. Another strange thing i have found is that according to an old equifax file, i was defaulted in 2006 by MBNA. At this moment i cannot find the original default from MBNA, i know i have it, just dont know where it is. I am presuming it will come from MBNA with the SAR stuff. I also have a default letter here from Link dated 2008. This was not in with the SAR stuff. The 40 days are not yet up so should i contact them and demand the rest, or just let it go past the 40 days and complain to the ICO. I have already sent them a SAR asking for all info to do with my account for all periods, so surely its up to them to supply it, not for me to chase them. Do you think i should wait for the letter from them first confirming they have sold back the debt, cos something smells wrong there. They say in the letter it was recalled, then they say they sold it back.

Update. Sent SAR to both recorded delivery on 26th april. These were signed for on 29th and 30th. Had a letter from Link today with a small amount of paperwork, and a cheque for £215. The covering letter confirms the £10 for the SAR and saying we enclose a copy of all the information we hold. It also says. We confirm that a refund in the sum of £215.00 has been enclosed and relates to over payments made on the account. We confirm the account was recalled by MBNA in october 2009. We were not given a reason as to why the account was recalled but note from the account history that at the time the account was subject to legal proceedings. I was going through some paperwork the other day, and found a letter from MBNA dated march 2006, saying they had sold the account to Link. I also found several letters from Link saying they had purchased, and owned the account from MBNA dated between 2006-2008. Also the default. None of these letters were amongst the stuff sent to me today. In fact there are no copies of any letters sent to me from Link. Should there be ?. I phoned Link today asking then if MBNA had recalled or purchased the account from them and they said MBNA had purchased it. They agreed to put this in writing and send it to me. Not heard anything from MBNA yet.

dx. Ok thanks i will put in a covering letter. I have been paying £5 a month so 3 years adds up to £180, must be just over 3 years. I suppose all will be revealed with the SAR. My son has just sent me this letter that he thinks i should send with the SAR. Do you think its appropriate ?. I am sending this letter as requested by you on the phone on 25th April 2013. I am requesting a refund of any payments sent to you since my account reverted to MBNA in 2009. Could you also please give me a full explanation why you have never informed me that you no longer hold my account. This happened several years ago and you have been accepting my monthly payments since the account apparently left you in 2009. The reason given by you that the payments are not monitored is unacceptable, as it was the same method and amounts paid since 2006. If i had not paid, you would have been all over me within days so you cannot say it is not monitored. Are you trying to tell me that you have no idea who is paying you ?. That does not sound to me to be appropriate behaviour for a company with a credit consumer licence. Feel free to add the appropriate amount of interest, i think 8% is the norm, on any payments made to you by me since the acount ended in 2009. Could you also please give me a full explanation why the account was sent back to MBNA and the amounts involved.

Thanks dx, i have added that line to the letter. I will get them posted tomorrow. K

Just had a phone call from Link. I stated i would not answer any security questions. So she just asked me to confirm my address, which i did. The girl on the phone said a manager had told her to ring me to inform me they have approved my refund of £200. But i have to write a letter to them saying that i request the £200 refund (sent by cheque) and that i will not be sending any more payments to them. I informed her i would be sending a SAR tomorrow. I asked why i had to send a letter and she said it was due to money laundering laws. She said to put the letter in with the SAR. Should i send the letter with the SAR or seperately (or at all) ??.

Here is the letter i am thinking of sending for the SAR to both link and mbna. Is it ok or do i need to add/delete anything. Thanks K. Data Protection Act 1998.Subject Access Request. From; My address For the attention of; The Data Controller Link/MBNA Address 25th April 2013 Dear Sir/Madam ACCOUNT/REF NUMBER: xxxxxxxxxxxxx Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you. This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external correspondence. I enclose a cheque number xxxxxxx for the statutory maximum fee of £10. You have 40 days in which to comply. If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started. Yours faithfully, Me

Thanks

Sorry again, not very good at this yet. Forgot to mention that i got a credit report in december 2012 from Equifax and no defaults are on it, just my current credit agreements and an old virgin one. I was really pleased when i saw nothing bad on it. Could someone confirm these are the correct address to send the SAR to; MBNA europe bank ltd, po box 1004, chester business park, wrexham rd, chester, ch49ww. Link financial, po box 30095, london, se17wu. I have been searching the site for SAR letters and see many different ones. Could someone advise the best one please. Thanks K.

Hi dx. Yes Link said on the phone they will return payments made since 2009 to me. Sorry what does my SB date mean ?. Huge pile of documents concerning ; Unfair credit card charge complaint. Assessment of credit card agrement. Consumer credit agreement. Financial mis-selling claim. Unenforceable credit agreements. County Court advice and defence papers from Liverpool and Warrington. Application for judgement by default. Breach report. Notice that a defence has been filed. SS77/78 (late but good) compliance by MBNA ending my claim. Application for costs of the claim on discontinuance. File attendance notes. Notice of hearing of application. Unfair charges won letter and invoice. Notice of discontinuance. Letter advising me to stop claim as costs would be incurred by me. .Loads of agreement letters that i had to sign. If you need any more in detail info on any of these i can type it in. By the look of it BF earned many thousands out of it, and i ended up after fees with about £100. I am now presuming this put the account in dispute, but i have never been told that by anyone. Should mention that i never took out PPI on any cards so have no claim for that. Whats a cra file and who do i ask for that ?. K

Ok thanks i will get the SARs off as soon as i can find a template and the correct address to send them to. Sorry if this sounds stupid, but i am quite stressed at the moment and starting to panic at the thought of summons that you mentioned.. Even though Link have told me over the phone they dont own the debt, i have no proof of that in writing as i have not heard from them or MBNA. If i cease the (2006) agreed payments to Link, wont that just put me in default and give them the excuse to take me to court. I have really been trying to avoid any legal action as i dont think i could cope with it. Some days i can deal with things, but most days i cant. K

Hi andy,thanks for your time. The refund was paid to the CMC by MBNA, the CMC took their fees and sent me the rest. Wasn't much, i ended up with less than £200. Link implied that was the reason the account was returned to MBNA. No idea if its been deducted from the balance, i havent had any statements or demands from either of them for years. I carried on with the payments to Link because neither of them told me it went back to MBNA. I only contacted them to try to get the payments reduced to a pound a month, as my outgoings, since ATOS declared me fit for work, are more than my income, before i buy food,toiletries ect. the CMC went through the process with the agreement and apparently found it to be good. I got a 4 inch stack of paperwork from the CMC, mostly court and solicitors papers, including the agreement. I realise i should have tried to sort this earlier, but i have been ill for about 10 years, and just couldnt get my head round any of it. I have 2 other card debts as well, which i have got reduced to a pound a month. And have been having an absolute nightmare with Acenden, overcharging me for years. But thats another story for another time. I really cant afford the £10 SAR fees at the moment, i am in dire straights financially. Link said the refund had been agreed, but i wont hold my breath till it arrives. K

Hi. Hope this is in the right place, i wil try to be brief. In 2006 MBNA sold my £14k+ debt to Link financial. Link defaulted me in 2006. I made an arrangement to pay £5 a month which has been paid every month since 2006. The default has now expired and is not on my credit record. In 2009 i made a claim against MBNA through a CMC for unfair charges which was successful. I have not heard from Link since 2009 which is the date on the statement. I have not heard from MBNA since 2006. I phoned Link yesterday to ask why i have not had a statement since 2009. They told me MBNA had taken the debt back in 2009. Neither Link or MBNA have ever informed me that the debt had reverted back to MBNA. Link said it was because of an ongoing court case. This is news to me. Link said the payments i have made since 2009 will be forwarded to MBNA. I told them to send them back to me, not to MBNA which they agreed to. Link will not answer any questions about this on the phone apart from telling me the debt had reverted to MBNA in 2009. They told me to write to them for a full explanation. My questions are; Are Link allowed to collect payments on a debt they dont own as they have been doing since 2009 ?. Since my last correspondence with MBNA was in 2006, is the debt now statute barred, or can they start chasing me again, even though they sold the debt in 2006 ?. Could someone help with the wording of the letter to Link, or direct me to a template. Thanks.

Hello again. First off, apologies for my earlier rant. I was totally at the end of my tether with these people and was not thinking straight. Update to where i am now. I have contacted the FSA 3 times and not had any sort of response at all from them.Not even an acknowledgement that i have contacted them. So i have got some legal advice. I have been advised not to change the payment method from direct debit for any reason,as this could be the equivilent of financial suicide. I have given 150 pages of documents,including all letters and statements, to a firm of chartered accountants and am awaiting the results. I will of course keep you updated.

I very much appreciate any input on the questions i have asked. Because i have not been given any advice that is useful to my particular problem,,i have not taken it. I will ask again.Have you any connection to SPML ?.

This matter has now been raised with the FSA. Its ridiculous of you to suggest i make a manual payment every month for the next 15 years. Do you work for,or have anything to do with SPML or any of the various agencies they use ?.

Ok thanks. Is this post on the wrong page,or have i done something wrong,as i seem to be getting comments from 1 person only.After spending days trawling through the site,and seeing endless complaints about spml/ascenden,i find it very strange that no-one else is commenting. If i complain to the bank and they refund me the payment taken by them in may,does that put me in default as no payment has been made on my mortgage for this month.

Hi.Many thanks for your reply.Yes you are right,i have absolutely no idea about how the court system works,or any legal matters concerning finance..But i am a fast learner when i need to be,and have plenty of time on my hands,so am absorbing as much as possible from this great site Thats why i posted to the forum,to get as much advice as i can.Then i can decide whether to put up,or shut up.If i do nothing,they will just keep on doing it,to me,and who knows how many other people.If this is a regular occurance with lots of customers,then the sums involved would be enormous.I am hoping other people with mortgages,who were maybe afraid,or didnt want the hassle,will contact me,or post here I read another post with a similar situation to mine,and one of the replys said write to them,asking where they keep the money,and if its earning interst. Any point in that ??

thanks. i have sent them a message asking for a refund for over payment taken,as per the direct debit guarantee. how long do i have to give them to refund me before i can county court them ??

Hi.thanks for the suggestion. Doing anything to the direct debit is not an option with this shower.Neither is asking for anything on the phone,trust me,its not an option. Please remember,i have never missed a payment in 10 years.I am a good customer,not a defaulter.I dread to think how they treat the bad customers. Anyhoo,how do i go about taking legal action.If the general opinion is the police wont be interested then i have to do something asap to stop this happening every month..

come on guys and girls.someone must have an opinion on this.should i go to the police about this ?.if not,who should i contact.please help this is driving me nuts.

ok thanks

Hi all.I have an interesting question concerning mortage companies and their right to take excess amounts without your permission.In particular Acenden,an offshoot of SPML.I will keep this as brief as possible. I took out a mortgage with SPML in 2001.A small mortgage of under £30,000.My mortgage payment is approx £175,of which the dss pay about £60 a month.leaving me with a payment of about £115 a month. I have been on benefits for several years due to poor health. I have never had any real problems with them (SPML),apart from them constantly taking excess amounts in mortgage payments most months,with no explanation or apology.This has happpened consistently since i took out the mortgage.Eventually i would get a refund for the excess amounts taken. My latest problems started last year,when the dss changed the rules on the amount they will pay in housing payments each month.I was never informed of this change by either the dss or acenden,and only found out by chance in january.When i checked my mortage account online in january,i saw i was in arrears by about £45 because of an underpayment by the dss.No charges had been added,apparently due to dss rules,and the small amount involved.So i happily paid the arrears and thought that was it.Next month,i checked again and saw i was (according to my online statement) £65 in arrears.Again i paid it and contacted acenden and the dss.They (acenden) assured me they could add up and that my direct debit would be adjusted to take the correct amount from my bank (approx £115).So next month they took approx £180,an extra £65 from my account,leaving me £65 in credit on my mortgage account.I phoned them again and got a £65 refund.I have just checked my bank statement,and see a direct debit request from acenden for £240 odd pounds.£125 too much and over 2 weeks benefit money,leaving me potless. My mortgage payments are approx £175.I have never been in arrears,or knowingly missed a payment with this mortgage,so they have no reason to take excess amounts from my bank account. In my last phone call to them,they assured me all will be right this month. My question is;Can they legally keep taking excess amounts from my bank every month,even after i had verbally instructed them not to do this.I would like to add that this is causing me extreme financial hardship,and is affecting my already fragile health. Replies will be gratefully recieved. Just to add that i have every letter and statement sent from spml,and all their various collection agencies,since the mortgage was taken out,proving the above.

i am paying them a small amount every month.except for Natwest who defaulted me and will not accept any payment offers at all.they are taking £14 every month by direct debit,with £10 of that being interest on a debt of approx £630.i also bank with Natwest who i must add have been fantastic.

ok thanks.are you saying that the first step is not to send a letter asking for a copy of the original agreement ?.