This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Thanks for your thoughts everyone. Much appreciated.

Thanks Babybear. Have already sent the letter you suggest and they have come back saying that they are not in breach and they are holding the account until the situation is resolved - ie. getting a CCA from MBNA 3 months after I requested it.

My Partner put his debts with a debt management company called Spectrum including a debt for Halifax, which was then taken over by MBNA. He then received a letter from Link Financial saying they had purchased the debt, so when my Partner made an offer for payment to Spectrum he asked them to leave Link for him to deal with himself, after I had dealings in the past with them myself. He sent a CCA letter in early April to which he received a letter dated 17 April saying they would put his account on hold for 14 days as they had requested a copy of the CCA from MBNA. Nothing was forthcoming so he rang them, but they said they weren't in breach and he then sent a non compliance letter. To date, they have not complied, but he did receive the following: "Thank you for your recent letter. As I advised you in our conversation on the 17th June 2008 the information you requested has been ordered from MBNA Europe Bank Limited and we hope to provide this to you as soon as it is received. Unfortunately this is taking longer than previously anticipated. I can confirm we are holding your account until this situation can be resolved. I refer to your notice under the Data Protection Act 1998. Your MBNA Europe Bank Limited account was assigned to Link Financial in February 2008. The responsibility to manage the information placed with the Credit Reference Agencies by MBNA Europe Bank Limited was also passed at the time of purchase and the decision to process your information to the Credit Reference Agencies is not based solely on automatic means. Therefore we no not believe we are in breach of our repsonsibilities under the Act with regards to your details. If you have any questions or queries in relation to this letter please feel free to contact me directly on 0207 793 2650 (ext 3058). Yours sincerely Ms J Pearcey" They have had since April to provide the details. Are they still in breach? Are they likely to come up with the CCA? My partner was thinking of offering them a nominal sum of about £100 (the original debt was £11,000 - Specrum have been paying £1 per month). as they can't provide paperwork. Any thoughts out there?

Thanks MrMarmite. I will send the letter you suggest and see what happens next. I don't trust them.

Thanks PossVox for your encouraging words.

I have just received a letter thing where you tear off the perforated edges from this lot of trash saying that they have written to me but not received a response. It is true, they have written to me and I have chosen to ignore them as the debt is years old and in my married name (I have gone back to my maiden name 7 years ago) and I am sure it is statute barred. It is no longer on my credit file which is now clean. However, this new letter states that if they fail to receive a response to their communications, they will have no other alternative but to pass the account to their field collectors who will call within the next 7 days. I will be sending them the CCA letter immediately, but I am not sure what to do if they do not comply within the time frame of 12 + 2 days (is this working days?). Do I have to give them another month on top of this to allow for them to go back to their "client" (Phoenix Recoveries)? Should I say, also, that I think it is statute barred? I am loathed to phone them as I know, from reading other threads, they are very unpleasant and threatening, but I am worried that someone will turn up on my doorstep and become even more confrontational. Any advice would be more than welcome.

I have just received a letter thing where you tear off the perforated edges from this lot of trash saying that they have written to me but not received a response. It is true, they have written to me and I have chosen to ignore them as the debt is years old and in my married name (I have gone back to my maiden name 7 years ago) and I am sure it is statute barred. It is no longer on my credit file which is now clean. However, this new letter states that if they fail to receive a response to their communications, they will have no other alternative but to pass the account to their field collectors who will call within the next 7 days. I will be sending them the CCA letter immediately, but I am not sure what to do if they do not comply within the time frame of 12 + 2 days (is this working days?). Do I have to give them another month on top of this to allow for them to go back to their "client" (Phoenix Recoveries)? Should I say, also, that I think it is statute barred? I am loathed to phone them as I know, from reading other threads, they are very unpleasant and threatening, but I am worried that someone will turn up on my doorstep and become even more confrontational. Any advice would be more than welcome.

I have been in negative equity with Bradford & Bingley since 1993 when my house was sold for half of what I paid for it (during recession). B&B put the debt with a firm of solicitors called Drydens to start with and I paid £25 per month for a while. Then the debt was put with Experto Credite to whom I am also paying £25. (These payments have been on and off since the sale of the house). I tried to make a full and final settlement of £1000, which I was going to borrow, but to no avail - they wanted a lot more. I am 2 years off my official retirement age and will never repay this debt (£20,500) in my lifetime unless I win the lottery! With hindsight I wish that I had never started to pay anything at all! Anyway, as the debt was a mortgage can I still send a CCA request? I will do anything to get them off my back.

Thanks Curlyben, I will do just that.

Thank you for your comments. I have signed the letter but not posted it, so I will print off another copy and send it minus the signature. Thank you again, I wouldn't have known about that. Sneaky b.......ds!

Further to my last thread (Link Financial telling lies) of 18 July, I have now written the following CCA letter to them. Perhaps somebody could let me know if they think it is ok before I send it - it would be much appreciated: I require you to supply the following documentation: 1. You must supply me with a signed true copy of the credit agreement which refers to the above mentioned account. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a full and detailed statement of account. I enclose a postal order for £1.00 in payment of the statutory fee. Postal order number XXXXXX. This postal order is for no other purpose than mentioned in the above paragraph. 2. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974. Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. I do not acknowledge this debt in any way and it is now statute barred with effect from May 2000. Your representative, when she called on the telephone, stated that I paid £1 last July. I DID NOT. However, the debt was already statute barred. I also request proof of this payment. Yours faithfully

Thanks everybody for your helpful replies. I will certainly send the Link Financial cretins a CCA letter and also request proof of the £1 payment I was supposed to have made. Should I reiterate though that the account is statute barred? I think I shall also contact TS - another complaint won't go amiss!

I have recently been contacted by a company called Link Financial. They rang me at first saying that they had purchased a debt from Abbey relating to a loan and made it clear that they knew I had returned to my maiden name and was no longer with my husband (stating his name). They followed this up with a letter dated 12 June 2007 claiming that I owed £3777.95 and enclosing a letter, supposedly from Abbey, also dated 12 June 2007, informing me that the debt was being sold to them (why didn't Abbey write to me direct?). This was sent in my married name so the next day I received a letter dated 13 June 2007, with enclosure from Abbey also dated 13 June 2007, in my maiden name. I checked a back copy of my credit file (2005) as this debt has been removed from the current one and the original default was May 2000 so as far as I was concerned it was statute barred. The current balance and the default balance were the same (then £3075). Last night I received another call from Link Financial and I asked them to speak to my partner for fear of saying something I shouldn't. He told them it was statute barred, but they insisted that I had made a payment in July last year of £1, which I hadn't, and said that the six years would start again from then and wouldn't become statute barred until July 2012, but looking at my credit file it was already statute barred. (I did find a copy of a letter dated 12 June 2006 I had written in response to one from DLC, who were dealing with the matter then, asking them if they were acting on Abbey's behalf or if they had purchased the debt, and requesting a copy of the original signed agreement. I received no response.) My partner asked the woman at Link for proof of this £1 payment and she said that I needed to write in with a payment. He also asked her for a copy of the original agreement and she ignored this. She just kept harping on about the £1 payment I had made and that it would be passed to their legal department. The woman left her name and number and asked me to call her, but of course I won't. I must admit, I am worried as to what they might do next and how to deal with it. Any ideas out there?

I will send a section 10 straightaway - may even stretch to Special D! Thanks for advice.

Thanks for the tips regarding harrassment. Have read the letter and copied it. I will be typing it up and sending it to the Halifax post haste! Your advice is most welcome. Thanks again.

I have just been offered £180 in full and final settlement of my £837 bank charges which I am, of course, only accepting as an interim offer and pursuing them for the full amount. Two days after receiving my claim they issued a default notice because they say I'm not sticking to the agreement of repaying the overlimit on my overdraft. They have only queried it once before and then asked for the increased amount in their letter. It then reverted back to the lower amount. I am paying £63 per month as set out in their monthly reminder, and have done for the last 6 months, but they now want £77 as it doesn't include interest. The default notice is giving me to 12 July to pay the overlimit amount of £203, but they have phoned me at all times of the day from 8am to 9pm asking for this money and when I can pay. A Manager was supposed to have phoned me, but hasn't. I asked the Call Centre woman to stop phoning me and to deal with me by letter, but she said they can't. She didn't want to listen to what I had to say and hung up. I have written and complained to the Financial Ombudsman and now wait his response. Should I send Halifax the letter (S10 I think it is) regarding the default notice?

The amount stated on the reminder is for £63 which is what I've been paying, except for the one £77 which they asked for verbally and in writing, then it reverted back to £63. They didn't challenge it last month though, but they did this month after they received my claim letter. ___________________________________________________________________________________________ Received default notice today asking for £203 by 12 July (my birthday!) - they didn't waste much time (24 hours). If I can raise it I'll let them have it (and the money!!), but I will follow up with complaint to Financial Ombudsman as I think I've been treated unfairly as have many others. I was unaware that I was not keeping to the 'arrangement'. Maybe they'll refund my charges in full - ha ha.

Have just sent my letter reclaiming £837 charges to Halifax which they would have received on Monday. I've received a reply thanking me for the correspondence regarding the problems I've had with my current account and confirming that my complaint has been passed to a Secior Customer Relations Manager for review. I will then be contacted in wiriting with a response and they have enclosed a Complaints leaflet which fully explains the complaints procedure with a telephone number should I need to contact them to discuss the matter. However, this morning at 8.15 I received a phone call from a very officious woman from the Halifax regarding my current account. I went £800+ overdrawn thanks to their charges (£500 over my limit) and reached an agreement with them to repay, I thought, £70 per month. Each month they send my a reminder to pay £63 on 12th of the month which I have done. One month they rang me and asked for £77 because of the interest and this was followed up by a letter asking for same with a request for £63 the following month which again I paid. I have just paid this month's £63 on Monday, but the woman on the phone said I had not kept to my arrangement to pay £77 per month. When I challenged her she informed me that the £63 stated in the letter did not take into account the interest and wanted to know when I could pay the rest, but why did they not contact me last month when I paid £63. She then told me that they were putting a default on my account and, no doubt, more interest. I replied that I would fight them all the way, but I was so furious that I then hung up on her. At 9.10 I rang to speak to the Senior Collections Manager who signed the reminders, but an automated voice said that the office wasn't open and to call back during office hours, 9 - 5. I eventually did get a reply from an agent and I asked to speak to the Senior Collections Manager, but - surprise surprise - he wasn't available. I asked if he was fictitious and was told he did not deal with phone calls but another Manager would call me back. So far I've heard nothing. Not sure what to do next though. Can I add any further interest to the amount I'm claiming and what happens if they put a default on my account? Will this affect my claim?

Thank you Andrew and Angry Cat for your replies. They are most helpful and I will certainly take your advice and contact the CCCS and National Debt Helpline and check my position out thoroughly before contacting EC. Your support is more than appreciated. Thank you.

Thank you BotB for your reply. Unfortunately it's only a few months since I dealt with B&B's solicitor. There has been no court order and I didn't hand back the keys. I reluctantly sold the property myself when I was unable to meet the commitments, but at a huge loss. I originally had equity in it, but because of the recession, lost it all and ended up with negative equity, like many others. I will definitely check out the site you mention though. All suggestions are more than welcome to help me deal with this. Thank you.

Thanks for your reply. No I have never been taken to court. I am not sure what to do about EC. Should I contact them? I'm going to call CCCS on Monday and ask for their advice and also have a word with a local solicitor who gives a free 15 minute appointment. I still can't understand why Bradford & Bingley took the matter out of the solicitors hands and put it with EC. I assume it's because they will probably be more aggressive!

Thanks. It's much appreciated.

The house was in my name only and I was the only one working. Thanks for the telephone number. I will give it a ring on Monday.