Linkand MBNA CCA return

[unclebulgaria67]

If this relates to the same debt that was being disputed previously, I would send a CCA request to BCW, with an added paragraph, saying that this matter was previously subject to a dispute with Link.

 

You will find that these companies just issue threatograms and often even if debts are disputed, they will just sell the debt on. So each time you have to go through the same process and ask for evidence that they have anyway of enforcing the debt.

 

Always send letters by recorded delivery.

[melmumof3]

i know all this, been thru it so many times unfortunately, but i just dont have my head in a good place at the mo, since losing job in april, its been one thing after another, i soo badly need to get to grips. ok thanks soo much for reminding me what ive gotta do, its the same debt yes as link was chasing, so is this not someone acting on behalf of link? i know they have these inhouse solicitor jobbies...

[unclebulgaria67]

BCW (standard DCA) are just threat monkeys. They issues loads of letters and make loads of phone calls, but nothing more than that. They have nothing to do with Link.

 

BCW will be acting on behalf of whoever owns the debt. The name of the creditor should be on their letter.

[melmumof3]

Have sent a CCA request to BCW, and Link have today sent another copy of their CCA and t and c's. Can someone please take a look at it, its virtually unreadable, but not sure if its right, and where i go from now....

 

http://i646.photobucket.com/albums/uu186/mel28089/linkcca001.jpg

 

http://i646.photobucket.com/albums/uu186/mel28089/linktandc001-1.jpg

 

thanks in advance

[unclebulgaria67]

Can't really read it. If that is all they have, then I would think difficult for them to enforce.

 

When did you last make any payments in respect of this account or send any written acknowledgement of the debt ?

[melmumof3]

yes this is all i have. i can barely read it, cant read the t and c's its the application form isnt it. its been about 2yrs since no payment was made, we was paying the debt when under MBNA, but when CCCS cancelled our dMP mbna just sold debt on without us given a chance to continue paying by another means. its with bucanan clark, who i gather are just links outsoucing company. just need to know how to move forwards

[unclebulgaria67]

I would be tempted to send them a letter saying that you can't read what they have sent to you and that until they send you a copy of the original Consumer Credit Agreement that you can read, the matter is considered in dispute and you will not be taking any further action. Add that any further correspondence in regard to the matter will only be acceptable in writing only. Send recorded delivery.

 

As you haven't paid for 2 years, if you started to make small payments now, you will be committed to paying it until settled. It is possible that small payments may be declined and they will ask for your income and expenditure details which you don't have to provide, to help negotiate a repayment level. If the amount is still low, there is still the possibility of the debt being sold on.

 

if you don't pay be prepared for DCA's to send regular (empty threat) letters and to make phone calls for short periods, then to go quiet for a while and then start up again. In four years time the debt will be statute barred, so even if they found the original agreement, they couldn't take to court. Make sure you keep on top of the post and if you move to have post sent onto you for a period. If they do issue a court claim, then you need to make sure you defend by holding them to strict proof. If you don't defend, you will end up with a CCJ by default.