Link Financial and MBNA Card debt

[gezwee]

MBNA don't own your debt. Link do. So it is pointless sending letters to MBNA.

 

Hi Vint

 

Not so sure the 'ownership' is finite with any MBNA accounts - Capquest recently invoked their 'putback' option with mine when I reminded them of a dispute notice I'd forgotten had been sent to the OC.

 

MBNA appear as fluffy as Arsemex in their terms of assignment, mine was with Capquest at month 11 prior to being passed back so I'm not entirely convinced that the assignment could at any stage have been regarded absolute.

 

I've taken the line that 'if' a creditor is still processing my data at any stage of proceedings they are lawfully obliged to offer a written response pursuant to the DPA, whether they choose to send that response via a third party is another matter entirely.

 

tbh I'd prefer to face Cquests para's in court than MBNA's but I've got a lot on my plate lately so it suits me for them to argue over it for a few more months just yet.

 

Gez

[HP Mum]

Vint - You are right.

 

But - there is that clause at the end of the UR letter: "...allowing them [Link] the opportunity to invoke any insured put-back option to which you [mbna] may be contractually obliged.".....

 

So isn't it best to write to mbna, letting them know you know your rights: that even if Link takes advantage of any "put-back option" they may contractually have with mbna, that you will not allow mbna to re-instate the original agreement or allow them to set up a new one to pursue your debt to them....???

 

I am interested to know, despite having issued an UR letter and a reminder to mbna and having also told Link that they are not in a legal position to process any info on me and/or enforce my original debt to mbna, if Link or mbna will still try - for the cheek of it - to issue a Court Claim against me ?

Has anyone else sent an UR letter and subsequently been presented with a Northampton Bulk County Court Claim ???

 

Vint - I have seen you have your own thread on mbna. Did you issue an UR letter and still get a Claim ? Or did the dca or mbna issue the Claim first ?

 

I am hoping / praying that mbna and Link give up now.

[gezwee]

 

I am hoping / praying that mbna and Link give up now.

 

Sadly they won't, all that you/many others (including me) are doing is communicating our position should a claim be filed in the future.

 

This thread may be of interest to you......

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/224300-mandm-egg-loan-mandm-28.html

 

Gez

Edited April 24, 2010 by gezwee
added a link

[HP Mum]

Well, I succeeded with Halifax

Maybe I will with Mbna too ;-)

Power of positive thinking

[HP Mum]

GRRRRR.

 

I have just today received another letter from Link. Interestingly it is dated 30/04, but only just received today 22/05. This follows another letter enclosing, for the 2nd time, a bodge job cut & paste tiny photocopy of my application form.

 

A Statement of Account:

Loan Agreement under Account # xxxxx

Our Ref: xxx

Statement Period: 07/09 - 03/10

Date Assigned: /01/09 (confirming they bought it before mbna should have sold it)

Current Balance: £xxx (which was disputed with mbna before the sold the debt illegally to Link)

Notice of Sums in Arrears:

This notice is given in compliance with the Consumer Credit Act 74 because you are in arrears with your payments under this Agreement.

Balance at the date of this notice £xx

Arrears on balance at 03/10: £ xx (same value as balance above)

 

The current arrears represents the outstanding balance as you have failed to maintain payments in accordance with the terms of the original agreement so the full amount has become due.

If you have not already done so, we would encourage you to contact us to discuss the state of your account.

 

 

Ok - So I am furious. But not sure how I respond to their blatant ignorance.

I have written to them multiple times to tell them about unlawful recission by mbna and yet they ignore me and send this letter.

I have also had another phone call, which I ignored, despite telling them not to call me.

 

How should I reply ?

Should I just copy the below letter again and tell them to bog off ??

 

The last letter I sent Link was this:

dated: 22/04/2010

Dear Sir/Madam.

 

Re:− MBNA Account Number xxxx / Link Reference xxx

 

I write regarding recent communication regarding the above account.

 

I acknowledge NO debt to your organisation.

I would like to point out that, despite numerous frustrated requests under S78 of the Consumer Credit Act 1974, both Mbna and Link have failed to comply with my requests, and the Law, to supply me with all the following:

 

1. A true copy of the original Agreement

2. A true copy of the original Default and Termination Notice

3. An up to date statement on this alleged Account, including all charges and interest applied, including dates these debits were applied.

4. A copy of the Notice of Assignment giving your company legal authority over this Account

5. A copy or the recorded delivery track and trace number to comply with, according to the Law of Property Act 1925.

 

Notwithstanding the above, it was revealed, in communication from Mbna to me last year, that Mbna unlawfully rescinded the alleged Agreement. This unlawful rescission was subsequently fully accepted by me in July 2009.

With reference to S.87 of the CCA 1974, your organisation will be fully aware of the implications of MBNA’s unlawful actions.

[Dotty50]

I would send

 

Dear Sir/Madman,

 

May i refer you to my letters dated XYZ sent recorded delivery and signed for (if applicable) on ABC.

 

Please note, the position remains the same and I will not be entering into any more correspondence with you.

 

etc

 

Don't wast too much time, paper, ink, effort !

[HP Mum]

Thank you.

I hope this works !!

[vint1954]

GRRRRR.

 

I have just today received another letter from Link. Interestingly it is dated 30/04, but only just received today 22/05. This follows another letter enclosing, for the 2nd time, a bodge job cut & paste tiny photocopy of my application form.

 

A Statement of Account:

Loan Agreement under Account # xxxxx

Our Ref: xxx

Statement Period: 07/09 - 03/10

Date Assigned: /01/09 (confirming they bought it before mbna should have sold it)

Current Balance: £xxx (which was disputed with mbna before the sold the debt illegally to Link)

Notice of Sums in Arrears:

This notice is given in compliance with the Consumer Credit Act 74 because you are in arrears with your payments under this Agreement.

Balance at the date of this notice £xx

Arrears on balance at 03/10: £ xx (same value as balance above)

 

The current arrears represents the outstanding balance as you have failed to maintain payments in accordance with the terms of the original agreement so the full amount has become due.

If you have not already done so, we would encourage you to contact us to discuss the state of your account.

 

Well for starters, you have no agreement with these people.

 

Ok - So I am furious. But not sure how I respond to their blatant ignorance.

I have written to them multiple times to tell them about unlawful recission by mbna and yet they ignore me and send this letter.

I have also had another phone call, which I ignored, despite telling them not to call me.

 

How should I reply ?

Should I just copy the below letter again and tell them to bog off ??

 

The last letter I sent Link was this:

dated: 22/04/2010

Dear Sir/Madam.

 

Re:− MBNA Account Number xxxx / Link Reference xxx

 

I write regarding recent communication regarding the above account.

 

I acknowledge NO debt to your organisation.

I would like to point out that, despite numerous frustrated requests under S78 of the Consumer Credit Act 1974, both Mbna and Link have failed to comply with my requests, and the Law, to supply me with all the following:

 

1. A true copy of the original Agreement

2. A true copy of the original Default and Termination Notice

3. An up to date statement on this alleged Account, including all charges and interest applied, including dates these debits were applied.

4. A copy of the Notice of Assignment giving your company legal authority over this Account

5. A copy or the recorded delivery track and trace number to comply with, according to the Law of Property Act 1925.

 

Notwithstanding the above, it was revealed, in communication from Mbna to me last year, that Mbna unlawfully rescinded the alleged Agreement. This unlawful rescission was subsequently fully accepted by me in July 2009.

With reference to S.87 of the CCA 1974, your organisation will be fully aware of the implications of MBNA’s unlawful actions.

Vint

[vint1954]

Dear Sirs,

Account no

Your ref

 

I was somewhat bemused to receive your letter dated xxxxxxxxx, received today, xxxxxxxxxxxx. It would appear that your organisation intends to ignore correspondence from myself on this matter.

In your letter dated xxxxxxxxxxxxx, you refer to an agreement between your organisation and myself. I must inform you that no such agreement exists or has ever existed.

You are in possession of my previous communications, however I will briefly explain the situation again to you.

MBNA are aware that this account was in lawful dispute, the details of which are none of your concern. Despite this fact, MBNA chose to issue a non compliant Default Notice, that did not meet the requirements of s87(1). Their subsequent actions resulted in unlawful rescission of the agreement, an act that I have accepted in writing. In short, MBNA did not at that point, possess an agreement with any benefits or rights, to sell to your organisation.

I have written to MBNA on many occasions, pointing out the facts above and detailing the relevant laws that apply. I have no intention of listing them again and again here. It appears that MBNA ignore these letters and intend to ignore the Law, now further confirmed by their latest action of unlawfully selling a rescinded agreement.

I suggest that your organisation, passes this matter back to MBNA to resolve, and try to seek restitution from MBNA for the sum unwittingly paid by yourselves, for this unlawfully rescinded account.

I confirm any further costs you incur in this matter will be of your own and MBNA’s making, due to failure to read my correspondence and take heed of the current legal situation that exists and therefore will be at your own liability.

 

Data Protection Act, section 10.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any third parties and credit reference agencies.

Please confirm that you have complied with my request under section 10 of the Data Protection Act.

 

Yours sincerely

 

[vint1954]

GRRRRR.

 

I have just today received another letter from Link. Interestingly it is dated 30/04, but only just received today 22/05. This follows another letter enclosing, for the 2nd time, a bodge job cut & paste tiny photocopy of my application form.

 

A Statement of Account:

Loan Agreement under Account # xxxxx

Our Ref: xxx

Statement Period: 07/09 - 03/10

Date Assigned: /01/09 (confirming they bought it before mbna should have sold it)

Current Balance: £xxx (which was disputed with mbna before the sold the debt illegally to Link)

Notice of Sums in Arrears:

This notice is given in compliance with the Consumer Credit Act 74 because you are in arrears with your payments under this Agreement.

Balance at the date of this notice £xx

Arrears on balance at 03/10: £ xx (same value as balance above)

 

The current arrears represents the outstanding balance as you have failed to maintain payments in accordance with the terms of the original agreement so the full amount has become due.

If you have not already done so, we would encourage you to contact us to discuss the state of your account.

 

 

Ok - So I am furious. But not sure how I respond to their blatant ignorance.

I have written to them multiple times to tell them about unlawful recission by mbna and yet they ignore me and send this letter.

I have also had another phone call, which I ignored, despite telling them not to call me.

 

How should I reply ?

Should I just copy the below letter again and tell them to bog off ??

 

The last letter I sent Link was this:

dated: 22/04/2010

Dear Sir/Madam.

 

Re:− MBNA Account Number xxxx / Link Reference xxx

 

I write regarding recent communication regarding the above account.

 

I acknowledge NO debt to your organisation.

I would like to point out that, despite numerous frustrated requests under S78 of the Consumer Credit Act 1974, both Mbna and Link have failed to comply with my requests, and the Law, to supply me with all the following:

 

1. A true copy of the original Agreement

2. A true copy of the original Default and Termination Notice

3. An up to date statement on this alleged Account, including all charges and interest applied, including dates these debits were applied.

4. A copy of the Notice of Assignment giving your company legal authority over this Account

5. A copy or the recorded delivery track and trace number to comply with, according to the Law of Property Act 1925.

 

Notwithstanding the above, it was revealed, in communication from Mbna to me last year, that Mbna unlawfully rescinded the alleged Agreement. This unlawful rescission was subsequently fully accepted by me in July 2009.

With reference to S.87 of the CCA 1974, your organisation will be fully aware of the implications of MBNA’s unlawful actions.

I would forget that at this time HPmum,

 

The agreement has been rescinded as far as you are concerned.

[HP Mum]

Oh my gosh, Vint - that is a fantastic letter !!

 

I am going to deal with this now and look forward to specialing it to Link on Monday !!

 

Enjoy the sunshine tomorrow...

[HP Mum]

Oh dear. I have just receive another long letter from Link. I am not sure how to reply now:

 

"FINAL RESPONSE. Having investigated fully the contents of your complaint we see that we have not breached any of the guidelines that govern our organisation and its business practices and as such will not be taking any further action. A copy of out Complaints Review and Conclusion Form has been enclosed for your records.

If you are dissatisfied by our response you can contact the the Credit Services Assoc...blah blah"

 

Link's Complaint Review & Conclusion:

Date received - March 2010.

My point raised - Link failed to respond to my legal request within the statutory time period...

 

Link Response only covers this point. It does not cover the point that they bought the debt from Mbna before they should have done. It also does not cover the fact that they have never sent a true agreement, only a copy of my application.

 

Their response says that "a copy of your agreement was sent to you on 1 march and a statement of account was sent on 7 March. We have therefore complied with our obligation under the cca 74 and do not consider your account to be in dispute.

We draw your attention to the RBS cca test case McGuffick v RBS. The findings of this case were that enforceability does not mean that the rights of the parties under a credit agreement were never acquired or are extinguished. Rights under the agreement continue. blah blah

 

They continue to say that mbna assigned to link in Jan 09 - but omit the crucial point - which was outlined in the above letter Vint composed - that the account was sold to them unlawfully, before it should have been. I sent this letter in May. They have not bothered to address this letter and these letters.

 

Should I now special to them a further copy of Vints wonderful letter, saying that I need a full answer to these points, and that I still acknowledge no debt to their company ????

 

Oh dear. This seems to be going on and on and on....

Advice most welcome for a very weary Hp Mum

[HP Mum]

An update.

Here we are in October; I had heard nothing from Link or MBNA since June this year - 4 months ago.

Then last week I received an extra big "postcard" asking me to call Link.

Then yesterday they started calling me again. Twice yesterday; once so far today.

This is soooooo annoying.

I honestly thought I had got rid of them !! ;-)

So what do I do now ? I have already told them I do not acknowledge any debt to their company (as MBNA sold debt to Link earlier than they should have done). Do I just reiterate this in a simple letter ?

Has anyone else received renewed cards / calls from Link after months of inactivity ????

[HP Mum]

Now Link have rung 3 times today.

The 3rd time I got so angry as I was sleeping that I - for once - did the unthinkable....I answered and just told who-ever it was to stop calling me.

I immediately then received a text from them "This is an important message. Please call Link..."

 

I find this ridiculous. Months of inactivity - they must surely realise they have no legal right to mbna's debt - and suddenly I am being bombarded with contact again.

Has anyone else had renewed aggressive contact attempts from Link ??

It is soooo annoying,

I guess I need to draft another "get lost" letter.

Or does someone else have a better idea ?

Many thanks for listening to my rant...

[HP Mum]

In the last week I have received 16 calls from Link.

I have had no communication with/from them since early June - and all of a sudden their calls have started again.

Is this normal behaviour from Link ??

Do you think I should just re-write the same "get lost" letters I sent 4 months ago ??

Any advice is welcomed...

[Dotty50]

Hi HPmum,

 

I have no experience of Link but at last this will give your thread a bump!

[HP Mum]

Thank you

Had another 2 calls this afternoon from them

[HP Mum]

OK. Now Link are really annoying me.

I just got a letter in the post, dated last week:

"You have been served a notice. You recently received a letter from us regarding your mbna account. That letter was a legal requirement under section 136 of the Law of Property Act 1925. We are disappointed that you have not acted upon our instructions and contacted our office. Please contact us upon receipt of this letter to discuss your outstanding balance. Please contact us on 0844 7368413. Unfortunately if you do not call, we will take further recovery action. This may lead to the balance being increased through court costs and interest charges. We are therefore giving you the option of paying back the assigned balance of £xx to Link Financial Outsourcing."

Firstly they have not sent me any letter - other than this big postcard saying to call a number, with no other details at all.

Secondly, I do not understand how they are still chasing me when I have written saying mbna sold them the debt too early and that I do not acknowledge any debt to their company ???

 

SO - does anyone have any bright ideas on how to deal with this dimwits ?? They are also continuing to call daily.

would be great if somone would pick up on this and help....

[HP Mum]

Just as an extra here.

I am interested in Link's reference to "Section 136 of the Law of Property Act"....

I just googled it:

 

136 Legal assignments of things in action

(1)Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice—

(a)the legal right to such debt or thing in action;

(b)all legal and other remedies for the same; and

©the power to give a good discharge for the same without the concurrence of the assignor:

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice—

(a)that the assignment is disputed by the assignor or any person claiming under him; or

(b)of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the M1Trustee Act, 1925.

(2)This section does not affect the provisions of the M2Policies of Assurance Act, 1867.

[F1(3)The county court has jurisdiction (including power to receive payment of money or securities into court) under the proviso to subsection (1) of this section where the amount or value of the debt or thing in action does not exceed [F2£30,000].]

 

Now, clearly this is a new tack from Link. Although I will sift through here to see if they are using it on others too...

Does anyone else have info on their use of this S.136.

And does their claim under this S.136 have any import ??? I mean - mbna still sold my disputed balance before they should.

I need to reply to this soon.

HELP !!

[HP Mum]

OK - I really do not know what to do now.

 

Link are ignoring all my letters telling them that I do not have any agreement with Link and that mbna sold the debt too early and they have no legal right on the debt.

I have today received a "Letter before Action" from Link saying court proceedings will be issued without further notice.

So, should I re-write and re-special a letter to the head of litigation who has sent this Letter Before Action ??

 

They are blatantly ignoring my correspondence. They never reply - just send out threats.

 

This is their letter, dated 1/12:

Link has attempted to recover the outstanding balance from you but has however not been successful.

County Court Proceedings will now be issued against you without further notice. We shall obtain and enforce a County Court Judgment against you. This ay affect your ability to obtain credit in the future.

You should be aware that where applicable, contractual interest will continue to be charged on the outstanding balance until the debt has been fully repaid although we will not ask you to pay any more than the amount you would have paid if you had continued to pay your account as per the original terms of the Agreement.

You may be liable for the Costs of any action we take and statutory interest will accrue on your account at 8% for the full period. We will impose a max fee of £130, which you will be liable for.

If you wish to prevent this course of action payment must be received in full within the 14 day period. Please contact an officer on 0292 0808698 as a matter of urgency.

signed T Johnson, Litigation Manager

 

This is soooo frustrating.... I keep sending the same letter out and they don't answer.

What should I do ??

[jdes26]

if there threatening court and no agreement mayb its time to send cpr request to find out what docs they actually have?

[HP Mum]

There is divided thought on CAG about that. I tend to be in the camp of wait to see if they issue and then send the CPR 31.?, rather than initiating the legal papers myself.

They do, however, keep threatening me. And of course, it is Christmas and so their threats are worse cos they want to intimidate me and make me panic more.... And I do not know how to respond to this threatening letter - other than to just special out another "what do you think you are playing at, I do not have any agreement with you" letter.... but they do not seem to be working....

Am worried...

[jdes26]

ok

send them the letter saying

i dont aknowledge any debt to do

so if your gona start court proceedings "do so" and if you do i will defend any claim on the "alleged debt" other leave me alone!!!

its as simple as that

 

jdes

[jdes26]

i to have debt with mbna............. £2200 with an unenforceable agreement no dn/no termination i sent the get stuffed letter 2 years ago never heard anything since bar the 6monthly statement showing u still owe the £2200

it seems thi s has been going on since july for you

so send them the "get lost letter im ready for you if you wana go to court"

[HP Mum]

ok - well I thought I would give dear Mr Johnson @ Link a nice Christmas present. I sent him a copy of all my correspondence with the lovely M Stock with a very short and sweet message asking why on earth M Stock has passed on my details to him. Specialed it at the same time as all my xmas cards.

Remains to be seen now how he responds.

I suspect it will just get ignored and I will get another letter threatening legal action....

 

Just out of curiousity, has anyone had Link take court action against them even after Link has been advised they bought a disputed account before they legally could ???