MBNA/link - Judgement awarded against me - can't pay!

[underdog13]

Best of luck with it, 1 small voice.

[joan_of_arc]

Hello again everyone, long time no speak

 

After LINK fleeced me for several grand of charges and illegal interest which I didn't dispute in time for the court (the latter being my fault) I've been paying them regular amounts every month as already agreed by the court.

 

Suddenly I've received a letter saying "Thank you for the payments you have been making on your account which has reduced the outstanding balance. Your account is now due for a review and as such we require the following information to be updated.

 

TOTAL HOUSEHOLD INCOME INCLUDING ANY BENEFITS RECEIVED ACCOMPANIED WITH YOUR CURRENT EXPENDITURE

CURRENT DETAILS OF ALL OTHER CREDITOR BALANCES AND PAYMENTS MADE TOWARDS THEM

YOUR DAYTIME CONTACT NUMBER"

 

And on the reverse is an APPLICATION FOR REDUCED PAYMENT PLAN form.

 

I rang them up, concealing my phone number and they told me they wanted me to increase payments, I told them I couldn't afford to. They told me I had to fill in the form anyway.

 

It just doesn't feel right that they should be demanding all this PERSONAL information from me (including my phone number so they can harrass me, yeah right I'm going to fall for that one again - NOT) when the court has agreed a payment and I've been sticking to it.

 

At the bottom of their letter it concludes: "If you do not complete the review we reserve the right to request the immediate payment of the outstanding balance" which to me sounds like a complete load of horse dung.

 

Am I right?

 

Can I ignore this letter?

 

Where do I stand?

 

Any help gratefully received.

 

FYI, unbeknown to PLINK I plan to make all my CCJ creditors offers next year when an insurance policy matures, them included.

[PGH7447]

tell them that the payments set by the court still stand and you will not be increasing the payments, nor will you be sending any financial details to them

[BRIGADIER2JCS]

They cannot vary the payment if it's ordered by a court, they would have to apply to the court to get the order varied.

That's all you need to tell them.

[dx100uk]

are these charges within 6yrs?

 

was it LINK that took you to court and got the CCJ?

 

dx

[dx100uk]

old thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?272860-MBNA-link-Judgement-awarded-against-me-can-t-pay!&p=3792165#post3792165

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?264910-Link-MBNA-Court-Claim

 

dx

[joan_of_arc]

are these charges within 6yrs?

 

was it LINK that took you to court and got the CCJ?

 

dx

 

 

Yes. Thanks for the advice. I will do as everyone says and write back to them as suggested. I thought it felt fishy, them demanding all these personal details...it shouldn't be allowed for a company to demand things as though it's the law.

[BRIGADIER2JCS]

Write to them as follows:

 

The Compliance Manager

Link Financial

 

Ref: as on their letter.

 

Dear sir,

I write in reply to your letter dated xx xx xxxx in which you request person finanacial data from me, having give due consideration to this request I must decline to provide any such information.

 

I must however thankyou for prompting me to check my finances as doing so has revealed that I cannot increase payments to you now or in the near future.

 

 

Final respnse.

[joan_of_arc]

Write to them as follows:

 

The Compliance Manager

Link Financial

 

Ref: as on their letter.

 

Dear sir,

I write in reply to your letter dated xx xx xxxx in which you request person finanacial data from me, having give due consideration to this request I must decline to provide any such information.

 

I must however thankyou for prompting me to check my finances as doing so has revealed that I cannot increase payments to you now or in the near future.

 

 

Final respnse.

 

Excellent Brigadier! That is the perfect wording and very amusing. You have brought joy to my rain-soaked day Sir.

[ScarletPimpernel]

Write to them as follows:

 

The Compliance Manager

Link Financial

 

Ref: as on their letter.

 

Dear sir,

I write in reply to your letter dated xx xx xxxx in which you request person finanacial data from me, having give due consideration to this request I must decline to provide any such information.

 

I must however thankyou for prompting me to check my finances as doing so has revealed that I cannot increase payments to you now or in the near future.

 

 

Final respnse.

 

The payments in this case were set by the court, so OP should continue to pay them. I'd suggest writing this:

Dear Curs I refer to your letter dated xxxxx.The payments I am currently making are in accordance with the order of the Court. It is not for you either to vary such an order, or to demand personal information to which you are not entitled. It is my view that your letter constitutes a clear breach of the Office of Fair Trading Guidance, by applying psychological pressure and communicating in an unclear or misleading matter. I require you to treat this letter as a formal complaint about your non-compliant and unacceptable behaviour, and to let me have your response as soon as possible, detailing your proposals to remedy the situation. Please ensure you mark your final response as such, so that I can escalate the complaint should your response be unsatisfactory. I will in any case be informing the Consumer Credit Licencing Fitness Team at the OFT of your serious non-compliance.For the avoidance of any doubt, I will continue to comply with the order of the Court; there will be no increase in payments and no further personal information will be supplied.I trust this makes my position clear; if you do not understand any part of this letter you should seek professional advice. Yours etc.

I will correct the spacing later, on a different computer...

[AndyOrch]

But of course there is nothing to stop the Claimant applying for redetermination....providing it has merit.Polite response required Joan.

 

Regards

 

Andy

[joan_of_arc]

But of course there is nothing to stop the Claimant applying for redetermination....providing it has merit.Polite response required Joan.

 

Regards

 

Andy

 

*waves hello at Andy* Hello Andy long time no speak That's an interesting point, about the possibility they could apply for redetermination, I hadn't thought of that. I thought Scarlet Pimpernel's idea was brilliant though. Would that likely annoy them? Tricky one, it's a minefield. In the end I sent a very short letter stating simply that I would continue to pay the amount ordered by the court and would not be furnishing them with personal information. Yours sincerely etc.

[AndyOrch]

Hello Joan I trust you are well.

 

As said nothing to stop them if its worth the application fee...the problem is deciphering if the request is intent or just a fishing exercise thrown out by the threat o printer

 

Regards

 

Andy