MBNA - Link County Court Claim - ** CASE DISMISSED**

[manc1976]

Hi manc

 

Ok full amount being requested to breach the Default Dont forget that what I have posted only comes into effect from 1st October.

more importantly the refence to on or after the 6th Oct this agreement will be terminated.So subject to when you recieved the Default notice hope you retained the envelope and the dates specified not only have hey failed to request the arrears they are also terminating the agreement.Link are well known for this and need to be reeducated in consumer law on how to issue a Default Notice.Once terminated it is no longer.very difficuilt to isuue litigation on a terminated Agreement IMHO:D

 

Regards

 

Andy;)

 

Hi Andy

 

I have kept the envelope but it has no dates on it, it was sent via TNT Post (looks Pre-paid)

 

Agree with the dates, Link Letter is 22 September, so give 2 days for postage + 14 days makes it 8th October not the 6th!!!

 

So are you saying that I should not respond to the DN or send an amended letter to them that I posted before.

[robcag]

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the xx April 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On xx April 2008 a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the xx April 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

 

Hi manc

 

There seems to be a little repetition in the above quoted section which could probably be edited so as to make it shorter and less likely to give the wrong impression to Link that you are having a rant!

 

Sorry about the second (additional) reply to your PM coming after the thread had been updated which was caused by my slow typing and doing other stuff at the same time!

 

Cheers

Rob

[Andyorch]

Why bother there will be no agreement on or after the 6th.Their words so how can you enforce a Terminated agreement? beggers belief disregard the DN and see what the Muppets come up with next.

 

Regards

Andy;)

[wotabunny]

Hi Manc

 

Looks beaut to me.

 

If you send them money my gut instinct is that you should say.

 

"I do not acknowledge any debt to you however as gesture of goodwill I am sending you £1.00 a month for the time being."

 

They then cannot say you acknowledged the debt by paying them £1.00 month.

 

If I am wrong can other people looking at this thread correct me

 

Yours wotabunny

[robcag]

...... see what the Muppets come up with next.

 

I certainly agree with that bit Andy

 

It seems that every so often there is a brain-storming session (they have to pass the brain-cell amongst themselves) down at the zoo and then Link come up with another masterplan.

 

In my case (2 alleged accounts), after not hearing from them for about 10 months following my CCA requests to them last October, about 5 weeks ago I received a rambling letter starting with them saying they could not supply a copy of the agreement at the present time, but the FOS says it is OK to continue posting defaults with the CRA etc. etc. ...................

 

ending with ....... "The fact that you have made payments to the account is proof that the debt exists.............please fill out the enclosed budget form and return it to us".

 

Let me borrow the brain-cell for a second please Link....

 

Thanks. Um, no I don't think I believe you.

 

Cheers

Rob

[Andyorch]

Hi Rob i Trust you are well

 

All huff and puff and smoke screens.These guys like to think they are the Pit Bull of DCAs and apply their own little knowledge of Credit Consumer Law backed by MBNAs American laws.If there is no CCA and if they want to iissue an invalid DN let them get on with it,They are one of the best however at creating you own case for harrassment and defamation counter claim.Let them dig the hole enough said me thinks.

 

Regards

 

Andy:D

Edited October 7, 2008 by Andyorch

[manc1976]

Thanks Andy & Rob

 

Let me see then if I have this correct (as i am nervous about this whole thing)

 

If I do nothing, then the agreement will be terminated on/after 6th october, so therefore is will become un-enforceable and if they do try and take me to court, I can show that the DN was not issued correctly??

[Andyorch]

Exactly why poke the bear any further they are already licking their wounds hence the invalid DN.Easy for me to say you may say but lets say been there done it and know the outcome.Be patient bide your time they will pass it back to MBNA.

 

Regards

 

andy

 

 

Regards

 

andy

[Andyorch]

As an a side Manc I bet the Account /Reference number does not even match with your original MBNA Account correct?

[manc1976]

Thanks again, I feel more relaxed

 

[robcag]

......They are one of the best however at creating you own case for harrassment and defamation counter claim.Let them dig the hole enough said me thinks.

 

 

Hi Andy

 

Which is why (as per my post #66 of this thread) I'm contemplating my options regarding making Link pay for the error of their ways, which I guess anyone else facing similar actions from Link could also do.

 

One thread in particular which caught my eye a few days ago is this one; http://www.consumeractiongroup.co.uk/forum/general-debt-issues/148383-finlander-wants-soak-abbey.html

 

I know there are probably others, but I don't recall them ATM.

 

Cheers

Rob

[Andyorch]

It serves no useful purpose whatsoever to send any letters to OC's/DCA's once a CCA request has been made! In fact, if anything it will have a detrimental effect on your case! I have been making this point till I'm blue in the face and unfortunately some people on here are giving contrary advice, when they know nothing about the litigation process! Nobody can afford to take a narrow view of a situation once pmt problems start, you have to look ahead from a well rounded perspective. Hence why I say start preparing for a Court claim to be issued from day one!

 

Consider the following two scenarios:

 

A CCA request is sent to an OC. They don't comply either with the 12 w/d . Having been told by people on here to pester the life out of the OC/DCA until you get an agreement or confirmation that one no longer exists, you start firing off letters. Within 2 months (for example) and after various letters you've sent, they provide you with an agreement. Lets for arguments sake assume it's enforceable, they then issue a claim and get Judgment, because aside from a few penalty charges totalling £300, you don't have a case against them, The fact that they didn't provide the agreement for 3mnths, is neither here nor there. So it's all over, they win and you end up paying them forever and a day and if you're really lucky they'll put a Charging Order on your

property for good measure!

 

Then there's the second scenario that for some bizarre reason posters dont understand:-

 

The CCA request is sent to the OC and the deadlines come and go and they don't respond, in fact by all appearances the request has been completely ignored, which is great news, it's time to start monitoring everything the OC does! They send all manner of threatening letters and phone calls are being received 6 days a week, on average 8 times a day, all logged of course! You answer the calls, but refuse to go through security and tell them each time they ring to put everything in writing. You don't mention the CCA request on the phone, in fact you don't tell them anything about laws they've broken, you simply carry on making a record of all calls and in particular any abuse you're subjected to. The calls continue for 6mnths and then they stop suddenly. They sell the debt on to one of the lovely DCA's, having still not provided the agreement, but we're not remotely concerned about that! They start bombading you with letters and calls, both of which are much more threatening. You continue doing what you did with the OC. After 5mnths, they issue a Court claim. In your Defence you can confidently state that you requested an agreement 11mnths ago, (which you can prove because you have the g/d slip and it was signed for on ???) which hasn't been furnished. So, the OC has unlawfully sold the alleged debt on whilst being in default of the request and that's for starters..... You have been unlawfully harassed by letter and phone by both the OC/DCA in the absence of an agreement. The DCA has processed your personal info unlawfully under the Data Protection Act 1998, as they had no legal right to do so because the OC had no legal right to sell the debt. There are other offences under the Data Protection Act 98 also, but I haven't got time to list them all! lol You haven't been provided with a DoA, so they haven't proved a right to issue a claim. The NoA wasn't sent to you, so they can't enforce the alleged debt. When they do provide it, (as part of the proceedings) it's incorrect, so therefore unlawful on that basis also. It is a breach of confidence that your personal info has been provided to the DCA, which you can claim damages for. It is also an invasion of your privacy, which is covered by the Human Rights Act (HRA). They eventually get round to providing the agreement and it is enforceable, but it doesn't matter, they can't get round the DoA or NoA, so they're screwed-oh dear! So as well as having a watertight defence, you have a c/c for harassment, breaches under the DPA, HRA and breach of confidence for which you will be seeking substantial damages of

course!

 

If it turns out to be case that the agreement isn't enforceable or no longer exists, then both the OC and DCA are in even bigger trouble, as neither of them have any legal right to process your personal info and you have been harassed for a debt that doesn't even exist! I think that damages claim has just increased even more.....! Oh and not forgetting, there is the small matter of the "agreement" not being produced in 11mnths or at all! Which is going to look worse to a Judge, an agreement not produced in 3mnths or 11mnths? And, by the same token what looks worse, an unenforceable agreement (UA) produced after nearly a year, accompanied by harassment and all the other unlawful acts, or a UA produced after three mnths, at which point a claim is issued, which deprives you of the opportunity of building a case against the OC?

 

So it all comes back to the issue of what to do when a creditor doesn't comply with a CCA request and the answer is simple.... do ABSOLUTELY NOTHING!!!! Ignore the advice of anyone who tells you otherwise, they don't know what they're talking about!

 

 

Sorry its a bit long but hope this explains my approach on how to deal with the process

 

 

Regards

 

Andy

[manc1976]

Excellent post Andy and does make sense

 

I have a thread about Lloyds/1st Credit/AIC/Apex where 1st Credit have still not complied with my CCA request and I did have a formal complaint that was going out today, but it is now going in the bin!!

 

Let them threaten me and pass it from DCA to DCA, it only builds up a case against them

 

I will however be sending a SAR request to MBNA for 2 accounts that are in dispute to see if they have a DoA or NoA and what other bits they have.

[Andyorch]

Thank you Manc

 

 

Yes send S.A.R thats a different matter and serves a different purpose

I wish you well with all your endevours

 

 

Regards

 

Andy:)

[angel_1]

hiya andya

 

so on post87 fab info, ive got a few threads on the go , so as they have not compiled with the copy of the cca, you would suggest then to stop any agreed payments too, as ive been paying for the past few months an agreed amount but now with the cca scenario ive not paid one of my creditors as not had the cca only terms and conditions, so have already sent a letter advising not had the proper cca.

 

So if i am taken to court i am within my rights to stop the payments until i get the valid and true cca? surely this does affect thecredit rating ?

 

so its after the court case the credit report could be repaired then i guess?

 

just thinking long term and out of the box, hope my questions help others too

 

sorry to jump in have a good day all ciao for now and also have subscribed

MAZ

[Andyorch]

hiya andya

 

so on post87 fab info, ive got a few threads on the go , so as they have not compiled with the copy of the cca, you would suggest then to stop any agreed payments too, as ive been paying for the past few months an agreed amount but now with the cca scenario ive not paid one of my creditors as not had the cca only terms and conditions, so have already sent a letter advising not had the proper cca.

 

So if i am taken to court i am within my rights to stop the payments until i get the valid and true cca? Even before Litigation if no valid CCA is furnished surely this does affect thecredit rating ? Yes but its unlawfull and defamotry DPA etc

 

so its after the court case the credit report could be repaired then i guess? Yes if it got that far and can also be repaired before Litigation

 

just thinking long term and out of the box, hope my questions help others too

 

sorry to jump in have a good day all ciao for now and also have subscribed

MAZ

 

 

I wish you well with your objectives

 

Regards

 

Andy:cool:

[Perdita]

subscribing - Im in receipt of the same default notice, will now sit tight as no cca as yet

[angel_1]

Thanks andy

hope your reply always helps others ciao for now maz:D

[styeffo]

Exactly why poke the bear any further they are already licking their wounds hence the invalid DN.Easy for me to say you may say but lets say been there done it and know the outcome.Be patient bide your time they will pass it back to MBNA.

 

Regards

 

andy

 

 

Regards

 

andy

 

 

 

Hi Andy, i have received the same DN as mentioned here, along with the termination threat, this is a business card which they seem to believe i have personal liability for.

 

 

So i've been told that a CCA request wouldn't work, being a business card....which if it is correct surely strengthens my case as it is a business debt?

 

 

So would you advise, not poking the bear or something else?

[Andyorch]

Hi Andy, i have received the same DN as mentioned here, along with the termination threat, this is a business card which they seem to believe i have personal liability for.

 

 

So i've been told that a CCA request wouldn't work, being a business card....which if it is correct surely strengthens my case as it is a business debt? Whos buisness? whos name on the card? who gets the statements?

 

 

So would you advise, not poking the bear or something else?

 

 

Regards Styeffo

 

Andy

[styeffo]

Here you go, Andy ....

 

Credit card debt from Ltd Company account advice. - MoneySavingExpert.com Forums

 

 

Any help greatly received

[Andyorch]

Apologies to Manc, for all the interest his thread as generated ,Styeffo I will take a look tomoroow if ok I have three defences to prepare before tomorrow.

 

 

Regards

 

Andy;)

[styeffo]

Thanks Andy, but i would mention the termination date is this Sat for the DN, so i'll be around from about 4ish tomorrow in case i need to mail anything quickly.

 

Thanks again.

 

Styef

[angel_1]

Apologies to Manc, for all the interest his thread as generated ,Styeffo I will take a look tomoroow if ok I have three defences to prepare before tomorrow.

 

 

Regards

 

Andy;)

 

 

Yes me too for asking on your thread manc - good luck in your journey

 

ciao for now maz8)

[manc1976]

All the interest in this thread is good as it is giving awareness to others in the same situation.

 

Lots and lots of threads now popping up about these DN's that Link have sent out and I am reading them all

 

I have now sent an SAR to MBNA for a few accounts and will be interested to see what comes back.

 

I am still nervous about what will happen after the default date, but I know that I have CAG on my side to help me through.