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

[angry cat]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited.html

 

AC

[spiritgirl59]

Subbing, with thanks x

[phatram]

Subbing

[angry cat]

An excellent post!

http://www.consumeractiongroup.co.uk/forum/show-post/post-1736355.html

 

AC

[manc1976]

Well today is the 6th October, apparently the date that Link were going to Terminate my agreement.

 

I expect a letter will be on its way to me in the next few days.

 

Watch this space as I think I have the earliest DN from Link from those that have been posted so far!!!

[styeffo]

Mine was the 4th.....

[manc1976]

Mine was the 4th.....

 

I will be subbing at your thread to see what I should expect next.

[AndyOrch]

Bumping

[harlequin10]

subbing

[robcag]

Hi manc and styeffo

 

Mine was the 4th.....

 

One of mine was the 4th the other was the 6th .

 

In the absence of any agreements in response to my CCA requests of almost 1 year ago, bring it on Link!

 

Cheers

Rob

[spiritgirl59]

Hiya friends

 

Yes I too am waiting with eager anticipation ...my two are 9th!!

 

CCA requests were 18 months ago

 

Love SG x

[angry cat]

Mine was yesterday, the 7th October 2008

 

AC

[pol76]

Hello Folks

Sent of CCA request and just recived some paperwork back from mbna have not had time to read yet

I love this site and keep passing on to my family and friends but alot are not interested due to having mental blocks about the all powerful banks

Me i do not care i have been following this thread and like the idea of if they do not supply correct details in the CCA then just do nothing and wait collecting evidence

 

all the best

max

[AndyOrch]

Hello Folks

Sent of CCA request and just recived some paperwork back from mbna have not had time to read yet

I love this site and keep passing on to my family and friends but alot are not interested due to having mental blocks about the all powerful banks

Me i do not care i have been following this thread and like the idea of if they do not supply correct details in the CCA then just do nothing and wait collecting evidence

 

all the best

max

 

Hi Pol welcome to Mancs thread.It really is counter productive to chase once you have requested your CCA unless of course you are involved in litigation with the Creditor.I take it you have read my post 87 and I am delighted that people are actually beginning to see my point.

 

I wish you well in your conquests

 

Regards

 

Andy;)

[bartezno1]

Hi Pol welcome to Mancs thread.It really is counter productive to chase once you have requested your CCA unless of course you are involved in litigation with the Creditor.I take it you have read my post 87 and I am delighted that people are actually beginning to see my point.

 

I wish you well in your conquests

 

Regards

 

Andy;)

 

Have heeded your advice Andy, Made no contact with them and am logging all calls / letters etc!

[spiritgirl59]

It really is counter productive to chase once you have requested your CCA unless of course you are involved in litigation with the Creditor.I take it you have read my post 87 and I am delighted that people are actually beginning to see my point.

 

 

I don't mind admitting that it has taken me a very long time to realise the sense in this. I have wasted stamp money replying to all the endless DCA plonkers who keep sending me threat-o-grams, only to then receive more absolute drivel from them....and so its gone on - I write again - they reply with drivel - I respond - more drivel - and still no CCA. Andy's words are very wise indeed. From now on all DCAs can foxtrot oscar. I shall save all their drivel of course, but they won't be hearing further from me after my initial CCA!!

 

Love SG x

[angry cat]

Foxtrot Oscar! that is the under statement.

 

However, I ask you all again to Complain to:

Consumer Direct;

08454 04 05 06!

 

I am hammering away at Lambeth TS, but it is the OFT who provide the Consumer Credit Licence to Link Financial and the OFT should be regulating this debt collector; that is the OFT's Duty.

 

Looks like the OFT are asleep; please WAKE THEM UP!

When you complain to Consumer Direct, they have to log the complaint with the OFT;

the more complaints there are about Link Financial the better and then the stats against Link increase.

 

AC

[styeffo]

So far i've heard nothing, and the royal mail Track & Trace has no record of my mail being received (DCA chasing debt not yours letter).

 

[tyra]

the date on my DN was 9 October

[easymeat]

Hi Pol welcome to Mancs thread.It really is counter productive to chase once you have requested your CCA unless of course you are involved in litigation with the Creditor.I take it you have read my post 87 and I am delighted that people are actually beginning to see my point.

 

I wish you well in your conquests

 

Regards

 

Andy;)

 

Hi Andy, this is my first post here and I have just read your #87 post. I had wondered for some time about what you state there. It seems that a noisy DCA implies they have something to worry about. I recently had a DN from Link, mine was for 4th October although I did contact the National Debt helpline, they advised to write to them and ask for a copy of there complaints procedure first, before contacting Consumer direct to report them for defaulting on a disputed debt.

 

I CCA'd em a year ago, which took nearly 3 months to get a return. When I received this it was actually a copy of a small application form I origionally completed and signed from a fold up leaflet. How can I get someone to verify that this is not a valid CCA, as I am begining to panic a little now, wondering what is happening.

 

Can you get the DN removed if the OC had already defaulted on the debt, my origional was in 2004. ?

 

Regards

 

Easymeat:(

[AndyOrch]

Hi Andy, this is my first post here and I have just read your #87 post. I had wondered for some time about what you state there. It seems that a noisy DCA implies they have something to worry about. I recently had a DN from Link, mine was for 4th October although I did contact the National Debt helpline, they advised to write to them and ask for a copy of there complaints procedure first, before contacting Consumer direct to report them for defaulting on a disputed debt.

 

I CCA'd em a year ago, which took nearly 3 months to get a return. When I received this it was actually a copy of a small application form I origionally completed and signed from a fold up leaflet. How can I get someone to verify that this is not a valid CCA, as I am begining to panic a little now, wondering what is happening.

 

Can you get the DN removed if the OC had already defaulted on the debt, my origional was in 2004. ?

 

Regards

 

Easymeat:(

 

 

Hi Easymeat and welcome to CAG

 

Ok the DN recieved from link dated 4th Oct I would not concern yourself with as they are not worth the paper they are wrote on and totally invalid.

You need to confirm have Link been assigned the debt from your O/C and beit a total assignment.There are mixed reports in this thread and on Cag that link are saying they own the debts and then retrackting saying MBNA are their Clients so its anyones guess.Link cannot issue DN unless they have full assignment of your debt nor issue legal proceedings in their own name.Do you ever recall recieving a NoA (Notice of Assignment) from MBNA to yourself that Link have aquired your debt? I very much doubt so and therefore your original DN from the OC will stand till either you have rectified the breach and will remain on your Credit File for 6 years or in fact the debt is wrote off.

 

I trust the above helps

 

Regards

 

Andy:cool:

[easymeat]

Hi Easymeat and welcome to CAG

 

Ok the DN recieved from link dated 4th Oct I would not concern yourself with as they are not worth the paper they are wrote on and totally invalid.

You need to confirm have Link been assigned the debt from your O/C and beit a total assignment.There are mixed reports in this thread and on Cag that link are saying they own the debts and then retrackting saying MBNA are their Clients so its anyones guess.Link cannot issue DN unless they have full assignment of your debt nor issue legal proceedings in their own name.Do you ever recall recieving a NoA (Notice of Assignment) from MBNA to yourself that Link have aquired your debt? I very much doubt so and therefore your original DN from the OC will stand till either you have rectified the breach and will remain on your Credit File for 6 years or in fact the debt is wrote off.

 

I trust the above helps

 

Regards

 

Andy:cool:

I did have a letter initially in 2004 which said "Your Outstanding Balance due under the above account has been sold to Link Financial" and quotes there address and contact info. So would that constitute ownership or acting for MBNA as a client ?

Would that be a Notice of assignement or not ?

 

Surely if MBNA defaulted once, even if Link now own it can they do it again ?

 

If they can't how can I get it removed, as I am in fact 4 years down the line here ?

 

Andy could you look at the app form they sent as a CCA and give your honest opinion on it if I PM you.

 

Regards

Easymeat

[AndyOrch]

Hi Easymeat it would depend if links assignment is absolute ie they own the debt complete and its rights.If you have defaulted on a agreement and the breach has never been rectified the agreement is in effect terminated.Now if no new agreement as ever been signed with link ( which you would not) then in effect the debt cant be breached again.Thats one of the reasons when a breached or terminated agreement is passed to a DCA they are keen to get you to make some payments towards the account and in their eyes rectify the breach ,which it dosent.neither can they issue a DN for an agreement which as been terminated from the O/C

If you would like to post up a copy via Photobucket we will see what you have.

 

Regards

 

Andy

Edited October 18, 2008 by Andyorch

[easymeat]

Hi Andy

thanks for all the help and that goes to everone here on the CAG. You are all doing a fantastic job at fighting back. Pat on the back for everone contributing here.

Anyway back to the CCA I have posted a copy up on

http://i410.photobucket.com/albums/pp182/easymeat_1/DrillReceipt014.jpg

think I have done it right. Sorry about the quality, but that was how bad it was origionally done. It was signed by me before I removed any personal stuff. One other thing is I have still maintained a 1.00 token payment to MBNA for 4 years, should I stop paying ?

 

Thanks again

Easymeat

[AndyOrch]

Hi Easymeat

 

Without us actually highjacking Mancs thread (Apologies) you really need to start your own thread on this to enable yourself to monitor your situation.With regards to the above a nice application form.Not enforcable and certainally not a CCA.If you wish to stop payments thats a choice only you can make and if your prepared for the battle. I can only advise irrespective of the balance, will the fight be worth the pound a month and the possability of a default on your CRA.The debt cant be enforced on the above application form.Your Call.

 

Regards

 

Andy