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

[easymeat]

Sorry for highjacking your thread Mancs, but I just had to ask someone.

Not sure how to move this but I presume I just start a new thread and show a link to here ?

[Brassed off]

Just start a new thread Easymeat - if you're stuck, read the Dummies Guide here:-

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

That should do the trick

 

Oh and welcome to CAG

[manc1976]

Had a couple of answer machine messages from Link asking to phone them ASAP to resolve an urgent matter.

 

Will wait for a letter I think, lol

[angry cat]

http://www.consumeractiongroup.co.uk/forum/show-post/post-1790184.html

 

AC

[manc1976]

Will get that sent off tomorrow

 

Thanks AC

[manc1976]

Just got the SAR information back from MBNA today and am looking through it as we speak.

 

The application form is the same that I have posted near the start of the thread and looking through the system logs it clearly shows that August 2007 ***SOLD TO LINK FINANCIAL*** and the balance that was sold.

 

There is no mention of a NOA being sent out to us, or any notification of the sale of the debt to Link. There is also no mention of a default being registered at any CRA's

[angry cat]

Ask MBUSA for a true copy of the Deed of Assignment and Deed of Sale, whether it be in paper form or CD Rom. This document will have your name on it and as an individual, you are entitled to this information.

MBUSA, will not want to provide this!

 

AC

[manc1976]

Even though they may not WANT to send me those docs, under the SAR are they legally obliged too??

[AndyOrch]

Hi Manc I trust you are well.

 

Not quite sure what AC means in his post.You are entitled to the NoA if infact MNBA have isssued one and whether Link has also.With regards to the DoA only a Court can order this to be shown as it contains sensitive information which you are not privy to.The fact that litigation has not commenced in your case also I am confused as to why you would need it anyway.

 

Regards

 

Andy;)

[manc1976]

Hi Andy

 

Good to see you again

 

Surely, a NOA should have been sent when Link bought the debt?

 

If they didnt, then what does this mean if Link try and take me to court?

[angry cat]

They will use the third party exemption excuse;

 

MBNA normally offload these, what they call distressed debts, in job lots.

Therefore, it is quite likely that the doc. or CD Rom will contain other names as well as your own!

 

Link Financial will have to, at the end of the day prove that they have been legally assigned the alleged debt, in the form of the Deed of assignment;

the assignor; MBNA is the party that had to serve the NoA to the debtor and not the Assignee; Link Financial.

 

I would push both parties for the documents, it may well be the case that these asset debts are being assigned or novated through;

Asset Link Capital, No1, 2 or 3 and or a third party company, then passed on to Link Financial.

 

AC

[angry cat]

Hi Manc I trust you are well.

 

Not quite sure what AC means in his post.You are entitled to the NoA if infact MNBA have isssued one and whether Link has also.With regards to the DoA only a Court can order this to be shown as it contains sensitive information which you are not privy to.The fact that litigation has not commenced in your case also I am confused as to why you would need it anyway.

 

Regards

 

Andy;)

 

Link Financial, must provide documentary evidence that they have been legally assigned the alledged debt;

Of course it wil contain sensitive information, that it why both parties are reluctant to provide such!

 

AC

[AndyOrch]

What should and shouldnt is anyones guess when this pair are put together.Im sure if they do commence proceedings then they will pull one from somwhere.lets hope its as valid as their DNs then you would have no ploblem defending said actions.

 

Regards

 

Andy

[AndyOrch]

Link Financial, must provide documentary evidence that they have been legally assigned the alledged debt;

Of course it wil contain sensitive information, that it why both parties are reluctant to provide such!

 

AC

 

Of course a NoA which does not contain sensitive information but not a DoA I trust that is what you refer to as the the Bill of sale in your post

 

Andy

[angry cat]

I have actually seen an MBNA DoA!

 

AC

[AndyOrch]

I have actually seen an MBNA DoA!

 

AC

 

Says everything about them then dosent it ie dont know what they are doing and sending sensitive info in error, bet you have never seen any of the major banks or other Credit Card companies DoAs!!

 

Andy

[angry cat]

I would say that MBNA is a major Bank;

they are certainly one of the largest CC providers.

 

Anyhow, as we all know the matter of these purported Link assignments/novations appear to be kept in a somewaht secretive manner.

 

AC

[AndyOrch]

The DoA always has and always will be kept secretive it has no bearing on the creditor or your case it merely states how much they aquired the debt for.As i said only a DJ can force sight of this by way of an order not that it would have any relevence in your case why should it? The NoA is what you request sight of.

 

I trust that clarifies my point

 

Regards

 

Andy

[manc1976]

The NoA is what you request sight of.

 

And are they legally obliged to supply me with this under SAR?

 

And what if they dont have one??

 

Thanks

[AndyOrch]

Hi again Manc

 

They are legally requred to provide all data held on you under your S.A.R request.As you state it refers to the sale of the debt therefore as i stated have they (MBNA) issued one to you and you have not recieved it or have they just not issued anything? Have link sent one to state that they have aquired your debt who knows?This is when you hit them with the prove it letter to establish if they have the authority to collect on the debt along with your CCA request. Either way its irrelevent until they issue proceeding against you that is a matter for your defence if and should you have to defend.

 

 

Andy

[manc1976]

Hi again Manc

 

They are legally requred to provide all data held on you under your S.A.R request.As you state it refers to the sale of the debt therefore as i stated have they (MBNA) issued one to you and you have not recieved it or have they just not issued anything? Have link sent one to state that they have aquired your debt who knows?This is when you hit them with the prove it letter to establish if they have the authority to collect on the debtalong with your CCA request. Either way its irrelevent until they issue proceeding against you that is a matter for your defence if and should you have to defend.

 

 

Andy

 

Thanks Andy

 

I prefer the simple answers, as I get a bit confused with what people talk about sometimes!!!!

[angry cat]

The DoA always has and always will be kept secretive it has no bearing on the creditor or your case it merely states how much they aquired the debt for.As i said only a DJ can force sight of this by way of an order not that it would have any relevence in your case why should it? The NoA is what you request sight of.

 

I trust that clarifies my point

 

Regards

 

Andy

 

 

With the greatest of respect, documentary evidence of the right to pursue a debt must be supplied.

 

Link Financial are playing cat & mouse;

they cannot have their cake and eat it!

 

AC

[angry cat]

Thanks Andy

 

I prefer the simple answers, as I get a bit confused with what people talk about sometimes!!!!

 

Ask Link Financial;

Are You The Creditor?

 

Ask Link Financial for documentary evidence that they have been legally assigned the debt.

 

Ask MBUSA and Link, for a true copy of the NoA, (together with proof of posting) DoA & Deed of Sale

 

It is as simple as that...keep it simple!

 

Love

AC

x

[AndyOrch]

With the greatest of respect, documentary evidence of the right to pursue a debt must be supplied.

 

Link Financial are playing cat & mouse;

they cannot have their cake and eat it!

 

AC

 

Angrycat

 

Its really not on to have this disagreement in the middle of someone elses thread and apologise in adavance to Manc.I have given you the bennefit of my knowledge on this matter and you appear to be unable to grasp my point.For arguments sake lets say they they send you the DoA will you clarify for the rest reading this thread what would you gleen from said document to assist you in your case with the OC?

 

Regards

 

Andy

[manc1976]

Ask Link Financial;

Are You The Creditor?

 

Ask Link Financial for documentary evidence that they have been legally assigned the debt.

 

Ask MBUSA and Link, for a true copy of the NoA, (together with proof of posting) DoA & Deed of Sale

 

It is as simple as that...keep it simple!

 

Love

AC

x

 

Thanks AC

 

I will send a letter to Link and MBNA and ask, there is no harm in that !!