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

[angry cat]

Very Good manc1976!

as you say there is no harm in that.

 

Keep pursuing Link...

 

Andy, I am not did not enter into a disagreement,

I was simply attempting to assist another member, that is all.

 

My apologies to you manc, if I have caused you any confusion.

 

AC

[manc1976]

Very Good manc1976!

as you say there is no harm in that.

 

Keep pursuing Link...

 

Andy, I am not did not enter into a disagreement,

I was simply attempting to assist another member, that is all.

 

My apologies to you manc, if I have caused you any confusion.

 

AC

 

It is ok, I know that both of you are trying to help and differing views is good, as the main objective is the same.

 

Many Thanks

[iambroke]

Reference post 87 how do i request a CCA what is it and who do i ask first MBNA or LINK??? Sorry but i am a bit green and i paid in full over 6 years ago my outstanding crdit card debt to MBNA. i asked them why it had been sold on after i had heard nothing from them in over 3 years after i had paid up and they said it was their account and they could do what they liked with it!!!!

[wotabunny]

Hi

 

I don't think you have a problem. If it is over six years since the default date of the debt and you have not in the meantime agreed that you owe them money the debt is unenforceble and if they pursue you could complain to the Office of Fair trading. Pursuing this type of debt the Office of Fair trading has ruled UNFAIR and if they persist they could lose the right to trade in financial matters.

 

In any correspondance you should deny the debt or the six years runs from when you last acknowledge the debt.

 

If you are worried send this letter to Link quoting any references they have given you.

 

Dear Sirs

 

With regard to your letter I do not acknowledge this debt.

 

I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I do require you to send me this within 10 days as under the Consumer Credit Act 1974 (sections 77-79), creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

 

It will be necessary for you to supply me with detailed statements from the date of any agreement as to ascertain if any of the charges levied are unlawful.

 

 

 

Yours

 

 

etc

 

 

 

 

Send the £1.00 by postal order and have the postal order made payeable to Link and keep the receipt and a copy of the correspondance.

 

 

 

NEVER talk to them on the phone ask them to put everything in writing. If they phone you up they will ask if its you - if you say yes- they will ask you to confirm date of birth etc - say no put everything in writing.

 

 

See what response in writing you get.

[manc1976]

Just to dig this thread up from a while back.

 

On my experian report it shows as LINK FINANCIAL (MBNA) and shows as being Defaulted On: 30/07/2007.

 

I did SAR MBNA, but no DN was included in the data that was sent. It also shows that Link bought the debt in August 2007.

 

So I don't understand why they sent me another DN when one had already been registered.

[cashins]

So I don't understand why they sent me another DN when one had already been registered.

 

What happens is that the DCA buying the debt, in effect takes over the existing default, (the default date should remain the same)

 

David

[manc1976]

Thanks for clearing that up David

 

I am still going to ask MBNA for a copy of the default notice, as I would be interested to see if it is valid or not.

[matsinlondon]

Thanks for clearing that up David

 

I am still going to ask MBNA for a copy of the default notice, as I would be interested to see if it is valid or not.

 

I think you'll find that MBNA never did issue a Default Notice. They more likely wrote saying that they intended to register a notice of default with the CRAs (without issuing a DN). In doing so they would be relying on the Banking Code issued by the Banking Code Standards Board. This sets out the basis on which subscribers feel it is fair to register a default. However, it doesn't overrule the law and the requirement to issue a DN in the prescribed format set down by CCA.

[matsinlondon]

Thanks for clearing that up David

 

I am still going to ask MBNA for a copy of the default notice, as I would be interested to see if it is valid or not.

 

They may also have slipped up as they would need to issue a default notice in the prescribed format and you would have to have failed to comply before they could demand early repayment...and that's what happened when they assigned the account. So Link may not have been entitled to demand early settlement and MBNA may not have been entitled to asign as they did without properly defaulting you according to CCA.

Edited February 9, 2009 by matsinlondon

[manc1976]

Mmmm, there is hope that they have done this.

 

Will see what they come back with

[manc1976]

Link left a message on the answer machine today.

 

I'm sure that a letter will be on it's way to me soon!!!

[manc1976]

Had a response from MBNA today.

 

I told them that they had not fully complied with my SAR request, and that I required copies of NOA, DN's and any other documents that they have omitted.

 

The letter they sent was brief and to the point.

 

Thank you for your letter dated xx Feb 2009

 

I have provided copies of all the correspondence that is held on file in the various departments of the bank.

 

So after checking again. There is no DN and no NOA given to me.

 

Now this also fits into something that happened today at work and is starting to make sense now.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186010-mysterious-phone-call.html

 

MBNA/Link are running scared.

 

Can someone give me (in simple terms) what all of this now means.

 

Thank you in advance

[matsinlondon]

Had a response from MBNA today.

 

I told them that they had not fully complied with my SAR request, and that I required copies of NOA, DN's and any other documents that they have omitted.

 

The letter they sent was brief and to the point.

 

 

 

So after checking again. There is no DN and no NOA given to me.

 

Now this also fits into something that happened today at work and is starting to make sense now.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/186010-mysterious-phone-call.html

 

MBNA/Link are running scared.

 

Can someone give me (in simple terms) what all of this now means.

 

Thank you in advance

 

If they can't supply a copy of these documents then they probably don't have it which creates a problem for them. As I've explained the registration of the default probably has nothing to do with issuing a default notice - if not they are relying on the Banking Code. Have a look at the Code, particularly Guidance Notes for Subscribers s.13.5-13.8

 

BBA – British Bankers' Association - Banking Codes

 

Have Link terminated the account? Have they written to you to inform you that it will be terminated if you do not take certain actions?

[manc1976]

If they can't supply a copy of these documents then they probably don't have it which creates a problem for them. As I've explained the registration of the default probably has nothing to do with issuing a default notice - if not they are relying on the Banking Code. Have a look at the Code, particularly Guidance Notes for Subscribers s.13.5-13.8

 

BBA – British Bankers' Association - Banking Codes

 

Have Link terminated the account? Have they written to you to inform you that it will be terminated if you do not take certain actions?

 

Hi Mate

 

Will have a look at the Banking Code in a minute.

 

Link did a mass DN to loads of people and you can see mine here: http://www.consumeractiongroup.co.uk/forum/show-post/post-1732710.html

 

I haven't had any further letters from them since, I don't think??

[manc1976]

Banking Code

 

S13.7

 

Whether or not notice was given by the subscriber and consent was obtained from the customer at the time the

account was opened, disclosure of default information can be made. But, in all cases, the customer must be given

further notice of the intention to disclose the information at least 28 days before the disclosure is made, for example,

when a notice of default or formal demand is given. At the same time, customers must be given an explanation about

how default information registered against them may affect their ability to obtain credit in the future. This notice will mean

that customers have 28 days to try to repay or come to some arrangement with the subscriber before default information is passed to the credit reference agencies

 

As you have said in a previous post, they still need to provide a properly executed DN, which no-one has, yet the default is there to be seen and is dated 30/07/2007, so has come from MBNA and then change to LINK FINANCIAL (MBNA) when the bought the debt.

[matsinlondon]

Banking Code

 

 

 

As you have said in a previous post, they still need to provide a properly executed DN, which no-one has, yet the default is there to be seen and is dated 30/07/2007, so has come from MBNA and then change to LINK FINANCIAL (MBNA) when the bought the debt.

 

You need to understand clearly how this works. The CCA specifies what steps a creditor has to take in order to secure a judgement against a debtor where a valid agreement exists. Part of that process is the issuing of a formal DN (as set out in the CCA), service and non compliance by the debtor. After non compliance the creditor can demand full repayment of the debt and terminate. When they do this they will normally register the default with the CRAs.

 

Now that a specific process that the banks/card companies don't always want to go through so they've come up with another way of registering a default with the CRAs. If they subscribe to the Banking Code they've decided that it's fair and reasonable to register a default with the CRAs if they send you a letter notifying you that they intend to do that if you don't meet certain demands within 28 days. This is entirely different from the issuing of a DN and the letter won't necessarily even be titled with any warning. If you don't read it precisely you could easily miss the consequence. They are using the registration of a default with the CRAs as leverage. However, they still have to issue a DN thereafter if they want to enforce the debt. Bottom line - they see a DN and a Notice of Default as quite different things.

 

It has been MBNAs practice to issue a Notice of Default - just a letter saying they may register a default - and then assign the account. That's meant that in order to enforce Link have had to issue the DN thereafter, and that DN has to be technically correct, which apparently they haven't.

 

This raises 2 issues - were MBNA entitled to assign the account where Link then made demand for full repayment without issuing a DN as prescribed by the CCA and if Link have terminated the agreement without complying with the Default then it could be unenforceable.

 

Others may have a view on this.

[manc1976]

I have read your comments twice now and fully understand what you mean.

 

How do I know that LINK have terminated the account.

I have not had any letters that actually stats this!

 

Thanks for your help

[matsinlondon]

I have read your comments twice now and fully understand what you mean.

 

How do I know that LINK have terminated the account.

I have not had any letters that actually stats this!

 

Thanks for your help

 

It would normally be incorporated in a DN itself but watch the wording as they will have been careful. It may say the agreement will be terminated or it may say 'may' be terminated. If the latter they could have an angle to then determine exactly when it's terminated.

[manc1976]

The DN that Link sent me say they WILL terminate the agreement.

[manc1976]

A letter from LINK today

 

[angel_1]

oh dear manc

 

only answer to that is,,,find me my executed agreement that is legal and binding and then i will talk to you otherwise, see ya in court aligator,,

 

keep positive laters angel x

[phatram]

Don't worry Manc, they are straw clutching again!

[Jeff2000]

A letter from LINK today

 

 

 

 

 

I received the exact letter, word for word, nearly two years ago!!!

 

 

I'm still here!

[manc1976]

Thanks Guys

[A+]

Just wanted to say GREAT thread, subbed, and also that spot 87 is a CRACKER of a post. Seems so damn obvious now, but until i read that, i was busying around CHASING these fools to provide me with the lawful stuff under CCA request?! What a plonker i have been!! From now on, its a CCA request, then silence until such time as i see a VALID enforceable agreement.

The only question i would have is, if they send me something which THEY believe is enforceable and valid, but which i am not sure about or which Caggers say is no good. For example, a recent one from MBNA (Link) below, which i haven't a clue about as to its validity at all. Any tips welcome, but great thread and GREAT IDEA, let them hang themselves!!!