New customer of Link Financial, old MBNA card

[BRIGADIER2JCS]

Sorry, its got two links in there but I have uploaded a PDF which is bigger. Its the first part of the reply.

 

Link have now responded to me challenging the T&C. They have just resent the original response to the CCA request which again, does not include the the original T&C's.......

 

Where do I go from here? Go back with a "Account in dispute" until they send the original terms?

 

Hi send the following-

 

To their Data Controller.

 

Ref.XXXXXXXXXXXXXXXXXX

 

Dear Sir or Madam

 

Formal Notice Of Account in Dispute.

 

I refer to your response to my request for a copy of the regulated credit

agreement relating to an account with xxxxxxxxx, you have failed to cpmply

with my lawful request under sections 77/78 of CCA 1974 the documents

provided by you do NOT me the conditions required for a ''reconstituted''

agreement as you are well aware.

 

I will not enter into further correspondence until the correct document is

provided.

 

Please be aware that this letter is NOT acknowledment of any liability to

your company for any alleged debt.

 

Send RD.

[oldagehappens]

Thanks. Will do.

[oldagehappens]

Hi all, it's been a while since i posted and could do with your advice if i may. Old Link Financial debt has come back to life.

 

I did the CCA request 3 years ago, the reconstituted the agreement but never sent the original T&C. I responded to them advising that they had to send them and as such, hold the account in dispute until they do.

 

Nothing in 3 years, no letters, no calls...nothing. All of a sudden a letter appears with 14 days to contact them else it's passed onto solicitors for court papers to be filed.

 

Any advice on what to do?

[oldagehappens]

Anybody?

 

Can i add that this credit card agreement was taken out in 2005.

 

Will this make a difference?

[dx100uk]

scan it up

I doubt it says will anywhere

 

 

dx

[oldagehappens]

Hi Dx,

 

This is what it says.

 

Despite our efforts to collect this sum through communication and negotiation the balance of £XX remain unpaid.

 

We give you 14 days notice that the account will be passed to Messers Kearns Solicitors with further reference to you. If you want to avoid this course of action, contact us urgently. On x,y & z.....

 

There hasn't been any negotiation at all. It's a pre 2007, reconstituted version and clearly says illegible.

 

They never responded to me in 3 years. Should I just call them, offer a payment plan or is it smoke and mirrors.

[ericsbrother]

no you dont call them, doing so will restart the clock as you had previously admitted the debt. The letter doesnt say they are going to do anything, just that it will be passed to someone else. They havent complied with the original CCA request properly so if they do get a solicitor to send out a lba you can tell them this.

[angry cat]

Absolutely agree; do NOT call them!

[oldagehappens]

Evening all.

 

I have today received a letter from Kearns Solicitors. It's demanding the full balance to be paid within 14 days or "We have instructions to issue Court proceedings against you"

 

Clearly i would rather avoid a CCJ being filed against me and ending up with repayments I can't afford.. I see online that Kearns is owned by Link anyway.

 

Starting to get seriously worried now.

[dx100uk]

Willy waving

 

Hold your nerve

 

Dx

[oldagehappens]

Thank you dx.

 

Should i send a letter to the address on this Kerns advising that the account is in dispute, just for safe measure? Remind them of the fact

[dx100uk]

wha'st the golden rule:madgrin:

 

wont matter what you do

if they wanna try a speculative claim

they will

 

as long as they have your currebt / correct address

that's the first dodge they'll try taken away

a purposeful court claim sent to an old address

 

they'll lose too

 

dx

[intend]

as dx recommends - hold your nerve.