Link Financial not going away

[The Janitor]

Hi Guys.

I've been fending off Link for quite some time.

I did manage to get one CCJ attempt struck out but they still hold 2 more accounts and they are not giving up without a fight.

I had been paying to all 3 accounts until I found this site.

 

They have sent me reconstituted credit agreements for both these accounts & pre contract application forms. Both accounts were from MBNA credit cards.

 

I replied to these efforts by saying that while the reconstituted agreements may have satisfied the CCA request, they were still not enforceable in court.

 

This is their response :

 

We note from our system records that you previously disputed the exact same issue regarding the credit agreements.

We had made our position clear in our letter dated xx/xx/xx.

We confirmed that the documentation sent was regulated by the Consumer Credit Act 1974.

 

We will not enter further dialogue with you regarding the agreements as we had already issued our final response on the matter.

 

It is nonsensical that you would make payments on an account which is now disputed.

 

Please contact our office with your payment proposals to settle the outstanding balances to avoid any recovery action.

 

Interesting that they are saying that I have more or less accepted they have a valid claim as I have already made payments to them.

 

Do they have a point?

 

Could they use that in any court action?

 

Any thoughts on this matter & a possible course of action would be gratefully appreciated.

[dpick]

It would depend on when the accounts were opened, if prior to April 2007 they need a copy of the actual signed agreement containing all the prescribed terms to claim in court. Any agreement opened after that date then as long as they can show you had the money then a court could enforce.

 

dpick

[BRIGADIER2JCS]

Yes you have acknowledged the debt by making paymen.

[dx100uk]

what does your cra file say about these debts?

 

and have you ever SAR'd the OC's ?

 

dx

[dx100uk]

lots of threads on these three accounts going back to 2008

 

you really need a thread for each one however.

 

i notice reading some of the past threads

that you have had discount letters?

 

is this true?

 

list the three debts and there current state please

 

dx

[dx100uk]

and they are from 2001!!

 

dx

[The Janitor]

Yes, all 3 accounts were aquired by Link in 2001.

 

I don't recall if I've received discount offers from Link in the past

but if that's important I can check that out

but if I have said previously that I have then I must have done.

 

I have always grouped the 3 accounts together as that is what Link as always done.

 

I had previously been paying these accounts until I discovered this wonderful site.

That may now work against me I guess?

 

In Oct 2010 they sent me LBA's for all 3 swiftly followed by actual court action with just one of them.

 

With the help of some of the members of this site, the case was set-aside which is what Link eventually applied for after some document swapping.

 

now I am left with the 2 accounts that Link's letter is now referring to.

I've fended them off for a long time as they've always failed to satisfy my CCA request.

 

These accounts are not listed on any credit reference file & I've never SAR'd any of the accounts.

 

They recently restarted their campaign with what looks like reconstituted agreement.

 

I pointed out that they are not enforceable & now it looks like they're stepping up a gear.

 

If you need further details I will need to dig into my files at home.

 

I'm currently at work & don't finish til tomorrow morning.

[dx100uk]

link wont send discounts

 

but other DCA's will

so who has sent discounts

 

split the debts please

call them A.B.C

 

A: account is /was

 

B:old mbna card debt now with link does not show on cra file

 

C:old mbna card debt now with link, does not show on CRA file

 

dx