link sold £10k MBNA CC Debt - letter received - help!

[dustybum]

im looking for some advice.

 

mbna have sold my debt to link financial outsourcing (had the letter)

 

i have also received a phone call to say they want full payment (its £10,000.00)

 

they were asking me allsorts of questions regarding income total debts who i owe what i pay nothing about household bills and stuff just towards debts.

 

i said i didnt know off hand and could he call back,

well he'll be phoning tomorrow,

 

reading some of the threads

 

i can see that i can say i dont want to speak to them but can i have everything in writing,

but i see that my next port of call is to ask them for a copy of a CCA or something

 

could somebody tell me what exactly this is and how i can put it together is it a longwinded thing thing or a simple request?

 

thanks nigel

[Asbestross]

Hi Dustybum,

 

Firstly the process which you've read previously is going down the route of unenforceability. When did you first take out this card with MBNA?

 

What I would say is that it is very likely that a good proportion of this debt is made of up unfair charges and interest. Send the following letter (amended of course with the relevant details) to Link Financial, recorded delivery with a postal order for £1 included.

 

Dear Sirs,

 

Account No:

 

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77/78 of the Consumer Credit Act 1974.

 

I require you to provide me with a true copy of the credit agreement relating to any account you deem to be mine and a full statement of account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a personal cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

 

Take note also, that all correspondence in relation to this alleged account will be done in writing.

 

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed timescales quoted.

 

 

Yours faithfully

 

 

Sign digitally

When you've received documents in response, you'll then need to go through the CCA (if there is one) with a fine toothcomb as well as the statements.

 

Hope this helps, and good luck

[dx100uk]

hi DB

 

firstly

 

never ever talk on the phone about your debts

 

2nd NEVER EVER to a DCA!!

 

they have NO legal powers to do anything to you.

 

havev you checked your CRA file recently?

 

if not do so now

 

lets get the true status of the debt.

 

dx

[dustybum]

thanks for that,

 

i took the card out in 2002 and obviously everything was going great until the last couple of years.

 

i have been paying mbna what i could when i could and they did say that if i continued to pay this way then by july 2012 i would default so it was always going to happen.

 

i then recieved a letter saying that the debt had been sold to link.

 

the very 1st thing this guy from link said was that i wouldnt be offered a payment plan and i would have to settle in full,

 

i explained that if i had a spare 10k kicking about then didnt he think that i would have paid mbna.

 

this is when he started asking about how much i owed other people and my financial position.

 

why wouldnt they accept a payment plan if thats all i can do?

 

he was talking remortgages to raise the money so i just told him i didnt have the figures and to call back.

 

is it scare tactics to se what i can offer them?

 

should i offer anything?

 

things were getting that bad i was even considering an iva but i really dont want to go down that route.

 

cheers nigel

[dx100uk]

urm..

 

something smells here already

 

there's no-way MBNA would sinply sell a £10k debt to link

without there being a VERY good reason.

 

as AB said above.......

 

ever got hit with £12 [or more] PENALTY charges for being late/under/missed payments?

 

not got PPI on the card have you?

 

as this card goes back to 2002, it could very well be if the above is true

that +50% of the debt is unlawful stuff.

 

that'll be why they sold it

 

unless its because they know they dont have any enforceable credit agreement?

 

how were you informed it had been sold?

 

i'd get your cra file [see below noddle is free]

 

as for link....DON'T EVER again talk on the phone again

 

they will tell you any/everything to spoof you into paying.

 

you need to get your ducks inline here.

 

have you got ALL the statements?

 

if not i'd get an SAR off to MBNA pretty quick too

 

as well as the CCA to link.

 

dx

[robcag]

 

he was talking remortgages to raise the money so i just told him i didnt have the figures and to call back.

 

is it scare tactics to se what i can offer them?

 

should i offer anything?

 

 

Typical stuff that they say on the telephone but wouldn't dare to put in writing. I'm not sure whether that's unlawful, but if not I'm pretty sure it goes against OFT guidelines on debt collection to try to encourage further borrowing.

 

Exactly the same thing happened to me 5 years ago with 2 similar MBNA credit cards, that's around the time I found CAG. At the time I had been talking to them on the phone, but I CCA'd them and the telephone calls stopped immediately. No agreement was ever produced and now all I get are roughly annual statements with no pressure to pay anything.

 

Which reminds me, I didn't press them to refund the 2 x £1 fees paid for the CCAs which I didn't receive. Probably not worth wasting postage on but maybe I'll contact them by fax (witholding my own number of course so they'll have to write back!) and have little fun ...

 

Another year or so and they're statute barred.

 

So do as DX suggests and CCA them!

 

Rob

[dustybum]

thanks for the info, yes there are quite a few missed-late payments some for £12.00 and if i remember there were probably a few more for £24.00 before they changed it a few years ago. ill get the SAR of to mbna and the CCA of to link and see what happens after that then. thanks all will keep you posted.

[dustybum]

i have now checked my credit reeport and it says the default has been satisfied and that the debt has been sold on, no mention anywhere on my report of who its been sold to or anything else relating to the debt. im still none the wiser!!!

[BRIGADIER2JCS]

You will shortly receive a Notice of Assignment from the debt purhaser, the creditor or both.