LINK Financial/MBNA Help please

[dummyneedshelp]

Hi.

Hope this is in the right place,

i wil try to be brief.

 

In 2006 MBNA sold my £14k+ debt to Link financial.

Link defaulted me in 2006.

I made an arrangement to pay £5 a month which has been paid every month since 2006.

The default has now expired and is not on my credit record.

 

In 2009 i made a claim against MBNA through a CMC for unfair charges which was successful.

 

I have not heard from Link since 2009 which is the date on the statement.

I have not heard from MBNA since 2006.

 

I phoned Link yesterday to ask why i have not had a statement since 2009.

They told me MBNA had taken the debt back in 2009.

 

Neither Link or MBNA have ever informed me that the debt had reverted back to MBNA.

 

Link said it was because of an ongoing court case. This is news to me.

Link said the payments i have made since 2009 will be forwarded to MBNA.

I told them to send them back to me, not to MBNA which they agreed to.

 

Link will not answer any questions about this on the phone apart from telling me the debt had reverted to MBNA in 2009.

They told me to write to them for a full explanation.

 

My questions are;

Are Link allowed to collect payments on a debt they dont own as they have been doing since 2009 ?.

 

Since my last correspondence with MBNA was in 2006, is the debt now statute barred, or can they start chasing me again, even though they sold the debt in 2006 ?.

 

Could someone help with the wording of the letter to Link, or direct me to a template.

 

Thanks.

[AndyOrch]

Who refunded the unfair charges and how was it paid...if it was paid and not reduced from the balance?

 

If you have been making payment of £5 since 2006 to date then the debt is not Statute Barred irrespective to who you made payment to.(Assignor or Assignee)

 

Send 2 x DSARS one to MBNA and one to Plink...this should provide evidence of your payments and reflect your financial position...with regards to the payments made to Plink and a refund ...dont hold your breath.

 

Have you ever requested a copy of the agreement from either of them?

 

Regards

 

Andy

[dummyneedshelp]

Hi andy,thanks for your time.

The refund was paid to the CMC by MBNA,

 

the CMC took their fees and sent me the rest. Wasn't much, i ended up with less than £200.

 

Link implied that was the reason the account was returned to MBNA.

No idea if its been deducted from the balance, i havent had any statements or demands from either of them for years.

 

I carried on with the payments to Link because neither of them told me it went back to MBNA.

 

I only contacted them to try to get the payments reduced to a pound a month, as my outgoings, since ATOS declared me fit for work,

are more than my income, before i buy food,toiletries ect.

 

the CMC went through the process with the agreement and apparently found it to be good.

I got a 4 inch stack of paperwork from the CMC, mostly court and solicitors papers, including the agreement.

 

I realise i should have tried to sort this earlier, but i have been ill for about 10 years,

and just couldnt get my head round any of it.

 

I have 2 other card debts as well, which i have got reduced to a pound a month.

And have been having an absolute nightmare with Acenden, overcharging me for years. But thats another story for another time.

 

I really cant afford the £10 SAR fees at the moment, i am in dire straights financially.

 

Link said the refund had been agreed, but i wont hold my breath till it arrives.

K

[AndyOrch]

I would cease payment until it is received.You really should issue the DSARS and quantify all your payments and prepare your case.......one of them may just issue a summons.

 

 

Regards

 

Andy

[dummyneedshelp]

Ok thanks i will get the SARs off as soon as i can find a template and the correct address to send them to.

 

Sorry if this sounds stupid,

but i am quite stressed at the moment and starting to panic at the thought of summons that you mentioned..

 

Even though Link have told me over the phone they dont own the debt,

i have no proof of that in writing as i have not heard from them or MBNA.

 

If i cease the (2006) agreed payments to Link,

wont that just put me in default and give them the excuse to take me to court.

 

I have really been trying to avoid any legal action as i dont think i could cope with it.

 

Some days i can deal with things, but most days i cant.

K

[dx100uk]

can I clarify a few things.

 

link are sending you payments made to them since 2009 back direct to you

so your SB date might be from then?

 

whats this about court and sols papers ..has this been to court?

 

you are safe to stop all payments for sure

 

get your cra file too

 

dx

[dummyneedshelp]

Hi dx.

Yes Link said on the phone they will return payments made since 2009 to me. Sorry what does my SB date mean ?.

 

Huge pile of documents concerning ;

Unfair credit card charge complaint.

Assessment of credit card agrement.

Consumer credit agreement.

Financial mis-selling claim.

Unenforceable credit agreements.

County Court advice and defence papers from Liverpool and Warrington.

Application for judgement by default.

Breach report.

Notice that a defence has been filed. SS77/78 (late but good) compliance by MBNA ending my claim.

Application for costs of the claim on discontinuance.

File attendance notes.

Notice of hearing of application.

Unfair charges won letter and invoice.

Notice of discontinuance.

Letter advising me to stop claim as costs would be incurred by me.

.Loads of agreement letters that i had to sign.

If you need any more in detail info on any of these i can type it in.

 

By the look of it BF earned many thousands out of it,

and i ended up after fees with about £100.

I am now presuming this put the account in dispute, but i have never been told that by anyone.

 

Should mention that i never took out PPI on any cards so have no claim for that.

Whats a cra file and who do i ask for that ?.

 

K

[dx100uk]

ok so that ruddy CMC fleeced you blind!!

 

I think you need to SAR link and MBNA

 

you need ALL the statements from birth to now.

 

cra file details are below

 

dx

[dummyneedshelp]

Sorry again, not very good at this yet.

Forgot to mention that i got a credit report in december 2012 from Equifax and no defaults are on it,

just my current credit agreements and an old virgin one.

I was really pleased when i saw nothing bad on it.

 

Could someone confirm these are the correct address to send the SAR to;

 

MBNA europe bank ltd, po box 1004, chester business park, wrexham rd, chester, ch49ww.

 

Link financial, po box 30095, london, se17wu.

 

I have been searching the site for SAR letters and see many different ones.

Could someone advise the best one please.

Thanks K.

Edited April 25, 2013 by dummyneedshelp
added info

[dx100uk]

Data Controller: LINK FINANCIAL LTD

 

 

Address:

CAMELFORD HOUSE

84-90 ALBERT EMBANKMENT

LONDON

SE1 7TP

 

 

[dummyneedshelp]

Thanks

[dummyneedshelp]

Here is the letter i am thinking of sending for the SAR to both link and mbna. Is it ok or do i need to add/delete anything.

Thanks K.

 

Data Protection Act 1998.Subject Access Request.

 

From;

My address

 

For the attention of;

The Data Controller Link/MBNA

Address

 

25th April 2013

 

Dear Sir/Madam

 

ACCOUNT/REF NUMBER: xxxxxxxxxxxxx

 

Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including notes, screen notes, recordings, internal correspondence and external correspondence.

I enclose a cheque number xxxxxxx for the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.

 

Yours faithfully,

Me

Edited April 25, 2013 by dummyneedshelp
Added info

[dx100uk]

i would include a line that says

this is to include copies of any/all credit agreements i have ever had with your organisation or group of companies

[dummyneedshelp]

Just had a phone call from Link.

 

I stated i would not answer any security questions.

 

So she just asked me to confirm my address, which i did.

 

The girl on the phone said a manager had told her to ring me to inform me they have approved my refund of £200.

 

But i have to write a letter to them saying that i request the £200 refund (sent by cheque)

and that i will not be sending any more payments to them.

 

I informed her i would be sending a SAR tomorrow.

 

I asked why i had to send a letter and she said it was due to money laundering laws.

She said to put the letter in with the SAR.

 

Should i send the letter with the SAR or seperately (or at all) ??.

[dummyneedshelp]

Thanks dx, i have added that line to the letter. I will get them posted tomorrow.

K

[dx100uk]

both together if you wish...

 

why is it only £200

 

is that all you've paid since 2009?

 

dx

[dummyneedshelp]

dx.

Ok thanks i will put in a covering letter.

 

I have been paying £5 a month so 3 years adds up to £180, must be just over 3 years. I suppose all will be revealed with the SAR.

 

My son has just sent me this letter that he thinks i should send with the SAR.

 

Do you think its appropriate ?.

 

I am sending this letter as requested by you on the phone on 25th April 2013.

I am requesting a refund of any payments sent to you since my account reverted to MBNA in 2009.

 

Could you also please give me a full explanation why you have never informed me that you no longer hold my account.

This happened several years ago and you have been accepting my monthly payments since the account apparently left you in 2009.

 

The reason given by you that the payments are not monitored is unacceptable, as it was the same method and amounts paid since 2006.

 

If i had not paid, you would have been all over me within days so you cannot say it is not monitored.

 

Are you trying to tell me that you have no idea who is paying you ?.

That does not sound to me to be appropriate behaviour for a company with a credit consumer licence.

 

Feel free to add the appropriate amount of interest,

i think 8% is the norm, on any payments made to you by me since the acount ended in 2009.

 

Could you also please give me a full explanation why the account was sent back to MBNA and the amounts involved.

Edited April 25, 2013 by dummyneedshelp
info added

[dummyneedshelp]

Update.

Sent SAR to both recorded delivery on 26th april. These were signed for on 29th and 30th.

 

Had a letter from Link today with a small amount of paperwork, and a cheque for £215.

 

The covering letter confirms the £10 for the SAR and saying we enclose a copy of all the information we hold.

 

It also says.

We confirm that a refund in the sum of £215.00 has been enclosed and relates to over payments made on the account.

We confirm the account was recalled by MBNA in october 2009.

We were not given a reason as to why the account was recalled but note from the account history that at the time the account was subject to legal proceedings.

 

I was going through some paperwork the other day, and found a letter from MBNA dated march 2006, saying they had sold the account to Link.

 

I also found several letters from Link saying they had purchased, and owned the account from MBNA dated between 2006-2008.

Also the default.

 

None of these letters were amongst the stuff sent to me today. In fact there are no copies of any letters sent to me from Link. Should there be ?.

 

I phoned Link today asking then if MBNA had recalled or purchased the account from them and they said MBNA had purchased it.

 

They agreed to put this in writing and send it to me.

Not heard anything from MBNA yet.

[dx100uk]

ruddy fleecers.!!

 

i'd wind them up

 

I have pers notes the detail I received letter from you on dates ....////... etc

 

I do not hold copy..

 

can you please explain WHY these are not contained in my sar pack?

 

dx

dx

[dummyneedshelp]

Thanks dx. I will have to dig out everything i can find.

 

Another strange thing i have found is that according to an old equifax file, i was defaulted in 2006 by MBNA.

 

At this moment i cannot find the original default from MBNA,

i know i have it, just dont know where it is. I am presuming it will come from MBNA with the SAR stuff.

 

I also have a default letter here from Link dated 2008.

This was not in with the SAR stuff.

The 40 days are not yet up so should i contact them and demand the rest, or just let it go past the 40 days and complain to the ICO.

 

I have already sent them a SAR asking for all info to do with my account for all periods, so surely its up to them to supply it, not for me to chase them.

 

Do you think i should wait for the letter from them first confirming they have sold back the debt, cos something smells wrong there.

 

They say in the letter it was recalled, then they say they sold it back.

[dx100uk]

me be nice to link

 

i'd push, however there is no harm in reminding them

they have yet to be supplied...

 

dx

[dummyneedshelp]

Ok cheers. I will put a letter in the post to them.

[dummyneedshelp]

Update.

I have recieved a letter from link confirming the account was recalled for repurchase by mbna. The next day i sent this;

 

I submitted a Subject access request on on 26th April 2013 and have subsequently received a very limited amount of information. I am therefore formally stating that the information supplied is inadequate and incomplete.

I now require you to provide ALL data you hold on any system manual or electronic that relates to me and all the accounts held in my name and in what ever format they are held,including hard copies of any correspondence,including the default notice issued in 2008.

I also require an explanation of any generic ''codes'' used by you on any documents provided under this request.

I am giving you the opportunity to comply within the 40 day limit that has not yet expired.

Should you fail again to comply with this lawful request I will make a complaint to the ICO without further reference to you.

 

Can anyone tell me what date the 40 days start from. Is it the date on the letter, or the date they recieved and signed for it ?. Thanks.

[dx100uk]

40 cal days from their receipt

 

dx

[dummyneedshelp]

Thanks dx.

They signed for it on 29th april so that gives them until 8th june.

Mbna signed for it on 30th april so they have until 9th june. Nothing from them yet, thought i would have had confirmation from them they had recieved it by now.