MBNA and Link

[PositivePenury]

Thanks for reading! Briefly:

 

- I developed serious chronic incurable illness over last few years and got deep into unsecured debt on various

- I acquired 5 figure balances on 3 MBNA cards

- haven't used the cards for years

- got to stage where couldn't make payments

- cards originally taken out during 1996 - 1998

- LINK taken over 2 of the three cards from MBNA

- CCA requests sent to MBNA (1 card) and Link (2 cards) on 22/05/13

-re 1 card: Link reply 30/5/13 saying IDR FINANCE UK purchased debt from MBNA EUROPE in August 2012 and have requested copy documentation.

- re other 2 cards - no response from link or MBNA

- the claimed amounts do appear on my credit file

 

Questions:

 

1. Will MBNA e documents going back to 1996 -1998?

2. Is there any point in sending a SAR to either MBNA OR LINK?

3. Would it be best to let sleeping dogs lie re charges etc whilst they can't enforce?

4. Should I chase link and MBNA re 2 cards where no response to CCA REQUEST.

5. CCA request was to MBNA EUROPE, but I think that company is now called MBNA BANK. Should I make a new CCA REQUEST using. tthe correct compsny name just to be certain?

 

Many thanks in advance.

[citizenB]

I think the CCA request on all 3 cards should be made to MBNA, I am not sure whether it would make any difference whether it is to MBNA Bank or MBNA Europe.

 

Whilst Link owns 2 of the accounts now, even if you make the request of them, they will still need to request the copies from MBNA.

 

Will MBNA have the documents going back that far.. possibly not. They will almost certainly rely on the fact that they are allowed to rely on reconstructions for complying with s78 requests. But they do need to be truthful copies - Something MBNA has struggled with.

 

Where they might encounter problems is if they were to proceed to litigate against you. They would need to produce the originals for any court action.

 

When did you default on these accounts?

[PositivePenury]

Thanks CitizenB,

 

It looks from the credit file as though they were all defaulted in the autumn of 2012.

 

I hadn't appreciated that they would need actual copies to succeed in litigation against me. I thought they could get away with just the reconstructed copies, if accurate. I guess on this basis they will struggle.

[PositivePenury]

....correction - all defaulted in June 2012 as appears from credit file.

[PositivePenury]

I would add that I feel MBNA Have treated me badly. As I became ill and struggled to manage my affairs, they kept increasing the interest rates on my cards until the rates became extortionate in my view. I wasn't even using the cards.

[citizenB]

You might want to have a read of Harrison v Link. Harrison (the debtor) took action against Link (who had purchased the account from MBNA). Originally, Harrison simply wanted Link to cease the harassment of him and his family whilst his Mother was so dreadfully unwell. Link decided to use the opportunity to bring MBNA into the equation - MBN made several attempts at producing a "truthful" reconstruction and failed miserably, so the Judge awarded in favour of Harrison. Harrison's account was from the same period as yours appears to be.

 

There were other issues, such as incorrectly issued default notice etc - but essentially it was MBNA's failure to provide truthful reconstructions that pretty much won the day. There are other judgments that would also help should Link decide to litigate.. but Harrison is the best one.

 

As a matter of interest, are you a home owner (joint or single)? This appears to be the basis on which creditors/debt purchasers seem to base their decisions to litigate on?

 

I see you have added a bit more information whilst I was typing the above. If you had ceased using your cards, I agree that MBNA were wrong to continue upping the interest. They should have allowed you to repay at one of the earlier, lesser interest rates. So yes, you would have reason to claim they had treated you unfairly.

 

I will flag your thread for input from others who might be able to offer some advice

 

 

Harrison v Link Financial Ltd ALL ER (2011).pdf

[PositivePenury]

Thanks again. Like Mr Harrison I have good records and they didn't send me the proper agreements.

 

I am a homeowner. I have no other assets or investments.

[citizenB]

Thanks, I am sure there will be other questions that will need to be asked.. but I will leave those to those with more knowledge. I have sent out some S.O.S messages on your behalf. Whilst people might not look in today.. they will surely do so over the next day or so.

[dx100uk]

when was your last financial transaction in/out on each card?

 

dx

[PositivePenury]

Hi Dx,

 

Card 1 (now with Link) - last payment to MBNA in January 2012, at least a few years since any outward transaction

Card 2 (now with Link) - last payment to MBNA in Janusry 2011, at least a few years since any outward transaction

Card 3 (still with MBNA) - last payment to MBNA in June 2012, at least a few years since any outward transaction

 

I am horrified to see that thousands of pounds of interest were accruing on each card each year, even without the cards being used. I also see that interest was added after the default date. Is that legitimate?

 

I was, and am seriously ill and at times totally unable to manage my affairs. I had no idea the balances were escalating as I now see they were.

[dx100uk]

yes sadly int can be added after a default.

 

i'd SAR mbna

 

get all the satements

 

and look for PENALTY charges & PPI.

 

3X CCA requests to link should stall them.

 

dx

[PositivePenury]

Thanks. I will go ahead and SAR MBNA.

[PositivePenury]

I've just sent out account in dispute letters for each of the 3 accounts. Will also SAR them.

[DonkeyB]

Agree, gather all the info you can. If a CCA request is outstanding, send a reminder. MBNA agreements from the 90s were appallingly administrated.

 

Re the interest rate increases. You would have had the option to not accept an interest rate increase, and pay of the balance at the existing rate – but you would have needed to make at least the minimum payment to do this. I imagine even if you had done this, the balance would probably have still increased.

 

Were you advised in writing of these rate increases?

[PositivePenury]

No, I wasn't always advised of rate increases. I remember having exasperated calls with MBNA when they upped the rates without telling me (though they of course said they had)

[PositivePenury]

News this morning re one of the 3 cards, the one still with MBNA:.

 

MBNA have replied to my CCA request with a copy agreement dated 1997 and a covering letter showing zero balance. Does that mean they have just assigned the debt to someone else or does it mean they've written it off? The account still shows as being with MBNA on Noddle and experian and I've heard nothing about an assignment. I'm very confused.

[citizenB]

I would say this looks like it has been assigned - it would show as a Zero balance on their books, but would show the balance as a positive balance on the books of whoever now is the owner.

 

Is there a date by the Zero balance ?

[PositivePenury]

No, there is no date by the zero balance.

 

I guess I should just sit and wait now?

[citizenB]

Ok, so you have received a CCA response from MBNA re one card.

 

I am actually quite surprised that they have this - is it an actual photocopy/microfiche with your signature attached or is it a reconstruction ?

 

Current status is that you are still waiting on 2 x CCA requests from Link.

 

and you are still waiting on the SAR from MBNA - they have 40 calendar days to comply with this - which is far too long IMHO.

 

So yes, until you have this information, your hands are pretty tied.

 

To comply with a CCA request, you should receive

 

A copy or truthful reconstruction of the agreement

terms and conditions from both inception and at time of default or current

Statement of account.

 

This information should be provided in one package and not in dribs and drabs.

[PositivePenury]

Thanks citizenB

 

I'll post a copy of the document MBNA sent me with identifiers removed. They have sent me an application form (without the referenced terms and conditions) and a copy of what they say are the latest terms. So, failure to provide:

 

1. Referenced terms and conditions

2. Tcs and cs variations during the life of the card

 

I'm sure they never sent me the tcs and cs referenced in the application form (I have my papers filed).

 

Anyhow, will post the application form when I can get access to a scanner.