Blindly been Paying link on MBNA debt for years - CCA return faulty T&C's

[aliensonline]

I’ve just been reading this recent post on an MBNA CCA which got me looking at mine so I was hoping to get some advice.

 

Summary:

defaulted MBNA CC in about 2008,

account passed on to Link Financial in 2009.

 

 

Paid via a DMP until July 2013,

since then paying Link directly,

but it’s not on my credit file any more.

 

 

Did a CCA request and got back the attached

which I thought looked legit so carried on paying them.

 

A couple of observations:

The Credit Card Agreement on p7 has my present address (which I’ve blanked out),

not the address when I took the card out

and has £12 default charges on p8

so can’t be the original one from 1999.

 

 

Does that have some implications?

 

Unlike B733's mine has conditions 1 and 2 but on page 4 the Ts&Cs say

“Please refer to your Credit Agreement for conditions 8 and 9”

but if the agreement is not the original one how will conditions 8 and 9 be the same?

 

Would someone kindly cast an eye over what they’ve sent and offer advice?

It's long and I do appreciate anyone taking a look.

 

I haven't done an SAR yet but that would be my next step.

 

Many Thanks

Edited February 19, 2015 by aliensonline

[dx100uk]

link are cash cowing you blind

as they always do.

 

 

those are not the correct T&C's for the time of application.

 

 

all link do is open a filing cabinet

select a T&C

and type your name in.

 

 

opps they used the wrong address foor the time

 

 

opps they got the WRONG T&C's as it states £12 penalty charge.

 

 

opps that means they fabricated them..

 

 

opps is that legal...

 

 

oopps they've been found out

 

 

dx

[Stigman]

If you have got all of the statements then reclaim all of the charges including any PPI if it was ever added.

 

If you do not have all of the statements, send MBNA an SAR request, this does cost £10 by enclosing a postal order, the SAR template letter is in the Library section on the top tool bar.

 

Stigman

[aliensonline]

Many Thanks dx and Stigman.

 

I have statements but only from 2005 to default in 2008. No PPI but late fees of £25 in 2005.

 

Will write to Link telling them where to go and SAR MBNA then do some reading on reclaiming - does it matter if they are more than 6 years ago?

 

Thanks again.

[dx100uk]

pers I'd not be telling link anything.

 

 

no need to enter into letter tennis.

 

 

which wing of this is yours...

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-Kensington

 

 

 

 

..................

 

 

as for the charges

 

 

I'd get everything you can

 

 

then knock up the spreadsheet [we'll show you]

 

 

then p'haps keep that till/if things get sticky.

 

 

I hope you've stopped payments?

dx

[aliensonline]

Only was paying them after 3 ignored calls from them each month, so won't be doing that this month.

 

I'll get SAR off on Monday

 

Thanks again

[angry cat]

link are cash cowing you blind

as they always do.

 

 

those are not the correct T&C's for the time of application.

 

 

all link do is open a filing cabinet

select a T&C

and type your name in.

 

 

opps they used the wrong address foor the time

 

 

opps they got the WRONG T&C's as it states £12 penalty charge.

 

 

opps that means they fabricated them..

 

 

opps is that legal...

 

 

oopps they've been found out

 

 

dx

 

Link, have been doing same for years; pathetic!

 

But of course, with the non empowered their strategy often works.

Very important that people affected fight back with CCA and FULL SAR Requests. Making sure that they mark their requests CCA or SAR request only and send via recorded delivery, keeping copies.

[aliensonline]

Hi

I’ve got the SAR request back and have now had a chance to start looking at it – there must be getting on for 100 pages altogether!

 

The main sections seem to be

Screen shots

Application details

Customer information Comms Log

Transaction Details

Archived Comment Records

Copies of correspondence

 

The transaction details start in late 1999 and run up to ‘Charge off adjustment’ in April 2008.

Could you help me with a couple of questions please:

 

I can see late charges, the first one for £15 in Feb 2000, but I can’t see any reference to PPI, is there anything else I should be looking for?

 

Is it worth claiming from 2000 and should I adjust the claim date because I haven’t been charged interest since they sold it off?

 

I’ve got the simpler spreadsheet from consumerwiki to help with the interest calculation

 

Many Thanks

[dx100uk]

im not sure the concumerwiki one is correct now

its been the a long time

 

 

sheets are here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

 

there are 2 schools of thought...

 

 

1.

 

 

you can run the CISHEET till the day they stop interest.

 

 

[input each charge on its own line, put their avg APR in cell d 15]

 

 

then enter the total from that sheet as one sum

using the date the day after their int stopped in the statint sheet

 

 

2

use the CISHEET and leave the claim to date alone