A&L/MBNA debt with Link

[steven4064]

i would. The CCA should go to MBNA in the first instance, though

[steven4064]

You can, but sending it to MBNA should have the same effect (I supose it might not though)

[steven4064]

You should also send MBNA a CCA request, if you haven't already

[steven4064]

Correction - MBNA are pretty bad, full stop

[steven4064]

Why would you want to send a CCA to MBNA when the debt has been sold and they are no longer responsible?

Because, under the CCA, they are still responsible for the credit agreement. They only sold the debt, notteh agreement.

[steven4064]

Tierish

 

I would hassle Link over the CCA request. If it is longer than 12 days the account is formally in dispute and the may not enforce it (s78(6) of the CCA 1974). If it is longer than a month after the 12 days expired, they have committed an offence under the same section of the Act. I would include the relevant bits of this information in the letter. Add that, as you are reclaiming unlawful charges from MBNA, you dispute the amount of the debt as well.

 

Secondly, press ahead recaliming the charges from MBNA.

[steven4064]

What about this:

Account in Dispute

Account Number xxxxxxxxxxxxxx

Dear Sirs

 

On date I sent you a request for a copy of the executed agreement for the above account pursuant to s78(1) of the Consumer Credit Act 1974. You have not replied to this request within the statutory period and therefore, under s78(6) of the Act, you may not enforce any agreement you may suppose to exist between us. That means, you may not

 

1) request payment on the account

2) add any charges or interest to the account

3) communicate any details regarding the account to any third parties. This inludes but is not limited to Credit Reference Agencies.

 

Further, since more than one month has elapsed after the end of the statutory period, you have committed a summary offence under s78(6) of the Act. I will be making this fact known to the OFT and my local Trading Standards Office. Should you commence court proceedings against me, I will also make this fact known to the court and use the fact that you have not provided a copy of an executable agreement as my defence.

 

I trust this makes my position clear. If you do not understand any part of this letter, you should take advice from a qualified solicitor.

[steven4064]

Yes, but wait until you get a reply to this letter. If they take longer than 14 days to reply then go ahead anyway.

[steven4064]

Tierisch

 

Obviously a photocopy of an application form does not constitute a copy of an executed agreement. I have had a quick look through the thread and I am not sure exactly what you want out of all this. Can you tell us what you are hoping to achieve so we can best advise you.

[steven4064]

The problem is that, as you have been paying small amounts, you have effectively agreed that you have the debt (you have acknowledged the debt). If Link were haselling you, this would be a good lever to get them to stop. Otherwise, I am not sure what else you could gain. Are there penalty charges (late payment charges, in particular)? If, so you could recalim them.

[steven4064]

Obviously, we cannot condone the avoidance of a genuine debt. On the other hand we can clobber MBNA as hard as you like for any of their debt collaction practices that do not comply with the OFT guidelines or with the law.