A+L Card Debt sold to LINK

[dpick]

Yes, I know, but what can you do:)

They haven't been chasing the debt since April when they sold it to Link and Link has not been in contact since they entered criminal default, so it has been quiet, but they need to be told, don't they ?

 

You can tell them but from my own experience and from many others here and on other sites if MBNA don't have an enforceable agreement they will ignore you. There are many people who are at a standoff with MBNA. We wont pay MBNA and MBNA wont communicate other than to demand payment by letter and phone, or to hand account on to DCA to get payment regardless of any law or regulation. I have decided that the only way I can sort my own situation out with MBNA is take them to court.

 

all the best dpick:(

[The Phantom]

I think MBNA has washed their hands of this one anyway, they have already sold it (albeit illegally whilst in default) so have only supplied this application / agreement because Trading Standards made them, not because they wanted to in order to chase the debt again.

I just want to play things by the book so will send this off to my friends in the MBNA legal dpt and wait for LINK to stir again, because they own the debt but have stopped contacting me since April or May, they quietly went into criminal default in June and still have to send me anything to show they can collect anything from me

I suppose MBNA will send LINK the same stuff they have sent to me, so I will at some point get this useless paperwork again from LINK with a letter demanding payment.

At that point LINK will get the above letter, as well, and then we will have to see if LINK has the guts to take me to court about it.

[The Phantom]

P.S. unless of course LINK has passed this back to MBNA, in which case everything reverts back and I will be in the same stand-off position like the rest of the MBNA fan club:)

[Perseus]

COMPLAINT Re: CHESTER TRADING STANDARDS

There is now a mass complaint being raised regarding TS - regarding their failure to act and resolve impartially...

Although initially it involves their actions regarding MBNA's compliance -or lack of it - it is in general regarding the overall guidance, information and lack of willing to enforce against creditors.!

[The Phantom]

Anything I can do to join in ?

[Perseus]

Hi phantom,

any correspondence from TS anywhere, but mainly TS Chester is being collated for a complaint en masse.

Anyone you know who has had little/no response or assistance, or have received a fob off from TS - thats what we need.

Any promises of 'getting back to you' and not - and any referrals to another TS office, and are still waiting for a reply - any like that is what we need.

I'm sure ladybird17 will be happy to receive pm's or posts in the thread above.

 

Thank you.

It's time to get TS to find their teeth!

[The Phantom]

Many thanks - already jumped into the other thread

[The Phantom]

Still nothing further from MBNA or LINK

[bitmissing]

Ultimately my experience was very rewarding with them. They dragged their feet and we went through the whole summons process, but caved in eventually. I got everything I asked for quite a bit more as they overpaid me quite bit too much.

 

They definitely struggled with the concept of deadlines - which was odd because they always seemed to get them when they were slapping me with late payment charges.

[dpick]

Hi MBNA stick to industry standard when they set you a deadline you MUST stick to it when you set them a deadline they tend to send you an acknowledgment then nothing. I had to issue court proceeding to get them to comply with SAR. I then informed MBNA that they have an unenforceable agreement err 4 times just acknowledgment nowt else. I have taken them to court re declare agreement unenforceable and refund charges and interest applied for those charges did I get a reply NO. I have now applied for judgment in default against them I got a feeling they wont resopond to that as well.

 

I feel that court action is all MBNA will react to.

 

all the best dpick:D

[The Phantom]

I haven't heard from them or their side kicks LINK for ages

An update on my story is on this thread

http://www.consumeractiongroup.co.uk/forum/mbna/72390-mbna-default-ref-r.html#post625101

 

They have ignored my last letter informing them their "agreement" isn't really one and hence unenforceable

Needless to say I haven't paid them a penny in ages and they have stopped chasing

[redsue]

how's it going phantom?

[The Phantom]

Hi there !!

 

I haven't heard from MBNA or LINK since last year. MBNA sent me this construed paperwork they thought could pass as an agreement. (My old application form and a blank recent credit agreement)

I wrote to them pointing out their obvious shortfalls and haven't heard from them or LINK since.

They can't phone me as they don't have a number (I have changed it various times and am very careful who to give it to these days) and they haven't written anymore either.

So not much to report really...

[redsue]

Did you ever get around to complaining to FSO, ICO etc?

I'm about to start the mammoth task of collating all my paperwork for my complaints to ICO and FSO. No doubt I'll use up a few trees in the process.

best wishes and keep us up to date if you have any progress x

[The Phantom]

Yes, complained to Trading Standards (that's when MBNA put together this super hybrid 'agreement', as they were contacted by TS) and the OFT

When LINK went into criminal default I also complained to TS but never heard anything and to the OFT, again with no response.

And as the two have kept quiet for such a long time I have closed the file as well until something else happens or it becomes statute barred in about 5 years when I will close it for good

I have decided to let them make the next move if they want to pick a fight again, I will be here, but I won't do anything until they do.

So you can call it a cease fire:)

[Safecracka]

Hi Phantom

 

Have just read through all your thread.

 

Just wondering what shows on your files at the CRA's now. Have you managed to get everything deleted??

 

Regards

SC

[The Phantom]

No, it is notoriously difficult to get MBNA to remove a default, even if they don't have a valid agreement in place

I would have to take them to court and to be fair their default does not bother me too much at the moment and eventually it will just fall off anyway.

I will let sleeping dogs lie now until they (MBNA or link) start to bother me again.

[The Phantom]

Hi

got a letter from LINK through the post today

They are starting to ask for money again after about 15 months of silence.

The last contact I had with them was I think in April/May last year (yes, 2007) asking for a copy of the agreement under the CCA which they defaulted on and I never heard from them since.

There latest letter makes no reference to the fact that they are in (criminal ?) default of the CCA since I think June 2007.

 

Any good templates around for a reply I can send them to this ?

[The Phantom]

Have just been given a good one by another user which I will use and send to Link:

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.( this date should be 12+2 WORKING days after you sent the request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[AA99]

Am almost at this stage too, so have just copied and pasted that letter into my MBNA folder, hot and ready to go................

[The Phantom]

Posted letter today.

Will post updates as they occur

[Pandora_nini]

Hello Phantom, funnily enough requested a CCA from Link last year, and haven't heard a thing since around May 2007. I did get a copy of my application form, but not another thing. The letter I got from Link today was a Default Notice. Would you mind if I used your letter, and if not, do you think I could given that they sent me an application form, not an agreement, and have issued a default notice, demanding payment in about 5 days?

 

Thanks

Pandora_nini

[The Phantom]

Hi pandora, we have all got together in a new thread about LINK, as they have bulk-mailed thousands of these default notices so we all want to get together

 

Of course you may use the letter if you wish, but do join us over here

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited-new-post.html

[The Phantom]

PS : another important thread reference LINK / MBNA etc is here

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/77464-pudsters14-mbna-new-post.html

 

Pudsters is further along with a pending court case in November

It is very informative and a must read as well

[CARLSTARS]

Hi all have just joined the forum and today have written my initial letters to Egg, MBNA, Natwest, Barclaycard and Halifax.

 

I will of course keep you posted with what comes back.

 

Looking forward to an interesting little battle.

 

CARLSTARS