A+L Card Debt sold to LINK

[Vampyra]

Sorry just to add:

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/82294-link-cca.html

[winny14]

hi nicole,

good luck with link, i too have had dealings with these arrogant people.

they managed to get my phone number and i've no idea how. i dont give it to anyone, i'm ex diectory and also on the tps register. i also did 141 before i made the mistake of ringing them.

they threatened to take my house on the phone and where very heavy handed as spiritgirl says.

i am still waiting for cca request to arrive from them though they have told me the fee is £5 and not the £1 i sent, i know this is rubbish so just waiting for them to default.

they claim they bought my debt from abbey in january yet my credit report shows the default is registered by abbey and they still owned the debt in march:eek:

they tell lies on the phone so do keep all correspondance in writing and keep copies of everything, any thing you send make sure its recorded delivery so you have proof,

good luck and i'll keep an eye on your progress

[spiritgirl59]

hi nicole,

i am still waiting for cca request to arrive from them though they have told me the fee is £5 and not the £1 i sent, i know this is rubbish so just waiting for them to default.

 

I received a letter from Link stating that it would cost £5 and not £1. I have kept the letter and the returned postal order as evidence that they have not complied with my request. They are now in default. As I mentioned in my own thread about these low lifes, the phone calls have now stopped. They don't have a leg to stand on. Winny and Nicole keep any letter they send to you telling you it costs £5, and the returned cheque/postal order as evidence....and let them tickle off (she says being very polite LOL).

 

Spiritgirl x

[kennyparkroad]

how do you knwo they have passed the debt on if you have heard nothing from LINK?

[winny14]

cheeky buggers kept my postal order:(

more proof that they dont know what they are doing:p

[The Phantom]

how do you knwo they have passed the debt on if you have heard nothing from LINK?

 

Because MBNA told me. I have been on MBNA's back ref their unlawful charges and their CCA default (the debt was/is unenforceable since early this year by MBNA due to their CCA non compliance) so they simply sold it

That's why I have been talking to Trading Standards for ages, I reported MBNA for their breach of the CCA and now they sold it, so I had to inform Trading Standards of this second offence as well

But Link has not contacted me so far. I am just trying to investigate them ,their practices and generally "how they tick" so that I know what to expect when they make contact and to already put an action plan together so it is not so much of a rush when they do contact me

As far as I can gather they are quite quick to take you to court etc

[The Phantom]

I received a letter from Link stating that it would cost £5 and not £1. I have kept the letter and the returned postal order as evidence that they have not complied with my request. They are now in default. As I mentioned in my own thread about these low lifes, the phone calls have now stopped. They don't have a leg to stand on. Winny and Nicole keep any letter they send to you telling you it costs £5, and the returned cheque/postal order as evidence....and let them tickle off (she says being very polite LOL).

 

Spiritgirl x

 

I think by looking at all this I will CCA them when they first contact me

(hopefully NOT by phone ) then expect their "the agreement has been terminated so we don't have to supply this and it costs £5.-" letter in return.

In reply to that I will then probably take the stance and tell them that IMHO it is their obligation under the CCA s189 to provide the information whether they are the original creditor or not for a statutory fee of £1.- and remind them of the ticking deadline or if there is no agreement because it was terminated I expect them to close this matter and then see where we go from there

As these DCAs are all pretty low I am sure it will be a bit of a dirty battle

but so be it.

I just want to make I am ready:cool:

[The Phantom]

Have spoken to TS again today, they phoned me at work after I left a message last Friday

They have now obtained my written authorisation to contact MBNA on my behalf to investigate their breaches / offences in my case (CCA non compliance and subsequent sale of disputed & unenforceable debt)

 

Don't know what the result will be, but just to keep you posted

 

No contact from Link Fincance as yet. I have conducted some research about them in the DCA forum so I can put together an action plan

[Cornucopia]

Brilliant! Good news Nicole! Let me know if you need any help! :)x

[The Phantom]

Will do - not much more has happened really

I am preparing an action plan for when LINK makes contact and that's about it.

MBNA is now in the hands of TS, there is not that much more I can do there

unless I do a court N1 for non compliance against MBNA for their CCA breach, but the court fees are a bit much for me at the moment, so may have to put that idea on ice for the moment

Also still the issue with the £300.- in charges MBNA owes me, but contemplating to keep that up my sleeve as a counterclaim in case of court action against me, not sure yet

[The Phantom]

Due to the annoying nature of this I also decided to put my ugly angry avatar face on the site (like Mr Potato Head in Toy Story when he puts his angry face on...I know I watch too many movies with the kids, but this was apt so I changed my avatar to angry and ugly face)

[lordi234]

MBNA have until 16 may to reply to my DPA , so do they MBNA send my statements ect , im confused what does ts mean??

thanks for your info looks like MBNA are difficult but once you involve ic ect they sit up , think i am going to have to read and learn its getting scary and im worried about all this .i wouldnt mind it was on news tonight a businessman from Norwich as just won £35,988 from Nat West after accusing it of charging unlawfull charges, Nat West said it was settling the case only becouse its legal costs are too high .

so lets take MBNA to court if Nat West can pay out why not MBNA something is wrong .

[The Phantom]

Don't worry too much, the banks all settle out of court as they do not want to be asked by a judge to disclose their true costs during a court case as this could set a precedence and put an end to bank charges for all banks

They all say they won't fight in court for commercial reasons, but everybody knows this is not true, if they had a case then one of them would have faced the claimant in court at some point, but they all bottle out. So what does that tell you ?

MBNA should send you the information by the way. A&L Credit Card told the IC MBNA holds all this information now.

[The Phantom]

Another quick update on this

Have received a letter from A&L signed by Rachel Claridge (assistant vice president...ha ha) dated 18.04. stating they apologise for the delay in replying to my complaint (er...what complaint ?) and will get back to me shortly (yeah..whatever)

I sent their legal department a letter after their 12 + 30 days were up to provide me with the agreement and told them I have reported them to the authorities and will now cease payments

Then I got a letter dated 10.04 to tell me they sold the debt and now I got this.

How odd. Never mind

Just an update

No news from Chester TS or the OFT by the way

[redsue]

told them I have reported them to the authorities

 

I'm about to send that very same letter for an A&L card - who exactly did you report them to Nicole99 - want to make sure I don't miss anyone out.

[The Phantom]

I phoned my local Trading Standards who then said it is a local authority matter and they have passed it to Trading Standards in Chester, haven't heard anything since then mind you, although the woman who deals with MBNA there is apparently looking into it (how deep and with how much enthusiasm is unknown !! )

Also reported it to the Office of Fair Trading and I included my ongoing issues with MBNA in the mass complaint that was sent to the FSA by members of the CAG

Trading Standards told me I could also inform the financial Ombudsman, but I didn't do that (as yet)

[The Phantom]

Single mum Alison Turner is taking one of the country's biggest banks to court for allegedly harassing her about her overdraft.In what is expected to be a ground-breaking case, Ms...

 

In local paper last week

Enjoy

[purejayne]

Wonderful - I shall watch the outcome of this with interest.

[The Phantom]

I think a fair few people will be watching this !

[payingonlyencouragesthem]

I think a fair few people will be watching this !

 

Nicole not so sure about the personality/avatar transplant:grin: - how are you getting along with NatWest?

[The Phantom]

I decided to put on my angry face due to the hassle with MBNA I have had since NW has gone quiet (Have just posted an update on my old NW thread)

They are all after me , so I thought if the MIB are reading my posts they may think my avatar is my passport photo and stop following me around worried about meeting me in court !

[payingonlyencouragesthem]

I decided to put on my angry face due to the hassle with MBNA I have had since NW has gone quiet (Have just posted an update on my old NW thread)

They are all after me , so I thought if the MIB are reading my posts they may think my avatar is my passport photo and stop following me around worried about meeting me in court !

 

Well good luck Nicole but keep us all up to date!!!

[The Phantom]

Will do - NW is quiet at the moment though - nothing to report

and MBNA is on the boil so my efforts and time has been diverted to that issue now

[Fred Bassett]

Phantom,

 

Good luck with your claim. I shall be following this with interest. I too have a debt with MBNA and like you, I have a DMP with the CCCS. I'm not being hassled at the moment, but I've got MBNA in my sights. It's not easy as I've only got limited funds to go after them (and all the others!) and I can only do it a bit at a time.

 

I'm interested in the bit of your thread that refers to the original agreement. If they are unable to produce this, does it mean that they can't enforce the debt?

 

My understanding is that I can send something called a CCA for just £1 to get my creditors to send me a copy of the original agreement.

 

I'm sure this will be worth doing.

 

In my case, MBNA are currently charging 0% interest because of my DMP. Does anyone have any experience of getting charges back from MBNA in a case like this? What worries me is that they might take their revenge by charging me interest again.

 

Cheers.

 

Fred.

[Fred Bassett]

Phantom,

 

Good luck with your claim. I shall be following this with interest. I too have a debt with MBNA and like you, I have a DMP with the CCCS. I'm not being hassled at the moment, but I've got MBNA in my sights. It's not easy as I've only got limited funds to go after them (and all the others!) and I can only do it a bit at a time.

 

I'm interested in the bit of your thread that refers to the original agreement. If they are unable to produce this, does it mean that they can't enforce the debt?

 

My understanding is that I can send something called a CCA for just £1 to get my creditors to send me a copy of the original agreement.

 

I'm sure this will be worth doing.

 

In my case, MBNA are currently charging 0% interest because of my DMP. Does anyone have any experience of getting charges back from MBNA in a case like this? What worries me is that they might take their revenge by charging me interest again.

 

Cheers.

 

Fred.