mbna sold debt to link. any advice please?

[hirsty07]

hi, i hope somebody out ther can advise me. Ive got 26k of debt owed to 6 creditors, i'm using the cccs to help me out and have been doing so for the last 6 months. 5 of the creditors accepted my payments, only MBNA (surprise surprise, from what ive read on this site) have not. i now owe them around 5,700 afer the last 6 months of interest the kindly refused to freeze (American bank and all that jazz).

 

MBNA called (yet again) from saying that this time they were selling my debt on to a third party on monday night. The person?? from MBNA on the end of the phone told me that the third party agents would be coming to my house for my valuables??, they'd put a attachment of earnings on my wage,a charge on my house etc, all the works. they told me that much i dont know now what to believe?.

 

I currently have a joint mortgage (with my wife of 1 month). all the debt is in my name. i would really appriciate it if any good citizen out there could give me advice of what i could expect or who MBNA usually sell the the debt onto??

sorry its long winded.

[Goldlady]

How old is your MBNA debt? Is it a credit card or a loan and when did you take it out?

[hirsty07]

hi, its a credit card debt ive had it a good few years. hope that helps not sure on the actual date. sorry.

[Goldlady]

MBNA sold my debt to Lowells. However I had a recent success after learning on this site about sending a CCA letter - this is basically a letter asking them to provide a copy of the original consumer credit agreement and if they can't (which is why I wanted to know how old it was) they can't enforce the debt. In my case they couldn't find it and have written to say I won't be hearing from them again . You need to read this

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

 

I hope the letter is in that discussion but if not I will try and find it for you.

 

Regards

 

Goldlady

[dpick]

hi, its a credit card debt ive had it a good few years. hope that helps not sure on the actual date. sorry.

 

Hi send a CCA request make sure that the letter includes the term "a true copy of the original credit agreement" MBNA are very poor at retaining paperwork so may not have agreement. Next send S.A.R - (Subject Access Request) request for all data held relating to your credit card account (the all data is very important)

 

The fees for CCA and |SAR are £1 and £10 I advise sending postal orders and send a copy of driving licence or utility bill as extra ID. MBNA sod about requiring more ID as a delaying tactic and this will stop that.

 

Oh I nearly forgot on letter put at top of letter in block capitals and underlined "THIS ACCOUNT IS IN DISPUTE" supposed to stop them pursuing you for payment.

 

Depending on what you receive for CCA and SAR will dictate your next steps.

 

all the best dpick:)

[hirsty07]

hi, sorry pdick. thanks for taking the time to reply,

please bare with me .

 

mbna said theyve sold my debt on and its nothing to do with them anymore so are you saying i CCA the third party when i find out who they are ? or do still CCA mbna.

 

When ive sent the CCA, SAR out should it make any difference to my DMP with the CCCS ? ( i've asked them about CCA's before, and they didnt know what i was talking about ? ).

 

Its just that i've still got another 5 creditors who've all given me no problems and accepted what i have offered. i dont want to rock the boat with, not yet anyway.

sorry to be a pain but just want to learn more for future reference.

 

thanks again.

[Goldlady]

I don't think it will have any bearing on your other arrangements. If you wait to hear from the DCA (which I am sure will be soon:D) then send them the CCA letter - it is then up to them to get the CCA from MBNA. I have similar situation and have only CCA'd the ones who refused to accept my reduced payments after I went through the CAB.

 

TTFN

[hirsty07]

MANY THANKS goldlady,

obviously i'm getting a bit stressed , as don't know what to expect after the kind person at MBNA said i could have somebody knocking at the door after my posessions when the DCA take over the debt, which has obviously got me and my wife stressed out.

 

i suppose we'll have to sit tight , if MBNA didnt accept the offer of payment, i can't see the dca accepting it ? thanks again.

 

.

[Goldlady]

You have to know as well that DCAs pay as little as 5% of the value of the debt when they purchase it. And they definitely do not send people round to the house - please do not worry about that. I have had cards through the door saying 'we called' - which was worrying until I was handed one by the postman - people who have taken issue over this have been told that 'call' means to ring up.

 

Many of us on here are in similar situations and you will get lots of help and in a short time you will look back at this and laugh about it. Believe me.

[rory32]

obviously i'm getting a bit stressed , as don't know what to expect after the kind person at MBNA said i could have somebody knocking at the door after my posessions when the DCA take over the debt, which has obviously got me and my wife stressed out.

 

DCA's have no legal powers, this means they have no right to come to your door, they have no right of entry to your premises and they certainly have no right to sell any of your posessions.

 

I would advise that you do some reading on the Debt Collection forum. I think that will help to calm you down and hopefully get a good nights sleep.

 

A DCA can not do anything to you without a court order. Even if they obtained a court order, the court order would only be for you to pay back the debt at a level that you can afford. Without a copy of the agreement the debt is unenforceable, even in a court of law. This means that they would not be able to obtain a court order.

[hirsty07]

Hi,

i'm after help with a cca request to send to those nice people link financial. i was just hoping somebody out there could tell me where to sort a template letter out. thanks.

:?

[Having_A_Knightmare]

Dear Sir/Madam

 

Re:− Clients Reference xxxxxx

With reference to the above agreement, we would be grateful if you would send me a copy of the credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

[rory32]

Send recorded delivery with a £1 crossed postal order. Do not sign the letter.

[hirsty07]

hi,

 

i am currently on a DMP with the CCCS. 1 of my creditors was with those charming people at MBNA who sold it on to LINK FINANCIAL (after putting around a £1000 on while i was on the DMP in late payment fees,overdraft limit fees & interest,can't speak highly enough of MBNA.)

After numerous phone calls from LINK sayin what they were going to do etc. I sought out help from this website to CCA them. i sent the letter at the end of AUGUST and recieved a reply at the end of SEPTEMBER which is worded as follows::

 

YOU HAVE RECENTLY MADE A REQUEST UNDER SECTION 77/78 for copies of various documents.

 

As you are aware LINK FINANCIAL purchased your debt from MBNA and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from MBNA and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by LINK for the provision of any statements by the Vendor we will pass these charges on to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further detais as requested above.

---------------------------------------------------------------------

hi, back again sorry its very long winded but i wanted to type the exact letter. Its now the 11th November and i still havent heard anything??

I never contacted their office as i think/thought the ball is in thier court now. i hope somebody can give me some much needed advice of what to now. thanks.

[pt2537]

Hi

 

They cannot pass any costs on to you FULL STOP

 

a statutory request under s77,78 or 79 consumer credit act requires that they produce the info requested under the statutory one pound fee

 

so don't worry, sit back and relax and watch em squirm,especially if they cant find the agreement

 

Regards

paul

[pt2537]

oh and after the 12 working days plus the 30 calendar days pass and no agreement get on the phone to your local trading standards and make a complaint

 

heres the website to find your local TS Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

enter your post code in the search box and it will give you the details

 

Regards

paul

[itsamomentintime]

nice of Link to pursue you for a debt that they have no paperwork for i.e. confirmation that you are the actual debtor!!

[Curlyben]

oh and after the 12 working days plus the 30 calendar days pass and no agreement get on the phone to your local trading standards and make a complaint

 

heres the website to find your local TS Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

enter your post code in the search box and it will give you the details

 

Regards

paul

True but hold fire on the report to TS until they start demanding payment AFTER this 12+month deadline as they are chasing an unsubstantiated debt.

 

Filing a report dead on the limit doesn't look good to TS.

[Having_A_Knightmare]

the most recent terms and conditions

 

You want the original T&C.

 

HAK

[hirsty07]

hi,

I hope someone can give me some much needed advice.

 

Link Financial took over my debt from MBNA in August 2007.

 

I got the welcome calls from them saying i was going to lose my house etc etc if i didnt pay the full amount off.

 

I asked for help off this website and i was given the advice to CCA them.

I sent the CCA letter off to them on the 18th September 2007, they sent a letter back saying they would be back in touch with the CCA in so many days.

 

Its August 2009 now and they have just sent me a balance out with the amounts ive paid through the cccs taken out, but still no sign of the CCA ?

 

I started a new thread around Xmas time 2007 asking members on here asking what to do next, they gave me the advice just to sit and wait, which i have done. But for how long ?

 

The thing is i am currently going through the CCCS and have kept paying Link through my agreement with the CCCS (because i have 4 more creditors to pay, all of whom havent been much of a problem). I havent told the CCCS i requested a CCA from Link as i didnt want to put my agreements with my other creditors in danger.

 

Could someone please advise me what to do next.

SORRY , its long winded but don't know what to do now.

 

many thanks.

jason

Edited August 26, 2009 by hirsty07

[ODC]

Get CCCS to contact Link. If Link are unable to produce a valid CCA then they cannot prove the alleged debt. The money you are paying Link now can be then redistributed amongst your other creditors

[Mmmmmmm]

bump

[hirsty07]

hi,

 

I hope someone can give me some much needed advice.

 

Link Financial took over my debt from MBNA in August 2007.

 

I got the welcome calls from them saying i was going to lose my house etc etc if i didnt pay the full amount off.

 

I asked for help off this website and i was given the advice to CCA them.

I sent the CCA letter off to them on the 18th September 2007, they sent a letter back saying they would be back in touch with the CCA in so many days.

 

Its August 2009 now and they have just sent me a balance out to me with the amounts ive paid through the cccs taken out, but still no sign of the CCA ?

 

I started a new thread around Xmas time 2007 asking members on here asking what to do next, they gave me the advice just to sit and wait, which i have done. But for how long ?

 

The thing is i am currently going through the CCCS and have kept paying Link through my agreement with the CCCS (because i have 4 more creditors to pay, all of whom havent been much of a problem). I havent told the CCCS i requested a CCA from Link as i didnt want to put my agreements with my other creditors in danger.

 

Could someone please advise me what to do next.

 

SORRY , its long winded but don't know what path to take now.

 

Many thanks.

[Bazooka Boo]

I am very surprised that you have continued to pay Link even after they have failed to supply you with a CCA.

 

IMHO they will not supply you with the CCA because you are paying them!

All the time they receive money off you they will continue to ignore your CCA request.

 

I would stop paying them immediately.

[oneofakind]

It's up to you, Hirsty.

You are not obliged to pay them as long as they are in default of your CCA request. However, if they're not on your back, you may just wish to keep things as they are, and get your liability down.

 

CCCS may take a dim view of you cancelling your payment to Link; I'm sure I've read elsewhere here about that happening.

 

How much are you paying Link?