mbna cc cca

[tobyjug]

Re: mbna cc cca

hi all
just a quick update. I received 2 letters today (both in the same envelope ) one from MBNA saying that my agreement has been terminated and they have sold the outstanding debt. it then goes on to say they have transferred ownership together with the right to collection to LINK FINANCIAL OUTSOURCING LIMITED.
The 2nd letter was from LINK FINANCIAL saying that MBNA have assigned LINK FINANCIAL OUTSOURCING LIMITED the benefit of the debt, AND LINK FINANCIAL OUTSOURCING LIMITED have assigned the benefit of the debt to IDR FINANCE UK 11 LIMITED. So now the balance is owed to IDR FINANCE UK 11 LIMITED.
It then goes on to say they will continue to honour the informal arrangement of £5.00 per month for 6 months and to send payment direct to them not MBNA.

wonder how much it was sold for ??? and then sold again on the same day !
TJ x

[garlok]

Re: mbna cc cca

Its a game they play. As far as I know IDR are currently part of Link. Link has such a bad name and a number of cases have gone against their tactics so they drum up another company to front what they are doing. What you have seemingly are quite normal Notices of Assignment in Absolute.

regards
G

[vint1954]

Re: mbna cc cca

I would send them a sold in dispute letter and an s 78 request under separate covers.

[tobyjug]

Re: mbna cc cca

I would send them a sold in dispute letter and an s 78 request under separate covers.

hi Vint
I was thinking of sending a sold in dispute letter ( not sure if it would be right but I asked for help from mbna regarding a token payment and stopping interest until I could find work but they did not help in fact ignored some of my letters and just added £3k on the account and did not accept the token payment but always acknowledged it on the statement ! I have already had a cca sent from mbna, so do I request another ? and do I pay the £5 to them now. sorry if I sound stupid but I am hoping that I can either find a job and start paying off the debt or do a f&f in the future so I can stop worrying about it.
also I have looked LINK up on the internet and they sound about as caring as mbna

cheers
Tobyjug x

[vint1954]

Re: mbna cc cca

In response to the letters received today, I would send the SWID letter and yes, I would send another s78. Both to Link

[tobyjug]

Re: mbna cc cca

In response to the letters received today, I would send the SWID letter and yes, I would send another s78. Both to Link

thanks Vint will do
cheers
Tobyjug x

[tobyjug]

Re: mbna cc cca

Its a game they play. As far as I know IDR are currently part of Link. Link has such a bad name and a number of cases have gone against their tactics so they drum up another company to front what they are doing. What you have seemingly are quite normal Notices of Assignment in Absolute.

regards
G

Hi Garlok
I have been reading up on LINK and the many names they go by and they don't seem very nice to deal with

tj x

[Enforcer]

Re: mbna cc cca

None of them are! Just play the game.

[garlok]

Re: mbna cc cca

Hi Garlok
I have been reading up on LINK and the many names they go by and they don't seem very nice to deal with

tj x

As Enforcer says you have to keep on playing the game. We have actually been battling Barclays and Barclaycard since 2007. Had they not turned the dogs loose on us when we approached them openly and in good faith concerning our problems, they might, just might, have been paid off by us selling up. However we struggled on painfully until August 2009 and then we turned on them and not a penny has been paid on the Barclaycards, they have no legally substantive documentation and achieved with the help of a solicitor a 10% F & F on the business accounts. Yes, we have put up with hell from them including a telephone log of some 800 calls, 100 in one weekend alone. 16 DCAs and several nasty solicitors practices have been seen off. But with the help at first of a solicitor and subsequently reading up and following the help and support of AAD we have got by.

As regards Link, yes they are trouble but take a look at Harrison v Link in the legal database here at AAD and see what the court in the end thought of them. That as well went against all the normal thinking in that Keith Harrison as the plaintiff brought action against Link.


So there you go TJ you are in good hands.

regards
G

[tobyjug]

Re: mbna cc cca

As Enforcer says you have to keep on playing the game. We have actually been battling Barclays and Barclaycard since 2007. Had they not turned the dogs loose on us when we approached them openly and in good faith concerning our problems, they might, just might, have been paid off by us selling up. However we struggled on painfully until August 2009 and then we turned on them and not a penny has been paid on the Barclaycards, they have no legally substantive documentation and achieved with the help of a solicitor a 10% F & F on the business accounts. Yes, we have put up with hell from them including a telephone log of some 800 calls, 100 in one weekend alone. 16 DCAs and several nasty solicitors practices have been seen off. But with the help at first of a solicitor and subsequently reading up and following the help and support of AAD we have got by.

As regards Link, yes they are trouble but take a look at Harrison v Link in the legal database here at AAD and see what the court in the end thought of them. That as well went against all the normal thinking in that Keith Harrison as the plaintiff brought action against Link.


So there you go TJ you are in good hands.

regards
G

hiya Garlok,
thanks for your email, you have certainly been through it, and come out the other side.
I will have a read up on the legal database now...thank you
and yes I am so glad I have this site for info help and support......
cheers
TJ x

[garlok]

Re: mbna cc cca

Hi TJ,

Just to add a little more comfort to your thoughts, have a look here if you already haven't:-

http://forums.all-about-debt.co.uk/s...339#post341339

AAD now has on board two of the QUALIFIED solicitors I would respect most in this field. One is ATW who is in practice and the other is Josie888. So all the back up is in place if it ever comes to it.

As for going through the mill, yes we have but there are others who have been through worse, I just wish we had AAD and the community when we first started out on this road. The feeling of shame and being alone taking these giants on is one of the worst things, but of course in reality nothing is further from the truth. There are many others in a worse state than us although its not yet over by a long chalk and there is no shame in facing up to your problems and flexing your legal muscles against what has become a reptilian industry.

regards
G

[vint1954]

Re: mbna cc cca

You will be fine TJ. As garlock says, we've all been there

[Enforcer]

Re: mbna cc cca

Some more than others!

[Deepie]

Re: mbna cc cca

Posts removed.

Anything further which doesn't help TJ will also be removed......

Thank you....

[Undercover Elsa]

Re: mbna cc cca

Thanks Deepie

Thanks for your pm TJ. For some reason this thread dropped off my subs list, so I do apologise if I've missed anything as it happened, until yesterday.

I've just had a good read through all the thread. To recap, for clarity...

• This is an enforceable credit card agreement taken out in 05 with a debt around £16,700 which went into arrears in December 12 after TJ's employment ended. Numerous letters to MBNA regarding phone harassment and informing them of loss of job and ZERO income, asking for help.
• They refused to help and wouldn't stop interest/charges and gave their final response on 23rd Feb 13. I did TJ a letter to send in response to this on 7th March but they failed to respond until 20th April stating position unchanged and they'd given their final decision.
• On 15th April TJ received a letter warning of imminent default and termination.
• TJ received a Default Notice on 4th May giving until 20th May to respond. However they continued adding interest and did not actually terminate for 2 months. The termination letter was received on 19th July, by which time it had gone up to £19K with interest.
• Notice of Assignment to Link and thereafter to IDR FINANCE UK 11 LIMITED was received on 3rd September.
• As this is an enforceable debt and home ownership is involved TJ has maintained the £5 token payment (made by partner) throughout to keep the moral high ground if it went to court.

So that’s where we are now. Tricky, as TJ unfortunately missed the 6 month cutoff point for complaining to the FOS from the original complaint.
All I can think of now is to send a new formal complaint via IDR, based on the OC’s procrastination, lack of response, delay in terminating in a cynical attempt to rack up interest even though they knew the circumstances, followed by selling it on knowing there was a dispute. Then escalate it to FOS as soon as a final response is issued.

I think the best we can hope to achieve from the FOS, if anything, is removal of the racked up interest/charges since they were informed of loss of income, together with continuation of token payments until TJ gets back to work and can do an F&F.

I’d be tempted to save a CCA request as a last resort to buy time if they go legal.
What do others think?