John's Debt Diary

[johnbruce]

Here is my debt diary and looking forward to get some help to become debt free.

Account type : MBNA credit card
Opened Aprox March 2008
Balance £2000
Date of last full payment – Don’t Know
Sold to Link Financial in 2013
Stopped paying £1 token payment to Link : December 2019


December 2019 - CCA request sent to Link which is Still outstanding

February 2020- SAR request sent to MBNA

June 2020 - more that 100 documents were received last week including three pages CCA and lots of statements, system notes and other history


IMPORTANT NOTES:

This account was sold with PPI and credit agreement have a PPI section with a tick box and old statements showing PPI charges as well.

I submitted PPI claim myself in 2014 and my claim was successful and SAR documents only have PPI claim form and nothing else.

I never received any default notice for this account and SAR documents don’t have any default notice enclosed. System notes have one entry about adding default on my credit file.

I never received any debt sold or assignment letter from MBNA or Link and SAR documents and system notes don’t have any info about this. I checked my own documents and don’t know how and what date account ownership swicthed to Link Financial.

I am waiting to hear from Link Financial re CCA request but meantime I want to know does mis-sold PPI and issues with defaults and assignment can make this account unenforceable?

[Timewilltell]

The fact that link haven’t provided the documents for the CCA request makes it unenforceable are present, and given that you say MBNA have sent you the CCA in the SAR would suggest that Link are not allowed permission to it by MBNA? So it may remain unenforceable for the foreseeable.

[johnbruce]

I think Link would get CCA from MBNA as documents always stay with original lender and Link said in CCA acknowledgement letter that they have to request documents from MBNA. It might be slow due to COVID-19 situation. However, CCA requst is in limbo right now and don't know how to proceed. Last month, I received a letter from Link saying please find enclosed documents and statements of CCA request and now account is enforceable but there was only one letter and nothing was enclosed. I can't conclude either it was a mistake or delibirate attempt to bypass my CCA request.

I would wait others input to decide what should I do next.

[Timewilltell]

If they haven’t provided it then it ain’t serviced so it remains unenforceable, I suspect they will continue with their begging letters hoping that you’ll concede and believe they have what they need.
sit tight and file all correspondence you receive, you can come back here at anytime to update and ask any questions.
I have not had personal experience with Link themselves but I suspect they love a good legal threat from what I have read here.
Diana Mayhew will have greater knowledge of their stance.

[Joanna Connolly Solicitors]

received a letter from Link saying please find enclosed documents and statements of CCA request and now account is enforceable but there was only one letter and nothing was enclosed. I can't conclude either it was a mistake or delibirate attempt to bypass my CCA request.

It's hard to say whether the 'empty envelope' was a mistake or a deliberate attempt to feign compliance with your s78 CCA Request. Either way you didn't receive the credit agreement.

I would wait to see what they say in their next letter.

Is there anything in your recent SAR from MBNA to reference a request from Link (to MBNA) for your credit agreement in December 2019? And if so, is there an entry noting MBNA's response to them?

Is it clear who is the precise owner of this debt. You refer to Link but is it Asset Link Capital (No 5 or 7) Ltd or something similar?

Di

[johnbruce]

Is there anything in your recent SAR from MBNA to reference a request from Link (to MBNA) for your credit agreement in December 2019? And if so, is there an entry noting MBNA's response to them?

Is it clear who is the precise owner of this debt. You refer to Link but is it Asset Link Capital (No 5 or 7) Ltd or something similar?

There is NOTHING in SAR's documents in account history about Link request etc and account is sold to Link Financial Outsorcing and managed by this DCA.

[Joanna Connolly Solicitors]

There is NOTHING in SAR's documents in account history about Link request

Is there anything in MBNA's SAR about a Default Notice being issued and served on you before the debt was terminated and assigned to Link?

Di

[johnbruce]

Is there anything in MBNA's SAR about a Default Notice being issued and served on you before the debt was terminated and assigned to Link?

Di

Hi Di, SAR does NOT have any information about default notice issuing and serving. SAR provided account notes from Oct 2013 to June 2020 and from 2008 to 2013 notes are missing. I think I have to write MBNA to provide these as well.

I missed first payment in Mar 2013 and received last statement in August 2013 and account is sold to Link in Oct 2013 and my 2015 credit report is showing Link was reporting this account to CRA with default date 30/08/2013.

Shall I write to MBNA for missing info?

[johnbruce]

Account type : Tesco Credit Card
Current DCA : Intrum
Sold to Intrum: 2019
Opened Aprox May 2007
Balance £2500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Intrum : January 2020

February 2020 - CCA request sent to Intrum which is Still outstanding
February 2020- SAR request sent to Tesco and SAR documents have generic type CCA which does not have my name, tick box , date and address.
May 2020 - Intrum resumed collection activity without serving CCA and now sending letter to contact them to set up a payment plan.

14 July 2020 - 20% partial settelement offer received. I called them back and offered 5% settlement which was refused. I told operator account is UE and he told me that Application form is sent to you in March but I received nothing. He told me that account is enforceable because I applied for credit card and used that money.

27 July 2020 - CCA documents received from Intrum today with reconstitued credit agreement, going to email Niddy for review.

[The Tech Clerk]

well see what they come up with and report back to diary, of course the letters are on a release system if you do not fall for their ploy to make contact, no contact with with them then Statute Barred does not stop

[Joanna Connolly Solicitors]

Account type : Tesco Credit Card
Current DCA : Intrum
Sold to Intrum: 2019
Opened Aprox May 2007
Balance £2500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Intrum : January 2020

February 2020 - CCA request sent to Intrum which is Still outstanding
February 2020- SAR request sent to Tesco and SAR documents have generic type CCA which does not have my name, tick box , date and address.
May 2020 - Intrum resumed collection activity without serving CCA and now sending letter to contact them to set up a payment plan.

Intrum have not complied with your s78 CCA Request sent in February so the debt is now unenforceable until or unless they do comply.

There's nothing you need to do at this moment in time.

Di

[johnbruce]

Account type : Barclays Credit Card
Current DCA : Link Financial
Sold to Link : 2014
Opened Aprox 2005
Balance £1500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Link : December 2019

December 2019 - CCA request sent to Link which is Still outstanding
February 2020- SAR request sent to Barclays which is still outstanding
June 2020 - Link sending me standard letters to contact them to set up a payment plan which I am ignoring right now.

This account was not defaulted before selling to the Link and Barclays were reporting late payments to the CRA then I have to complain to Barclays and then Barclays advised to Link in 2016 to put back date default on my credit file. I have all documents.

[johnbruce]

Account type : Barclays Credit Card
Current DCA : Link Financial
Sold to Link : 2014
Opened Aprox 2007
Balance £1000
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Link : December 2019

December 2019 - CCA request sent to Link which is Still outstanding
February 2020- SAR request sent to Barclays which is still outstanding
June 2020 - Link sending me standard letters to contact them to set up a payment plan which I am ignoring right now.

This account was not defaulted before selling to the Link and Barclays were reporting late payments to the CRA then I have to complain to Barclays and then Barclays advised to Link in 2016 to put back date default on my credit file. I have all documents.

[Joanna Connolly Solicitors]

Account type : Barclays Credit Card
Current DCA : Link Financial
Sold to Link : 2014
Opened Aprox 2005
Balance £1500
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Link : December 2019

December 2019 - CCA request sent to Link which is Still outstanding
February 2020- SAR request sent to Barclays which is still outstanding
Link sending me standard letters to contact them to set up a payment plan which I am ignoring right now.

Link will go on writing to ask for money even though they should know they've not complied with your s78 CCA Request. Ignoring unless the letters have any substance is what forum members usually do.

I also wouldn't worry about chasing Barclays for your SAR since it was probably too early to have sent it. Leaving a request until later in the process allows you to capture any interaction between them and Link.

Di

[johnbruce]

Account type : Coop Bank Loan
Current DCA : Link Financial
Sold to Link : 2013
Opened Aprox 2010
Balance £10000
Date of last full payment – Don’t Know
Stopped paying £1 token payment to Link : December 2019

December 2019 - CCA request sent to Link which is Still outstanding
February 2020- SAR request sent to Barclays which is received including some unreadable system notes and illegible CCA.
June 2020 - Link sending me standard letters to contact them to set up a payment plan which I am ignoring right now.