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  • John's Debt Diary

    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?



    Last edited by johnbruce; 8 June 2020, 11:12.

  • #2
    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.

    Comment


    • #3
      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.

      Comment


      • #4
        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.

        Comment


        • #5
          Originally posted by johnbruce View Post
          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

          Comment


          • #6

            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.

            Comment


            • #7
              Originally posted by johnbruce View Post
              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

              Comment


              • #8
                Originally posted by Diana Mayhew View Post


                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?

                Comment


                • #9
                  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.
                  Last edited by johnbruce; 28 July 2020, 16:24.

                  Comment


                  • #10
                    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
                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #11
                      Originally posted by johnbruce View Post
                      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

                      Comment


                      • #12
                        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.

                        Comment


                        • #13

                          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.

                          Comment


                          • #14
                            Originally posted by johnbruce View Post
                            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

                            Comment


                            • #15
                              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.

                              Comment

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