Link Financial CCA Request

kusunagi

Hi all,
Got some great advice last time I was here, I hope you don't mind but I need some more!

I have been paying link financial £10 a month for 6 months now, I was previously paying them £1 a month. They bought my c card debt from MBNA. They recently sent me the usual letter demanding full payment. They like to see if I can pay more, which I can't. They always put in the letter that I have broke my agreement.

I decided to CCA request them to see this agreement, they have wrote to me explaining they don't have it and they need to contact MBNA for it and it will take 30 days.

So this debt is now un enforceable, should I just cancel my standing order with them until its resolved? Should I write to them that its cancelled?
Also I believe not sending me the agreement in 12 days is a breach? And who should I report them too if it is?

That's it for now until I receive my agreement etc. If I do that is.

Any help much appreciated and thank you for your time.

Kusunagi

sourcrates

The DCA will not have the CCA, its standard practice to obtain it from the original creditor, until they provide you with the paperwork they are unable to obtain a CCJ against you should they wish to start court action, it usually takes around a month to comply with a CCA request, there's no need to write to them at all, just wait and see what they come back to you with.
You can withhold payment until your request is actioned, but don't go cancelling standing orders just yet until they have got back to you.

happy_bunny_2

How old is the account (when taken out).

Was it with MBNA or another company which they bought?

No sign of my MBNA agreement from 2003, originally an Alliance and Leicester card. I have a letter to say they dont have it.

jmhgibson123

i have a loan with mbna from 2001 and i called thd dca to get original agreement which after a couple of weeks they had so dont get your hopes up...although having seen the original agreement i have found i have ppi on it which im going to try and claim back so im sort of grateful...

kusunagi

Thanks for the replies guys. I'll hold off on cancelling the standing order until I hear back from them. Happy_bunny I've had the account since 2002 with MBNA.

sourcrates

kusunagi wrote: »

Thanks for the replies guys. I'll hold off on cancelling the standing order until I hear back from them. Happy_bunny I've had the account since 2002 with MBNA.

In that case a correct response to your request would be a copy of the original agreement, a re-constituted version will not suffice, so it should contain your signature, and all the "prescribed terms" applicable to the account, for example, the credit limit, the interest rate charged, how and when you are to discharge payment.
Every pre- 2007 agreement I have ever seen falls down on the credit limit section.
It is supposed to outline your credit limit, but in many cases it just says "credit limit will be notified to debtor".
This one sentence "could" render your agreement unenforceable. I say could, as only a court can rule on this one way or another, but creditors/DCA`s tend to back off it you can point out issues with paperwork.
Important to check it very carefully when/if it arrives.

kusunagi

sourcrates wrote: »

In that case a correct response to your request would be a copy of the original agreement, a re-constituted version will not suffice, so it should contain your signature, and all the "prescribed terms" applicable to the account, for example, the credit limit, the interest rate charged, how and when you are to discharge payment.
Every pre- 2007 agreement I have ever seen falls down on the credit limit section.
It is supposed to outline your credit limit, but in many cases it just says "credit limit will be notified to debtor".
This one sentence "could" render your agreement unenforceable. I say could, as only a court can rule on this one way or another, but creditors/DCA`s tend to back off it you can point out issues with paperwork.
Important to check it very carefully when/if it arrives.

Thanks for the information, I'll be sure to check it very carefully. I have been using a completely different signature than I would use when I contact Link. Would be interesting to see if that signature appears on any agreement they send me..

kusunagi

With regards to this question, its been over 30 days and no reply from Link. Also I got the dates mixed up, I've had the original account with MBNA since 2011. I was thinking of my mint account when I said 2002 (which I payed in full some years ago) !! Sorry..

Is there a prescribed time for Link to get back to me? I'm still paying them the agreed amount of course.

As always thanks for any replies and sorry for any confusion...

Kusunagi

happy_bunny_2

kusunagi wrote: »

With regards to this question, its been over 30 days and no reply from Link. Also I got the dates mixed up, I've had the original account with MBNA since 2011. I was thinking of my mint account when I said 2002 (which I payed in full some years ago) !! Sorry..

Is there a prescribed time for Link to get back to me? I'm still paying them the agreed amount of course.

As always thanks for any replies and sorry for any confusion...

Kusunagi

That date changes things. Don't need the signed original for recent debts.

They should have responded within 14 days.

They still need to respond to your CCA request, and its unenforceable until they provide it. But all they need to provide to a court is a reconstituted one and on a recent debt they ought to be able to do that.

kusunagi

Thanks for all your replies guys. Much appreciated.

As it stands I had a letter from Link financial stating they didn't have the CCA information I requested. They would get the information from MBNA and it will take 30 days. I received this letter on 12th August. Its now been 53 working days and still haven't heard back from them!!

I guess I should chase them up on this? Since I'm still paying them and have had no evidence of the original agreement with MBNA.

Should I also report them to the financial ombudsman? I would assume this is bad practice from link financial?

Any help as always thanks.

Kusunagi.

chanz4

did you signup online?