Link Financial (MBNA Card)

MattyLloyd

Hi All,

I had a letter from Link Financial about someone trying to get credit in my name, I checked on here and read through a few threads and filed it in the bin as suggested.

Today I had a call from them, I had a CC with MBNA which defaulted in August 2007 (now statute barred and off my credit file as I checked my archive) Link have quoted that I made payments to them from November 2007 through to March 2009 and I owe them £1,393, which is the amount shown on my statute barred balance.

I have told Link that I do not acknowledge the debt.

They suggest the payments I allegedly made were for £10 each month, BUT they can't prove where they came from but were by Standing Order from M. Lloyd, they do not have any other information (i.e. sending account number, etc..) However, I don't know anything about these payments.

As the conversation I had with them didn't go well as I refused to acknowledge the debt and they said I have as I was speaking with them about it, so I reiterated I didn't acknowledge the debt. Link suggested anyone could have made that payment, i.e. family, friends, etc.. was suggested by Link! My concern is that they will put something 'new' on my credit file, can they do this??

My file is all green for the first time in six years (just had a CCJ drop off) and I don't want something like this that I believe is statute barred.

Any help/advice appreciated.

Thanks,

Matty

fermi

If it's dropped off your credit file then they are NOT allowed to put anything back on there.

If they try then you complain, and take them to the ICO and FOS if they don't remove it.

MattyLloyd

fermi wrote: »

If it's dropped off your credit file then they are NOT allowed to put anything back on there.

If they try then you complain, and take them to the ICO and FOS if they don't remove it.

Thanks Fermi, so all they can do is call me and send me letters?

All I'll be doing if that is the case is stand firm on my point that I don't know anything about any payments and I do not acknowledge the debt?

From my perspective and Link's they can only pursue this till March next year anyway as my 'alleged' last payment was 9th March 2009.

Thanks,

Matty

happy_bunny_2

they may try court action before march.

Although, if you haven't paid or acknowledged it as you say then it already is.

You would need to defend it on that basis and let them prove you made the payments.

Are you still with the same bank as the time the alleged payments were made?

MattyLloyd

happy_bunny wrote: »

they may try court action before march.

Although, if you haven't paid or acknowledged it as you say then it already is.

You would need to defend it on that basis and let them prove you made the payments.

Are you still with the same bank as the time the alleged payments were made?

What sort of court action? Could it result in me getting a CCJ?

No, I moved banks from Halifax (account settled and closed June 2008) and I was banking with Lloyds from April 2007 and I've never paid anything to Link from my Lloyds account. Also, I would safely assume that payments wouldn't be made from my closed Halifax account, but Link state payments were made to March 2009.

Still have no idea where these came from that Link say I made.

Thanks,

Matty

happy_bunny_2

Yes, court action means potential CCJ. Pecan be defended as they will send papers first.

DCAs are known for making up payments.

They would need to prove in court that you made them.

I would just write and state its statute barred, you never made the payments and then ignore them unless they start court action, at which point you deal with the court.

Of course,if they know they are bluffing, they may do nothing.

Thrugelmir

happy_bunny wrote: »

They would need to prove in court that you made them.

Who else would have made them?

happy_bunny_2

All I understand is that if you claim its statute barred they have to prove it's not.

Otherwise, every DCA would make up a payment or two and debts would never be statute barred. DCAs are not trustworthy are they?

Never been in that situation, but I read DCAs make up payments frequently.