Fraudulent CCA Received FROM Link Financial

[JasonD]

Hi everyone

I have received CCA from Link Financial, and have noticed its different from the CCA I requested from MBNA. The MBNA CCA is 7 pages and the CCA from Link is 8 pages, also the lender name has changed from MBNA Europe Bank Limited to MBNA Limited.

MBNA changed their name to MBNA EUROPE BANK LIMITED on 22/11/12, and my agreement dated 20/10/2008. Also their is no signature on the agreement, just a Please tick this box [X} as it was done via internet and also their is no account number on any documents.

The letter that follows is:

Customer name: X

Reference number: x

Current Balance: £8735

Date 05/11/2014

The account has been terminated. The "current balance" is the total outstanding balance that is due and payable immediately.

Payment can be......

In the event that a claim is raised to enforce the Agreement additional sums will become due. The "current balance" does not therefore allow for interest that may be claimed under s69 County Courts Act 1984, nor does it allow for legal costs that may be claimed.

What are you thoughts on this, and what should I do next?

Thanks

J

[Amethyst]

Re: Fraudulent CCA Received FROM Link Financial

Sounds like they are trying to get away with a reconstruct without checking they have the right one. Impossible to tell without seeing copies of the agreements they have sent you, would you be able to upload the front page of each.

Also, have you compared all the terms ( the 7 and 8 pages one) and do they match ? (ie is it a bigger typeface used or wider spacing etc or actually different terms )

[JasonD]

Re: Fraudulent CCA Received FROM Link Financial

Attached are the pages you requested.

Thanks
Jason

[FlamingParrot]

Re: Fraudulent CCA Received FROM Link Financial

I have received CCA from Link Financial, and have noticed its different from the CCA I requested from MBNA. The MBNA CCA is 7 pages and the CCA from Link is 8 pages, also the lender name has changed from MBNA Europe Bank Limited to MBNA Limited.

MBNA changed their name to MBNA EUROPE BANK LIMITED on 22/11/12, and my agreement dated 20/10/2008. Also their is no signature on the agreement, just a Please tick this box [X} as it was done via internet and also their is no account number on any documents.

If you took out the card in 2008 you wouldn't have the protection of s.127 of the CCA 1974 which prevented a court from enforcing an account unless there was a properly executed agreement with all the prescribed terms. Furthermore, for internet applications from January 2005 onwards, a tick box fulfills the role of a signature, so there would have been no requirement for them to send you an agreement in the post for you to sign, you wouldn't have been able to complete your online application without ticking the box saying you agreed to the terms.
The Consumer Credit Act 1974 (Electronic Communications) Order 2004 deals with online applications. The Order removes the need for the creditor to send a hard copy of the agreement for signature if the agreement was entered into online.

I wouldn't say fraudulent is the right word to use here, ever since the Carey v HSBC judgment it was established that a recon was an acceptable response to a CCA request, even for pre-2007 agreements, as long as the recon was honest and accurate.

[Amethyst]

Re: Fraudulent CCA Received FROM Link Financial

unapproved attachments as they had personal details on.

thanks for the reports M1 & FP.

[Amethyst]

Re: Fraudulent CCA Received FROM Link Financial

lol, well yes one of those is just a blatant lie ...

November 2012 they changed FROM MBNA EUROPE BANK LTD TO MBNA LTD

Your agreement is 2008 - so the LINK copy is incorrect which is what you want

Whats your note about 1993 about?
( sorry confused myself there all fixed though)

[Tools]

Re: Fraudulent CCA Received FROM Link Financial

http://www.mbna.co.uk/about-us/news-...r-information/

[nemesis45]

Re: Fraudulent CCA Received FROM Link Financial

A recon agreement must have both the debtors and the creditors names and addresses exactly as they were at the time the agreement was signed.
No sigs required on a recon.

[JasonD]

Re: Fraudulent CCA Received FROM Link Financial

Thank you for all you comments and feedback. So the CCA document from LINK is a recon, but incorrect, as it has different creditors name and interest rate (I.e Section 3. APR 24.9% - MBNA CCA has APR 24.8%)

Should I written back to LINK and tell them this or wait to see what they do next?

They are demanding payment:
"The account has been terminated. The "current balance" is the total outstanding balance that is due and payable immediately."

They have not phone me or sent any aggressive letters yet!

Really not sure what to do?

Any Ideas

Thanks
J

[Amethyst]

Re: Fraudulent CCA Received FROM Link Financial

It is unenforceable as it stands. You shouldn't refer to having a copy of the actual CCA but you should tell them it is not a true copy and as such they have not complied with their obligations under ccc s.78 and thus unenforceable under s.78(6). I wouldn't tell them the exact reasons just remind them what the requirements are.

Bit of an old letter this, have amended it slightly but reword it completely if you like.


Account In Dispute

Dear Sir/Madam

Re: my request under s78 of the Consumer Credit Act 1974.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. The supplied documentation does not constitute a true copy of a credit agreement and that which you sent is not the agreement for my account. If you believe it is please tell me how you have come to that conclusion.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

I will not be making any payments to you until you provide me with the document I have requested. Should you not have the correct agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully