F and F settlement with Link

[tierisch]

Hi Had an MBNA CC and the account was bought by slink a few years ago. I CCA'd them and they werent able to produce an agreement so the account was put into dispute and no payments made. From time to time i get a statement from them (mmm..did i ask for one - i think not) but the account is still in dispute.

In the meantime trying to sort all debts out and offering F and F to different companies. Problem is if i send link a F and F letter (have used National Debtline templates) am I inadvertently agreeing I owe them the money and they can then demand payments?

Thanks for any help

[Angry Cat]

Re: F and F settlement with Link

Hi Had an MBNA CC and the account was bought by slink a few years ago. I CCA'd them and they werent able to produce an agreement so the account was put into dispute and no payments made. From time to time i get a statement from them (mmm..did i ask for one - i think not) but the account is still in dispute.

In the meantime trying to sort all debts out and offering F and F to different companies. Problem is if i send link a F and F letter (have used National Debtline templates) am I inadvertently agreeing I owe them the money and they can then demand payments?

Thanks for any help

Link have to send out statements of account, as per the CCA 2006, post contractual information;
this was implemented 30 October 2008.

In answer to question 2.
Yes, you would be admitting the alleged debt!

[tierisch]

Re: F and F settlement with Link

Thanks AC - nice to see you on here. Followed your posts on CAG before they went to the dark side!

Any suggestions round this - want to get rid of the debt but being as MBNA no longer own it would have to pay link and if they refuse the f&f offer then they could keep chasing me?

[Angry Cat]

Re: F and F settlement with Link

Thanks AC - nice to see you on here. Followed your posts on CAG before they went to the dark side!

Any suggestions round this - want to get rid of the debt but being as MBNA no longer own it would have to pay link and if they refuse the f&f offer then they could keep chasing me?

Hi tierisch!

IMO, there is a great query about MBNA/Link assignments;
MBNA, generally keep one finger in the cherry pie.

Whatever you do, Link will continue to pursue. Further, if you make a F&F offer to Link, that will be deemed to be acknowledgement of the alleged debt.

What is the date of your application to MBNA?
Was there any PPI added?

[QUOTE] by tierisch:
I CCA'd them and they werent able to produce an agreement so the account was put into dispute and no payments made.{QUOTE]

Why would you consider making a F&F offer, if there is no valid CCA?

[tierisch]

Re: F and F settlement with Link

Hi AC

Date on the application form was 94 and no PPI

As for the F&F - i want to sort out my credit slowly but surely

In the meantime as you mentioned the MBNA fingers i checked back and realised that the letter they sent to me had a different account number which Link claims on its letters.

MBNA's letter just stated they had sold the outstanding balance to link.

Thanks for your help

Tierisch

[Angry Cat]

Re: F and F settlement with Link

Hi AC

Date on the application form was 94 and no PPI

As for the F&F - i want to sort out my credit slowly but surely

In the meantime as you mentioned the MBNA fingers i checked back and realised that the letter they sent to me had a different account number which Link claims on its letters.

MBNA's letter just stated they had sold the outstanding balance to link.

Thanks for your help

Tierisch

1994...!

Yes, MBNA account numbers change on charge off.

My advice, don't wake the sleeping giant.

[tierisch]

Re: F and F settlement with Link

1994...!

Yes, MBNA account numbers change on charge off.

My advice, don't wake the sleeping giant.

Thinking the f&f is not such a good move - will keep stumm and let it hang for a few years. Six years is statute barred me thinks.

[Angry Cat]

Re: F and F settlement with Link

Thinking the f&f is not such a good move - will keep stumm and let it hang for a few years. Six years is statute barred me thinks.

Tierisch, in your particular case, a F&F would not be a good idea. Especially, as the application/agreement is an early MBNA one;
MBNA, made many errors in the drafting of same.

Re: SB: 6 years from acknowledgement by word (letter) or, payment.

Note, making a F&F can be beneficial in some circumstances.

[tierisch]

Re: F and F settlement with Link

Thanks - yes i found some errors in another MBNA CC. Will just keep link filed away now...i can think of better places to put them though!