mbna link financial

[trouble47]

I hope someone can help.
Mbna sold my husbands debt to Link Financial Outsourcing. The brought the debt after MBNA had sent a default notice after missing payments . The last payment to mbna was in may 2012. Link recently called asking to discuss account as it is in my husbands name (as took me off account about a year ago ) my husband sent an email saying that he gave me full authorisation to dicuss account with them.
When they called me back on my mobile they asked for the full amount of £4572. I explained that we didnt have that kind of money so he promptly said we will accept £3670. I then said i cannot get that amount either so what happens. The advisor then said how much could i pay and i told him i could pay £600 then arrange for a montly payment to them by direct debit if thats what they wanted. He said because mbna had served a default noticed and payments were missed couldn't accept our offer
The advisor then came back and said that he would need to know what our income and outgoings were. He called me back the next day and i told him what our earnings were and mortage ,other loans etc were. He also asked what our mortage was and what was outstanding and how much house was worth, they couldnt accept that and should over the weekend try and get the money either from friends or maybe ask our mortage company. We have no way of getting the extra money only £600. I explained to him that we just want to pay the £600 then a monthly payment as do no want any court action! The advisor said he would call back after the weekend to see what i could get he called my mobile yesterday but i ignored it as i do not know what to do .

Can anyone help or has anuyone been in the same stituation

[Hurricane Puffrose]

Re: mbna link financial

Duplicate thread. Please use http://www.legalbeagles.info/forums/...178#post296178 for clarity and ease of helping OP.

Highlighted to admins for fear of confusion in threads


dont worry Trouble your not in bother with us, it just helps us help you if there is only one thread up on a subject

[teaboy2]

Re: mbna link financial

Can i ask, did the default notice ask for just arrears or for the full balance, what was the date on the notice, what date was it received by you?

As for the monkey on the phone, well hes in breach of the OFT debt Collections guidelines, they must accept what you offer as a reasonable repayment plan, they are not under any circumstances allowed by the OFT to advise you to take out further loans or credit in order to repay a debt with them. So do not speak to them on the phone again ever. keep everything in writing and never ever sign any letters by hand!

Oh and don't pay a penny to them to we have estabished if the debt is enforceable or not and just what you realistically can afford to repay each month.

[trouble47]

Re: mbna link financial

Hi Teaboy2
Received a default notice from MBNA on 10 April 2012( default notice served under section 87 (1) of the consumer credit act 1974) Letter said We refer to the above agreement which you have entered into with us, Clause 1 and 8 of that agreement provide that you must make the minimum payment when due and immediadiately pay to us the amount of anu missed payment and any amount which balance goes over credit agreement.We are in breach as failed to make the payments due and are in arrears, To remedy your breach we must receive a payment of xxxxx by 27 april 2012. Your account balance is xxxxx
Called mbna and agreed to pay monthly paid a payment in april and one in may. Then received a letter from mbna on 12th July saying that the credit agreement has been terminated, Please note you are still required to repay your debt of 4572.
You will no longer receive statments and they have registered a default with credit reference agencies. this cannot be cancelled or reversed and will stay on file for next 6 years.States what they will be doing with account.either sale of debt, placement of debt or litigation.
On 10th august received letter from mbna saying that they taking further action to recover debt and have decided to sell the debt to another company. Says that they will be transferring ownership together with rights of collection of debt to Link Financial Outsourcing Ltd and that we shopld wait further informaton from link as to what will happen next.
Then reecived letter from link on 4 September giving notice that on 29th August mbna assigned to them benefit of debt to them. They are seeking full recovery of the debt,

[teaboy2]

Re: mbna link financial

Was the sum they were asking you to pay to remedy the default just the arrears or the full balance?

[trouble47]

Re: mbna link financial

default from mbna -The amount to remedy was just the arrears

[teaboy2]

Re: mbna link financial

right the default notice is valid then by the sounds of things, so what you need to do is write to link with an affordable monthly repayment offer though you do not need to fill out an income and expenditure, as they have no right to see that.

Also have a read of the following, if anything in mr jones case is similar to yours then let us know - http://www.bailii.org/ew/cases/EWHC/QB/2012/2402.html

[trouble47]

Re: mbna link financial

Link are still calling and leaving voice calls and text messages for me to call them. Should i call them with offer of payment ? When i spoke to them about 2 weeks ago he asked what our earnings etc were so i told him he also asked about mortage so told him what was paid and how much was outstanding and what the house is worth as i didnt know any difference then!!! He told me to see what amount i could get and to let him know then they would see if they could help as everyone has different circumstances.

Can i email them with an offer of say £600 then offer to pay a monthly amount of what i can afford or should i just offer monthly amount. Reason i say email as i can keep them and he said to send email as he will pick it up like he did the first one.

[teaboy2]

Re: mbna link financial

No do not ever talk to Link or any Debt collection company on the phone, they will lie to you and break all kinds of OFT guidelines etc trying to get you to pay more than you can actually afford.

Send the letter offering a monthly payment that you can afford, making it clear you will communicate in writing only and deem their daily phone calls and voice messages as harassment under the protection from harassment act 1997.

Yes you can sent it by email, so long as everyhting is kept in writing you will have a record of it.

[trouble47]

Re: mbna link financial

I just had another voice call!!!
Ok i will get write to link , should i offer a lump sum payment of £600(which i have ) then a monthly figure that i can afford or just a monthly figure.
If i send a letter should it be signed or name printed.
Really want to agree a payment plan do you think that they will accept or will they try court action as they know what we earn?

[teaboy2]

Re: mbna link financial

I just had another voice call!!!
Ok i will get write to link , should i offer a lump sum payment of £600(which i have ) then a monthly figure that i can afford or just a monthly figure.
If i send a letter should it be signed or name printed.
Really want to agree a payment plan do you think that they will accept or will they try court action as they know what we earn?

Just offer them monthly payments, why give them the benefit of any lump sum, that you could spend on Christmas. If they are calling you at 9pm on an evening, then thats clear harassment - How many calls or voice messages fo you get each day, as anymore than 3 is harassment if its on a daily basis.

[trouble47]

Re: mbna link financial

Had 2 calls a voice mail and text today,
If send letter should it be signed or just printed at bottom.
Should they accept my offer of monthly payments.