LINK/IDR Financial- Forward Flow Agreement legal?

[sidley]

In brief, My wife and I got into difficulties mid 2011 due to my failing eyesight, I'm self employed, could not work much at all. My wife also has chronic Osteoarthritis - just to put you in the picture.

We wrote to all our credit card companies and banks before we got into arrears, to explain our problems all but MBNA (credit card) were very helpful in the end. After several operation on my eyes my sight is a lot improved and I am beginning to work part-time again on significantly reduced income though.

Then I received letters from IDR finance (feb 2012) claiming to have bought the debt/account from Link who had bought it from MBNA.

I had some advice from CAB who suggested to write a prove it letter to IDR/Link and to MBNA asking them to confirm sale as I had not received a default notice etc from them. MBNA said in letter that they do not keep these as they are autogenerated by the computer!

Dozens of letters to all 3 and no one responded with proof - MBNA/IDR/LINK just ignored them. The letters to IDR/Link sent by recorded delivery but initialy, not recorded to MBNA (last 6 were).

I sent off the CCA request to all of them, just got generic T&C's at first from MBNA no CCA. IDR sent same.

Then IDR took me to The NBCC. which I defended (on grounds they had not complied with CCA) failing that requested to transfer to local court; which they did eventually took 6 months for IDR/MBNA to come up with the Application Form. Still no documentary proof of transfer from anyone. All went quiet for a while. Then IDR applied to the courts to restart things again, gone through the process of exchange of Documents and I requested from their court list the original CCA, DN and assignment.

All I got back was a badly copied Priority Application Form (1997) a copy of MBNA's DN ( where they got that from I don't know) and 2 forward flow agreements (MBNA to LINK; LINK to IDR). They have since provided me with a better quality copy Application Form.
I have SAR to all of them, which involved the ICO as they were not responding to the SAR, eventually I got some information from LINK even though I complained about IDR. And MBNA response(200 pages) did not mention sale to anyone nor any DN.

So, my questions are; Why have MNBA refused to confirm sale completely ignoring my letters. Is an application form with separate T&c's (don't know if original) with a copy of the varied ones compliant with the CCA request and do forward flow agreements (FFA) mean anything in court. The FFA's do not mention me by name just an attached sheet with all other debts blanked out except mine.

My son is coming over tonight with his scanner so I shall be able to post the documents with personal details blanked out of course.

P.S. I contacted the FoS about MBNA's lack of response, they suggested going thru their complaints dept. Just received a response which is yet another copy of the SAR request no confirmation of selling account which is what I asked for. They are deliberately stalling. It's now 18 months of sending letters to MBNA for confirmation.

Any help gratefully received.

[sidley]

Re: LINK/IDR Financial- Forward Flow Agreement legal?

Hi,
I've managed to scan the 2 forward flow documents. Sorry for the quality but that's due to the originals barely readable.

[sidley]

Re: LINK/IDR Financial- Forward Flow Agreement legal?

Here are the CCA and the T&C's which, as you can see, are almost illegible. I asked for better copies but they said these were fine and they could enlarge them to A3 size if required. I replied I just wanted something I could read.

They have since somehow improved the quality of the copy CCA in their evidence to court. I will post that shortly.

sidley

[sidley]

Re: LINK/IDR Financial- Forward Flow Agreement legal?

Hi there here are better scans of the application form/agreement.

If someone could have a look at them. Any help gratefully received.

thanks a million.

sidley

[FlamingParrot]

Re: LINK/IDR Financial- Forward Flow Agreement legal?

I'm sorry you didn't get an earlier reply to your query, I was away at the time you posted.

The question here would be whether the terms and conditions were those attached to the application form you signed or they are just random terms. From what I can see, the application form appears to be an advert somewhere and the terms look like a copy of a booklet that could have been supplied later, probably with the card.

I can't see dates anywhere, neither on the application form nor on the booklet. Documents such as those often have small text on the edges with codes like 01/07 or something like that. When did you take out the card? Can you remember how you applied for it, i.e. was it in branch, an advert, did you get the form through the post? Anything you could recall should help establish whether you agreed to those terms or not.

Under section 15. General - the terms list late fees, overlimit fees and returned payment fees. It would be interesting to compare these fees to what you have actually been charged on your statements, to see if they match up.