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  • Link Financial response / failure to respond to a CCA request

    In July last year I submitted 2 separate CCA requests to Link Financial by recorded delivery documenting the relevant reference number for each account at the top of each letter. The CCA requests refer to Co-op credit card debts taken over by Link financial for which I had ben making repayments via Step change for a number of years. Having been making the payments, at the time of the CCA request there was not at that stage any threat of action form Link Financial, and there hasn't been since.

    Subsequent to my requests i received the following:

    20/07/20. A letter from Link Financial quoting the reference number for both accounts, stating:
    Unfortunately the original creditor Co-operative bank plc have been unable to comply with your requests as the vendors documentation has not been received in the 12 working day timescale. Although the documents are currently unenforceable until such time the vendors documentation has been received, the outstanding balance remains collectable, and it is acceptable for creditors to register and continue the reporting of a default for both accounts. This completes our obligation under section 78 of the act.

    03/08/20: A further letter from Link Financial, quoting only one of the two account reference numbers, stating I am please to enclose the requested documents with regards to the section 77/78 request under the Consumer Credit Act. The documents have been provided to us by the original vendor in question. The account is now enforceable, and we kindly request contact in order to agree a fair and affordable monthly repayment plan, if there is not one already in place. Please also find enclosed an account summary. This completes our obligations under section 77/78 of the act. Enclosed with this letter is a copy of an application for a Co-operative credit card application dated July, 1997, but only one application, as opposed to the two CCA requests.

    28/01/21: Two separate letters from Link Financial quoting the relevant reference at the head of each letter, which state. we have received confirmation that your elected advisor is no longer dealing with matters on your behalf. Please contact our offices upon receipt of this letter to discuss future payments on the above mentioned account [The letter then states the contact details]. Alternatively please complete and return the personal budget plan on the reverse of this letter, indicating your offer of repayment, and your preferred due date.

    I have e mailed Niddy the copy that I have been sent, and am awaiting his response relating to enforceability, and will post again as soon as I have had a response. My query at this stage is to ask for guidance relating to what Link have said in their two letters, the relevance of the timescales of their responses, and what do I do not having a response to both CCA requests?, do i make a second CCA request for the one I have not received?
    Any help and guidance would be greatly appreciated.

  • #2
    ".. In July last year I submitted 2 separate CCA requests to Link Financial by recorded delivery documenting the relevant reference number for each account at the top of each letter. .."

    After sending AAD CCA requests plus £1 Do nothing!

    The outstanding CCA is in Law UE . Do not contact them, remind them, chase them.

    Wait and see Niddy's opinion of what Link have sent.

    Only a judge can make you complete a Income & Expenditure form.

    Now sit on your hands and learn to be patient. We have all been where you are now.
    You have begun to take control of your own Life congratulations

    Comment


    • #3
      Your thread title says it all - Link has failed to respond to your CCA Request. That’s a good thing, not a bad thing.

      They have acknowledged receiving it too.

      Definitely don’t send a second request. They’ve had since July 2020 to source it so indications are it may not exist. What year did you open that account?

      However they’ve sent you documents for the other one which you can ask Niddy for his opinion on whether they look enforceable.

      But even if they are there could be other reasons for a debt to be unenforceable, not just the credit agreement.

      They'll be chasing you for payment now because you recently stopped your DMP after years. They’ve got used to getting money from you effortlessly and it may take time for them to adjust to the new situation

      Di

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      • #4
        It a little like a child who has had there pocket money stopped.
        they whinge on and pester you ‘please please can I have my money’ for a short period and when they get the idea that you’re not giving it they go away and sulk for a while.

        Comment


        • #5
          Thanks all, I appreciate this. Initially I thought perhaps the CCA that hasn't been provided may have gone missing in the post but if that were the case I'm sure they would have followed up by letter by now, particularly as it was requested at the beginning of July lady year!

          In relation to creditors following up by telephone, that's a sperate matter. Numerous calls from Link & NCO [NCO relating to another card] which I've ignored, and have now blocked all of the creditors numbers in both my landline & mobile. They can write if they wish, and I'll see if they make a formal claim.

          Just in the process of emailing niddy as he wasn't able to get back to me due to a change in mobile.

          In the way of an update I wanted to thank all who've helped me to date, even Diana calling me back in June, what a help that was.
          ???Almost £40k to approximately 6 debt collection companies, and guess what only awaiting clarification from niddy relating to 3 CCA requests [2 for Link as discussed] & NCO ~ Sainsburys. Of the rest, niddy deemed 2 irredeemably unenforceable, and response relating to all of the rest was unable to provide the info, some admitting unenforceable, but still advising I'm responsible for the debts.

          I'll keep the documention in a safe place and will post as soon as Ive engaged with niddy about the last 2.


          Comment


          • #6
            Is the NCO account an Amex by any chance. I only really hear of them in relation to AMEX. I had a Nectar credit card from Amex way back when and the CCA request was actually quite funny.

            Comment


            • #7
              Originally posted by Florida2020 View Post
              I wanted to thank all who've helped me to date, even Diana calling me back in June, what a help that was.
              ???Almost £40k to approximately 6 debt collection companies, and guess what only awaiting clarification from niddy relating to 3 CCA requests . . . . . Of the rest, niddy deemed 2 irredeemably unenforceable, and response relating to all of the rest was unable to provide the info, some admitting unenforceable

              Always happy to help - it seems we spoke in the nick of time last summer

              Everything seems to be heading in the right direction now.

              (I'll reply to your PM separately.)

              Di

              Comment


              • #8
                Hi Warwick, yes NCO is an Amex account. Thanks Diane, I have just posted relating to letters i have received relating to requesting no telephone contact.

                Comment


                • #9
                  I have replied to your recent positing on the other thread
                  Legal Disclaimer
                  I am a solicitor Advocate who specialises in consumer credit and my firm is Joanna Connolly Solicitors. My leading case of Carey v HSBC set the legal precedence for creditors compliance with s.77 & s.78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court. Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk.

                  If you need to contact me you can send me a message by clicking my username or by emailing me at jo@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340.

                  Comment


                  • #10
                    I must by psychic or maybe psychotic

                    They were pretty ineffectual the twice they had mine. Mains you, AMEX were never able to comply with my cca request

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