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  • Link CCA next steps

    Hi all,

    May have done this the wrong way round but just want to finalise matters now asap! Situation is I have a DMP with StepChange and want to clear everything remaining after 10-years of being on the plan. On advice I did send out some CCA requests and Link replied late in 2017 to say they can't provide docs and 'the account is currently unenforceable'. As it was with SC payments have continued to be made since.

    I am now going to self-manage and wrote to creditors offering 20% (reiterated in my letter to Link they said it was unenforceable) but Link have come back to say they won't accept the 20% and to call. When I call I confirmed that I am taking over the management of the DMP and minded to cease any further payments as the matter is unenforceable. The call handler asked me to put it in writing (again). Question now is do I just write to them to say the (10-year old arrangement) is considered over or repeat the, without prejudice, offer of 20% as a final offer to resolve matters? Any advice would be very much appreciated!

    Thanks everyone

  • #2
    hi welcome to AAD

    You say you sent out some CCA requests, so I am assuming you still have some more accounts not mentioned, did you receive replys for the other CCA requests?

    can i ask you to start a diary so we can give you the help,

    Re, link, you don't need to inform them of anything, as ssoon as you cancel your plan with SC, they will be quick to contact you,
    just one point , we advise all contact is in writing, this way you have a good paper trail of what has been sent and received


    please read this, https://www.all-about-debt.co.uk/for...3228#post43228

    looking forwad to helping you

    Nightwatch



    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      Thanks for the reply and good to be on here - have paid the subscription option! Yes, have 2 x other debts which were able to provide docs under CCA request and am communicating now with F&F offers. The one with Link is the one where they can't fulfil the CCA request so I just need to know what to do next. I need to write to them (as they have refused my F&F) and looking to reiterate to them it is unenforceable but I really want to finalise everything (have some funds for F&F) so should I repeat to them to accept my 20% F&F offer or just stick now to the fact its unenforceable and ignore it? As mentioned though I would be happy with 20%, after 10-years I just want this done!

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      • #4
        only a judge can deem a debt totaly unenforceable, if a company says a debt is unenforceable, it remains that way untillyour CCA request is fulfilled,you cannot be made to make a payment, nor can it be enforced by a court,unless they find the required documents they can continue to ask for payment but you do not need to make one,nor do you tell them why it is UE, while you are making payments they won't look at F&F.
        so you can ignore it put the money to one side so that it can be used toward any that are enforceable,

        NW
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Originally posted by HomeStraight View Post
          have 2 x other debts which were able to provide docs under CCA request and am communicating now with F&F offers. The one with Link is the one where they can't fulfil the CCA request so I just need to know what to do next. I need to write to them (as they have refused my F&F) and looking to reiterate to them it is unenforceable but I really want to finalise everything (have some funds for F&F) so should I repeat to them to accept my 20% F&F offer or just stick now to the fact its unenforceable and ignore it?

          The other debt owners may have provided you with documents but were those documents compliant You need to get them checked.

          There're more ways for a debt to be unenforceable in court than just the credit agreement. The debt owner must comply with all their statutory duties and prove they own the debt if it's been assigned.

          Post the full details of all three debts in separate posts on this thread so you can get bespoke help.

          Use this format >
          • Type of account (credit card/loan/overdraft/HP etc)
          • Date commenced (ideally before April 2007)
          • Approx balance
          • Date last paid (approximate date you last made a FULL payment)
          • Are you on arrangement or not paying
          • Status (default/in arrears/up-to-date)
          • Account owner (who is writing to you, a DCA or the original lender, or a debt purchaser)

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

          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

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