Link CCA next steps

[HomeStraight]

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

[nightwatch]

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

[HomeStraight]

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!

[nightwatch]

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

[Joanna Connolly Solicitors]

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

[HomeStraight]

Hi all,

Have a response from Westcot (client Cabot) for 20% F&F offer to £5k debt. I & E statement given and they are now after information about mortgage and property equity. I am close to retirement age and the mortgage has 3-years to go so can I assume that they would simply say 'in that case we will wait'? Do you have to provide mortgage details? At this stage in life I am trying to get rid of debts and don't want to take out another mortgage!

[nightwatch]

No you don't need to give them any details of your Mortgage or equity, they are fishing to see if they can get more than 20% from you.This is why we ask people to check that the company who owns the account has the legal right to make a claim for the moneys owed,
As you are also near to retirement age, it may be difficult for you to remortgae anyway
to be perfectly honest, they may not be after you to take out another Mortgage, they may want to see if it is worth taking you to court to get a CCJ, there after a charge on your property.

did you send a CCA request for this account, if so what did you receive back.

[HomeStraight]

Hi,

Thanks for the reply - I did write for a CCA Request and got the run around. I wrote back with:

"I would also like to point out that your response to my request to provide me with the credit agreement which I requested under Section 77/78 of the Consumer Credit Act 1974 was met with a reply asking me to contact ‘CCA Requests, Southend’. I have a reply from MINT (Southend) stating ‘Cabot Financial are now the legal owners of the debt."

In effect they have failed to provide. As part of the dialogue for the F&F they did say 'We note in your correspondence you make reference to a previous request for your credit agreement. If you still require a copy of this agreement please inform us'.

Right now I would just like to get this resolved asap so would like to provide the I&E without mortgage and equity if this would help move it forward.

[nightwatch]

i think you will not move forward, Cabot want more than you are offering, while you are still paying they will not do anything, as i said before, by sending an I&E you have shown what you have left at the end of each month.they will look for a way to get more.
If you supply the information they ask for, they MAY decide they want more and try for a court judgment.
they are not on your side, they do not play fair,
They know they have not sent a reply to your CCA request, but you have given them no reason to think you will do nothing but carry on paying them, so why should they look at taking a little when they could get a lot more,
sorry if this is not the answer you wre looking for, but stale mate is where it's at,

why not do as Di asked in her above post and we can look at each account seperately,

we don't advocate not paying if a debt is enforceable, but I personaly, don't think a debt that is unenforceable due to no CCA should carry on being paid un till they find a compliant CCA.

[HomeStraight]

OK, fair point and I appreciate the advice. I will go back to them for the CCA request to be completed. Thanks again

[nightwatch]

OK, fair point and I appreciate the advice. I will go back to them for the CCA request to be completed. Thanks again

my pleasure, just one point, did you send the £1 fee with the request, if so was it returned?

[HomeStraight]

Yes they returned it along with my letter. Two months later (without contacting MINT) I had a letter from MINT saying that it has been assigned to Cabot who are now the 'legal owners of the debt'.

[nightwatch]

Hi, if you go into the templates, Unenforceable, down to section 3, 3rd one down is, refusal to except CCA request, I would miss out 2nd paragraph.

It just tells Cabot that as they are now the owner, the onus is on them to pass the request to the original lender and comply with your request.
hope that stops the 'to me, to you', merry go round.

[Joanna Connolly Solicitors]

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

I'm going to repeat this post of mine (#5 January 9th) before making any suggestions because in order to give you accurate help the full history of each debt needs to be known first

There may be more to it than sending a template letter.

If you've been sent documents in response to some of your CCA Requests you should send them to Niddy (Never-in-Doubt) for an opinion. I wouldn't necessarily believe what a debt purchaser tells you is enforceable. Just because they've sent you documents that doesn't mean they have fully complied with your s 77-79 CCA Request.

Email what you have received so far to webmaster@all-about-debt.co.uk with your username in the subject bar and a link to this thread.

Sometimes it's wise not to reply to letters you get sent, but each scenario is different.

In my experience negotiation is best carried out from a position of strength, so establish what is or isn't enforceable in order to strengthen your bargaining power since you say your aim is to make F & F settlement offers.

Di

[The Tech Clerk]

send documents to:- webmaster@all-about-debt.co.uk