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  • Thank you Niddy & Diana

    Quite a while ago, I asked for help with CCA's and Niddy looked at them for me. It now turns out I have only 1 enforceable debt to Link Financial that I have to pay. Link Financial have another one of my debts and keep sending me letters and texting and phoning me even though I have asked for everything to be in writing but I block where I can.

    What I really mean to say is that I have grown stronger and stronger and no longer react to their letters about unenforceable debts or text messages and phone calls, all are ignored.

    Today I received a letter from Link Financial who tell me my "debt was sold to IDR Finance UK II Limited effective 24/06/2013 but to date we have reached no conclusion with you on how this sum will be repaid". They tell me that although they are entitled to immediate payment, they will give me the opportunity of setting up a Direct Debit for a monthly payment. So, if "to date we have reached no conclusion" can I take the date of 24/06/2013 and deem it statue barred? Or is this just a badly written letter?

    Do they think I was born yesterday? Non enforceable means just that and thank you to all on this site for your wonderful advice and support.

  • #2
    Statute Bar means NO acknowledgement of the Debt for 5(Scotland)/6 years. That could be by letter; at the phone; email; SMS
    The AAD s.77/78 CCA (plus £1) are written so that the debt isn't acknowledged.

    So we err on the side of caution!
    There is no threat in the letter so no need to reply. BUT whether IDS Finance UK II Limited is FCA registered is another matter worth your checking!
    The Letter could be Links undoing!!

    Comment


    • #3
      Hi Roger,

      I have just tried to check and I cannot find IDR Finance UK II anywhere on the FCA. What does that mean? Is there another way of finding out if they are FCA registered?
      Last edited by Abacus; 3 September 2021, 07:52.

      Comment


      • #4
        Hi,

        IDR Finance UK II Limited are not authorised by the FCA. The implications of that being they are not authorised to exercise the rights and duties of a lender, which includes enforcing a credit agreement by entry of a Court Judgment.

        That in and of itself does not stop unauthorised companies issuing Claims against consumers, the matter just needs to be properly explained to a Judge, in order for their Claim to be unsuccessful and dismissed by a Court.

        If I remember correctly, in their latest accounts filed at Companies House, they admit to paying all sums recovered from debt purchasing to a sister company in Ireland. So alarm bells ring as to a possible tax avoidance scheme. Albeit, that is yet unproven.
        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 colin@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

        Comment


        • #5
          Originally posted by Colin G Quinn View Post
          Hi,

          IDR Finance UK II Limited are not authorised by the FCA. The implications of that being they are not authorised to exercise the rights and duties of a lender, which includes enforcing a credit agreement by entry of a Court Judgment.

          That in and of itself does not stop unauthorised companies issuing Claims against consumers, the matter just needs to be properly explained to a Judge, in order for their Claim to be unsuccessful and dismissed by a Court.

          If I remember correctly, in their latest accounts filed at Companies House, they admit to paying all sums recovered from debt purchasing to a sister company in Ireland. So alarm bells ring as to a possible tax avoidance scheme. Albeit, that is yet unproven.
          You wrote " .. I have only 1 enforceable debt to Link Financial that I have to pay. .."
          But now armed with Colin G Quinn entry above I strongly suggest you relook at this so called EN Debt with Link that you have been paying for!
          Within Link what Assigned name is on this so called EN Debt?
          If this is also IDR Finance UK II Limited then you should cancel these payments without advising LINK!

          Comment

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