Tweet
Hello, I would be grateful for some advice on my situation.
I had a £1,000 Halifax Current Account overdraft which I didn’t repay at all due to being unemployed.
They added £58 charges and sold the account to Link.
Link instructed Kearns who sent me a Letter of Claim.
I responded to this by disputing the debt and requesting documents.
Kearns sent me statements plus Notice of Assignments from Halifax and LC Asset 1 S.a.r.l.
I decided to send Halifax a SAR.
The SAR shows that Halifax made some diary notes about Link contacting them to obtain the documents I had requested.
These notes say “agreement and T&Cs are not available, copy of default notice not retained, default date not known, final demand date xx.xx.2019.”
(I have deliberately omitted the final demand date in case of any issues.)
The SAR does not contain a copy of the final demand letter.
After browsing this forum, I wrote to Link complaining that the account is unenforceable, so they need to stop reporting to my credit files due to the ruling in the Grace v Black Horse case.
They replied with “Section 77-79 of the CCA 1974 does not apply“
and
“the consequence of this is that there is no executed agreement for the current account overdraft and section 78 ‘the right to demand a copy of the executed agreement’ does not apply
and
“we have not breached any of the guidelines that govern our organisation and business practices, and as such we will not be taking any further action.”
I replied saying they were wrong and that the ruling in MFS Portfolio Ltd v Phelan & West means Section 77-79 of the CCA 1974 does apply.
I also asked them to confirm that Link are legal owners of the account because their NOA said it was LC Asset 1 S.a.r.l, but I didn’t tell them this was the reason behind asking.
They sent another letter the next day, saying they had already replied and thanked me for my “update letter”.
They are telling me to contact the Credit Service Ltd or the Financial Ombudsman Service if I am dissatisfied with the response.
I am dissatisfied as I want to clean up my credit files and want the defaulted account removed! Otherwise, it is staying until October 2025.
Is there anything else I should write to Link or should I complain to the FOS?
Many thanks for reading and for any help and advice
I had a £1,000 Halifax Current Account overdraft which I didn’t repay at all due to being unemployed.
They added £58 charges and sold the account to Link.
Link instructed Kearns who sent me a Letter of Claim.
I responded to this by disputing the debt and requesting documents.
Kearns sent me statements plus Notice of Assignments from Halifax and LC Asset 1 S.a.r.l.
I decided to send Halifax a SAR.
The SAR shows that Halifax made some diary notes about Link contacting them to obtain the documents I had requested.
These notes say “agreement and T&Cs are not available, copy of default notice not retained, default date not known, final demand date xx.xx.2019.”
(I have deliberately omitted the final demand date in case of any issues.)
The SAR does not contain a copy of the final demand letter.
After browsing this forum, I wrote to Link complaining that the account is unenforceable, so they need to stop reporting to my credit files due to the ruling in the Grace v Black Horse case.
They replied with “Section 77-79 of the CCA 1974 does not apply“
and
“the consequence of this is that there is no executed agreement for the current account overdraft and section 78 ‘the right to demand a copy of the executed agreement’ does not apply
and
“we have not breached any of the guidelines that govern our organisation and business practices, and as such we will not be taking any further action.”
I replied saying they were wrong and that the ruling in MFS Portfolio Ltd v Phelan & West means Section 77-79 of the CCA 1974 does apply.
I also asked them to confirm that Link are legal owners of the account because their NOA said it was LC Asset 1 S.a.r.l, but I didn’t tell them this was the reason behind asking.
They sent another letter the next day, saying they had already replied and thanked me for my “update letter”.
They are telling me to contact the Credit Service Ltd or the Financial Ombudsman Service if I am dissatisfied with the response.
I am dissatisfied as I want to clean up my credit files and want the defaulted account removed! Otherwise, it is staying until October 2025.
Is there anything else I should write to Link or should I complain to the FOS?
Many thanks for reading and for any help and advice
Comment