CCA received is it enforceable

[Mysterio]

By the way you mention Link Financial
Please check very carefully WHO was assigned this DEBT?
Does the name LC Asset 2 S.A.R.L. appear on any correspondence especially perhaps from KEARNS letter?

Yes it does, LC Asset 2 S.A.R.L appear on the letter from Kearns.

But letters are coming from Link Financial

[Roger]

Yes it does, LC Asset 2 S.A.R.L appear on the letter from Kearns.

But letters are coming from Link Financial

Make a note of the following!
See Colins entry here https://all-about-debt.co.uk/forum/d...00#post1544400
"..
Link Financial is not a trading name of LC Asset 2 S.A.R.L. They are separate companies. One is an offshore unauthorised debt purchaser and the other is a UK based debt servicer.
.."
Its a complex legal argument not something to tackle yourself BUT a little reading here and a GOOD Diary should put you in control of this Debt!

Can we AAD help with other Debts?

[Mysterio]

Make a note of the following!
See Colins entry here https://all-about-debt.co.uk/forum/d...00#post1544400
"..
Link Financial is not a trading name of LC Asset 2 S.A.R.L. They are separate companies. One is an offshore unauthorised debt purchaser and the other is a UK based debt servicer.
.."
Its a complex legal argument not something to tackle yourself BUT a little reading here and a GOOD Diary should put you in control of this Debt!

Can we AAD help with other Debts?

Many, thanks for this.

i sent my CCA request to:

Link Financial Outsourcing Limited. Registered in England Number 7059696.
Registered address: The Peak, 2nd Floor, 5 Wilton Road, London, England SW1V 1AN.
Authorised and Regulated by the Financial Conduct Authority FRN 606817.

why did the bank give my details to Link Financial if they are not the debt owners?

Well there is no court proceedings against me yet, if they do i will keep this in mind.

i did request some documents from Kearn when i disputed the debt in the PAP. Is this why they sent file back to Link without providing them??

[Roger]

Many, thanks for this.

i sent my CCA request to:

Link Financial Outsourcing Limited. Registered in England Number 7059696.
Registered address: The Peak, 2nd Floor, 5 Wilton Road, London, England SW1V 1AN.
Authorised and Regulated by the Financial Conduct Authority FRN 606817.

why did the bank give my details to Link Financial if they are not the debt owners?

Well there is no court proceedings against me yet, if they do i will keep this in mind.

i did request some documents from Kearn when i disputed the debt in the PAP. Is this why they sent file back to Link without providing them??

Link Financial aren't the owners but are Debt collectors acting on behalf of LC Asset 2 S.A.R.L

Remember there may be other issues as well as this!
This is the first fruit of your Diary!

Nobody is threatening you at the moment so lets go step by step!
Build up that DIARY

AAD doesn't know the name of the Original Lender which you haven't disclosed!

Update your Diary with this new Assignee name!
Also please the Original Lender (because this is also an important detail!)

Well done Put this in your back pocket!! Continue with the DIARY!! Lets see what is in the SAR
SILENCE with LINK!!!! Not a word!! Sit on your hands!

[Mysterio]

• Type of account (credit card/loan) Credit Card
• Date commenced (ideally before Apr 2007) January 2013
• Original Creditor: Bank Of Scotland
• Approx balance £9000
• Date last paid (approximate date you last made a FULL payment) Nov 2018
• Are you on arrangement or not paying Not paying
• Status (default/in arrears/up-to-date) Default Nov 2018
• Account owner (who is writing to you, a DCA or the lender) LC Asset 2 S.A.R.L - Link Financial writing to me
• Date assigned to LC Asset 2 S.A.R.L Jan 2022
• PAP received from Kearn Solicitors early Nov 2022
• Sent CCA request early Nov to Link Financial
• Returned PAP mid Nov to Kearns requesting various docs default notice etc etc and disputing the debt.
• Kearn returned FILE back to Link Financial end Nov 22 no documents sent to me.
• CCA RECEIVED February 2023 from Link Financial. SENT TO NIDDY
• SAR sent to BOS Feb 23

Updated Diary

LC Asset 2 Sarl are unauthorised debt purchasers, is that due to them not being regulated by FCA?

Also why did the BOS give my cca copy to Link Financial when they know they sold the debt to LC Asset 2 Sarl. Surely this is data breach?

[Still Waving]

Well done on the updated diary. Following Roger's comments, you can see that we're not nagging just for the sake of it. Important details emerge.

[Mysterio]

• Type of account (credit card/loan) Credit Card
• Date commenced (ideally before Apr 2007) January 2013
• Original Creditor: Bank Of Scotland
• Approx balance £9200
• Date last paid (approximate date you last made a FULL payment) Nov 2018
• Are you on arrangement or not paying Not paying
• Status (default/in arrears/up-to-date) Default Nov 2018
• Account owner (who is writing to you, a DCA or the lender) LC Asset 2 S.A.R.L - Link Financial writing to me
• Date assigned to LC Asset 2 S.A.R.L Dec 2021
• PAP received from Kearn Solicitors early Nov 2022
• Sent CCA request early Nov to Link Financial
• Returned PAP mid Nov to Kearns requesting various docs default notice etc etc and disputing the debt.
• Kearn returned FILE back to Link Financial end Nov 22 no documents sent to me.
• CCA RECEIVED February 2023 from Link Financial. SENT NIDDY
• SAR sent to BOS Feb 23
• Niddy checked CCA, says it is UE

*update* received response from Niddy, debt UE

[Roger]

*update* received response from Niddy, debt UE

Great!
Doesn't mean they won't try!
Keep the Diary up todate!
The Consumer Credit Act 1984 is essentially a SNAIL POST Act.
Remember this and refuse to accept anything other than in writing and by Post!

Don't engage in letter ping pong with LINK!
SILENCE from now on , Sit On your hands, When the SAR arrives check the contents making notes (for yourself!)

[Mysterio]

Great!
Doesn't mean they won't try!
Keep the Diary up todate!
The Consumer Credit Act 1984 is essentially a SNAIL POST Act.
Remember this and refuse to accept anything other than in writing and by Post!

Don't engage in letter ping pong with LINK!
SILENCE from now on , Sit On your hands, When the SAR arrives check the contents making notes (for yourself!)

Thanks

i have never engaged with them except when they issued the PAP, i thought to myself request documents and defend court case regardless, i have no assets and on low income, i was resigned to ccj but what i do know even if i paid 20 quid a month it will take me 50 years to pay, i wont be alive in 50 years, theres no way of me paying this.

what will i be lookin for in sar?

is it like seeing the notice of assignment, default notice, cca etc

[Roger]

Because of your PAP and Links response its very unlikely that LINK will need to go back to the Original Lender!
So the SAR will reveal all that Link could possible get from the Original Lender!

Then you need to look to see what the Lender is holding on you OR INDEED NOT holding on you!
What's there What's NOT there!

If its NOT there then Link can't have it!

I am surprised they Defaulted you in Nov 2018 but didn't assign the Debt until Jan 2022 that's 3 years and what 1 month there must be a reason for this delay! Sometimes its because the Lender knows the paper work is suspect?

A good Diary enables you to make good decisions and or otherwise.

[Mysterio]

Because of your PAP and Links response its very unlikely that LINK will need to go back to the Original Lender!
So the SAR will reveal all that Link could possible get from the Original Lender!

Then you need to look to see what the Lender is holding on you OR INDEED NOT holding on you!
What's there What's NOT there!

If its NOT there then Link can't have it!

I am surprised they Defaulted you in Nov 2018 but didn't assign the Debt until Jan 2022 that's 3 years and what 1 month there must be a reason for this delay! Sometimes its because the Lender knows the paper work is suspect?

A good Diary enables you to make good decisions and or otherwise.

Yes BOS held the acc for over 3 years..

whats stopping BoS creating another default letter or any other documents with their template letters.

Do you think link/kearn solicitors requested the notice of assignment, default notice, statements as i requested them from kearns solicitors directly.

i never got any of them just the file returned to link.

i did get the cca copy from link, as i asked link directly outside the PAP.

[Still Waving]

The fact that Kearns returned the file to Link seems to suggest that they won't be issuing proceedings for the time being. The ball is back in Link's court (if you'll excuse the expression ).

[Mysterio]

"The debt is assigned to LC Asset 2 S.a.r.l and Link Financial Outsourcing Limited being appointed to administer and recover the account".

Can a non fca registered foreign company appoint a fca regulated company to administer and recover funds?

How can original creditor (bos) who bound by fca guidelines sell consumer debt to a non fca regulated company?

also can an "administer" (Link Financial), put a default notice on their name on debtors credit file when they are not legal owners of the debt?

Some interesting questions hopefully someone will answer.

[Roger]

"The debt is assigned to LC Asset 2 S.a.r.l and Link Financial Outsourcing Limited being appointed to administer and recover the account".

Can a non fca registered foreign company appoint a fca regulated company to administer and recover funds?

How can original creditor (bos) who bound by fca guidelines sell consumer debt to a non fca regulated company?

also can an "administer" (Link Financial), put a default notice on their name on debtors credit file when they are not legal owners of the debt?

Some interesting questions hopefully someone will answer.

Well lc asset 2 sarl - Luxembourg ".. an offshore unauthorised debt purchaser.." Link can Ask on their behalf which is one thing BUT being able to legally Sue is something else!
The CRA's is the Original Owner's Debt it stays for 6 years (5 Scotland) its the penalty for unpaid DEBIT

Look at Colin G Quinn entry here
https://all-about-debt.co.uk/forum/d...00#post1544400

[Mysterio]

Well lc asset 2 sarl - Luxembourg ".. an offshore unauthorised debt purchaser.." Link can Ask on their behalf which is one thing BUT being able to legally Sue is something else!
The CRA's is the Original Owner's Debt it stays for 6 years (5 Scotland) its the penalty for unpaid DEBIT

Look at Colin G Quinn entry here
https://all-about-debt.co.uk/forum/d...00#post1544400

Well did some googling, lc asset 2 sarl owns over 75% of asset link capital limited.

asset link capital limited is uk based and trading name for link financial outsourcing who are fca regulated.

https://register.openownership.org/e...d06c3c3e123e15

Is LC Asset 2 Sarl still unauthorised debt purchaser as they are not fca regulated but their partner company is?