CCA received is it enforceable

[Roger]

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?

They are also registered in Luxemburg

See Gerry Jemitus
Look here https://all-about-debt.co.uk/forum/d...30#post1546130
"..
On the issue of FCA authorisation, claimants argue that they are exempt. This is a very technical argument, but there are equally complex counter-arguments. It is not uncommon to spend three hours in court arguing this very point.
.."

[Mysterio]

Response received for SAR from Halifax

"We require additional information to continue our searches, So that we can continue with your request could you please provide a Loan/Card/Mortgage number or any Halifax bank account numbers as this might help us to identify your information. Alternatively please let me have your date of birth, and any previous addresses not already supplied."

They gave me separate sheet to add accounts and my prior address/ date of birth and also they want my SIGNATURE.

Should i provide them with my signature, i have old isa acc, which was never used, intelligent finance which use to be owned by halifax.

I dont want to give my credit card numbers as that would admit the debt?

any advice please.

[Mysterio]

Well i phoned halifax, gave dob, prior address and an old savers account i never used. I asked for all information they hold on me like my original letter requested.

[Still Waving]

Well i phoned halifax, gave dob, prior address and an old savers account i never used. I asked for all information they hold on me like my original letter requested.

You said in your late updated diary that the original creditor was Bank of Scotland. If that is accurate then why are you asking for a SAR from Halifax, rather than contacting Bank of Scotland direct at their Hove address? They are separate entities within the Lloyds Banking Group, and will have their own separate customer accounts.

[Mysterio]

You said in your late updated diary that the original creditor was Bank of Scotland. If that is accurate then why are you asking for a SAR from Halifax, rather than contacting Bank of Scotland direct at their Hove address? They are separate entities within the Lloyds Banking Group, and will have their own separate customer accounts.

i did send it to BOS the address was on their website. But letter came from Halifax letterhead today.

https://www.bankofscotland.co.uk/sec...n-we-have.html

Data Subject Access Request Team (C41)
Charlton Place
Charlton Road
Andover
Hants
SP10 1RE

*Just checked Halifax SAR request, they too have the same address. So i will phone them up on monday. Doh!

https://www.halifax.co.uk/securityan...n-we-have.html

[Still Waving]

As it's the same address and the same team (C41) they should be able to process your request on the basis of the info (DoB, previous address) which you have already given them, and provide detail on any and all accounts in your name, without you quoting any references.

If you sent the original request by post, with the benefit of hindsight it would have been prudent to address it to BoS as part of the whole address (perhaps you did). Regarding your signature - your were advised earlier in this thread in answer to your question, to sign the request to make it legal.

[Mysterio]

Ok so SAR has arrived, loads of statements.

Same credit agreement is present as the one sent by link financial.

Copy of Few letters from old dca's requesting i repay when account was with the bank

no default notice is in their, just a log saying debt sold to link.

should default notice copy be in sar request? No assignment letter to link also.

whats suppose to be in SAR to original bank which is required by debt purchaser to successfully win a case in court?

thanks in advance..

edit:

just seen this in sar docs
"copies of default, enforcement, termination and assignment notices are not saved by customer name so we are unable to provide copies under a data subject access request"

so it seems requesting a SAR was pointless, they can just make copies of these said documents as when they feel like it or requested..?

[Roger]

Ok so SAR has arrived, loads of statements.

Same credit agreement is present as the one sent by link financial.

Copy of Few letters from old dca's requesting i repay when account was with the bank

no default notice is in their, just a log saying debt sold to link.

should default notice copy be in sar request? No assignment letter to link also.

whats suppose to be in SAR to original bank which is required by debt purchaser to successfully win a case in court?

thanks in advance..

edit:

just seen this in sar docs
"copies of default, enforcement, termination and assignment notices are not saved by customer name so we are unable to provide copies under a data subject access request"

so it seems requesting a SAR was pointless, they can just make copies of these said documents as when they feel like it or requested..?

BUT does the SAR show the date of Issue of default, termination?
Because the Default Notice is a complex and legal CCA Document with Dates and terms which if entered incorrectly render that document VOID.

So the SAR tells you they don't keep copies!
You are just as interested by what ISN'T available as opposed to what is available!
Now if they haven't got copies then Link can't have copies can they!
In the SAR who in the Link Group was Assigned the Debt? Because not all of this Group are Authorised!

[Night Monkey]

So the SAR tells you they don't keep copies!

Which will be very valuable information should one be produced in the future...

[Mysterio]

BUT does the SAR show the date of Issue of default, termination?
Because the Default Notice is a complex and legal CCA Document with Dates and terms which if entered incorrectly render that document VOID.

So the SAR tells you they don't keep copies!
You are just as interested by what ISN'T available as opposed to what is available!
Now if they haven't got copies then Link can't have copies can they!
In the SAR who in the Link Group was Assigned the Debt? Because not all of this Group are Authorised!

I think you have to request default notice separately as they claim they dont store with name. So link can request copies.

The SAR does show a timeline of events for my acc, i can see termination date but no letter confirming this.

There is also log in their not a letter but states debt sold to Link Financial. Debt was sold to LC Asset Sarl according to past PAP.

below is image showing they cant issue DN etc with SARs.

https://ibb.co/QnZF6kT

[Mysterio]

Which will be very valuable information should one be produced in the future...

They state they are not stored with my name, if i require copy of my documents i should contact collections.

https://ibb.co/QnZF6kT

[Night Monkey]

They state they are not stored with my name, if i require copy of my documents i should contact collections.

I could be overthinking this, but that's not my reading of the image you've uploaded. Of the two final paragraphs, the first one states that 'letters to Collections will have been detailed in the attached' and physical copies destroyed, and the other that 'copies of default, enforcement, termination and assignment notices' are not saved under customer name and are therefore unavailable under a DSAR.

I leave it for others to comment on how this affects their ability to pursue a claim.

[Mysterio]

I could be overthinking this, but that's not my reading of the image you've uploaded. Of the two final paragraphs, the first one states that 'letters to Collections will have been detailed in the attached' and physical copies destroyed, and the other that 'copies of default, enforcement, termination and assignment notices' are not saved under customer name and are therefore unavailable under a DSAR.

I leave it for others to comment on how this affects their ability to pursue a claim.

Third paragraph from bottom it states if you require documents we can recreate it and send you copy.

Is this allowed? How can they prove they sent DN if they making copies surely it should be on file?

[Night Monkey]

Is this allowed?

That's getting into an area I'm not comfortable commenting on, although it is a topic that is discussed here regularly - I'm sure others with more knowledge will chip in. JCS have had some notable successes in this area, and this page makes interesting reading.

[The Tech Clerk]

Brandon - de-minimus case on default notices come to mind:-


Some solicitors quote from the "White Book" stating a section overrides judgments I found out thru my HSBC case. judge nearly threw out case until that was shown them then they completely ignored my request through set aside hearing for copy of CCA1974.