CCA received is it enforceable

[Mysterio]

New to the forum was recommended by a friend, i received PAP form from Kearns back in Nov, so i disputed the debt and asked for various documents like default notice, cca, statements etc A few weeks later they stated we cant comply with cca and sent another letter stating my file has gone back to link. I also didnt receive statements etc as requested.

Fast forward to feb 23, today i received cca copy through the post.

ive emailed niddy and asked if its enforceable.

[The Tech Clerk]

send copies of the CCA to webmaster@all-about-debt.co.uk unredacred., he will look and see if enforceable or not. refer to this thread.

Meantime start a diary on here for each alledged debt:-

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 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 lender)

[Roger]

send copies of the CCA to webmaster@all-about-debt.co.uk unredacred., he will look and see if enforceable or not. refer to this thread.

Meantime start a diary on here for each alledged debt:-

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 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 lender)

As per The Tech Clerk above
I think a SAR to the original lender would be really useful because there has clearly been an exchange between them and Link.
Tactically that PAP may prove a great problem!! Seems you didn't send a S.78 CCA plus £1 to Kearns because there is protection in Law under S.78.
We need more information to help you and AAD.
In the meantime do not correspond with LINK!
Silence here and the Diary please plus that SAR!

[The Tech Clerk]

• Enter Date
  
  
  Dear Sirs,
  
  
  Reference:
  
  
  Subject Access Request - S.7 Data Protection Act 1998
  
  
  Under the Data Protection Act 1984 and 1998 also 2018 in particular to “Article 15 of the UK GDPR 2021.
  
  Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
  
  
  Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.
  
  
  If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. To include any Microfilch records.
  
  
  Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.
  
  
  If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
  
  
  You have 30 days in which to comply.
  
  
  
  Yours faithfully.

no charge send and get Free proof posting keep copy on file and diary

[Mysterio]

Thanks for your response, i have sent the CCA to Niddy to have alook.

Another thing i have not, paid this debt for over 4 years, by requesting a SAR from original creditor can that reset the Statuary barred clock?

[Mysterio]

• Type of account (credit card/loan) Credit Card
• Date commenced (ideally before Apr 2007) January 2013
• 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
• Date assigned to LC Asset 2 S.A.R.L Jan 2022
• PAP received early Nov 2022
• Sent CCA request early Nov to Link
• Returned PAP mid Nov to Kearns requesting various docs default notice etc etc.
• Kearn returned FILE back to Link end Nov 22 no documents sent to me.
• CCA RECEIVED February 2023 from Link Financial.

[Mysterio]

As per The Tech Clerk above
I think a SAR to the original lender would be really useful because there has clearly been an exchange between them and Link.
Tactically that PAP may prove a great problem!! Seems you didn't send a S.78 CCA plus £1 to Kearns because there is protection in Law under S.78.
We need more information to help you and AAD.
In the meantime do not correspond with LINK!
Silence here and the Diary please plus that SAR!

I didnt request the CCA with the PAP i requested that separately to Link a few weeks before i submitted the PAP to Kearns. However i did send copy of the cca letter request to Kearn in the pap that i have requested a CCA from LInk with the £1.

[Still Waving]

It's a pity that you didn't seek opinions here at the outset, before responding to Kearns. You might have done things differently then. To answer your earlier question, a SAR to BoS will not restart the SB clock. You would not be quoting any account references, but requesting all information they hold on you.

In the meantime - get that diary populated with the history of correspondence and events. For instance, I infer that the original owner was BoS and the current owner is Link, but there is no interim information, including date assigned.

[Mysterio]

Hi, many thanks for your response, i do regret not coming on here prior.

i did request cca from Link with the reference number on the top of letter, would that have restarted the SB clock?

date debt assigned was last january to link.

[Mysterio]

• Enter Date
  
  
  Dear Sirs,
  
  
  Reference:
  
  
  Subject Access Request - S.7 Data Protection Act 1998
  
  
  Under the Data Protection Act 1984 and 1998 also 2018 in particular to “Article 15 of the UK GDPR 2018.
  
  
  Please supply me with a copy of all information your company hold on me including a list of accounts and details of payments along with copies of statements.
  
  
  Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, I hereby request that you supply me with any and all historical data in your possession which relates to me and that I am entitled to under section 7(1) of the Act.
  
  
  If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form. To include any Microfilch records.
  
  
  Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.
  
  
  If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
  
  
  You have 30 days in which to comply.
  
  
  
  Yours faithfully.

no charge send and get Free proof posting keep copy on file and diary

What reference should i quote to request the SAR?

if i put credit card number will that reset SB clock?

[Still Waving]

Hi, many thanks for your response, i do regret not coming on here prior.

i did request cca from Link with the reference number on the top of letter, would that have restarted the SB clock?

date debt assigned was last january to link.

The idea of a diary is that you contain all this information (assignments, CCA sent, etc) within an updated post, not dribble it out piecemeal in answer to questions. That way you help us to help you, by having the complete picture in one place. At the moment your diary is basic with no history context.

Re the SAR - as I said in an earlier post, you DON'T quote any reference numbers, you are asking for everything they hold in your name.

[Mysterio]

• Type of account (credit card/loan) Credit Card
• Date commenced (ideally before Apr 2007) January 2013
• 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) DCA Link
• Date assigned to Link Jan 2022
• PAP received early Nov 2022
• Sent CCA request early Nov to Link
• Returned PAP mid Nov to Kearns requesting various docs default notice etc etc.
• Kearn returned FILE back to Link end Nov 22 no documents sent to me.
• CCA RECEIVED February 2023 from Link Financial.

I know i maybe asking basic question because i dont know, should i include my signature at the bottom of sar request?

[The Tech Clerk]

I know i maybe asking basic question because i dont know, should i include my signature at the bottom of sar request?

YES it makes it legal request

[Roger]

Ok this helps you and AAD

• PAP received early Nov 2022
• Sent CCA request early Nov to Link
• Returned PAP mid Nov to Kearns requesting various docs default notice etc etc.
• Kearn returned FILE back to Link end Nov 22 no documents sent to me.
• CCA RECEIVED February 2023 from Link Financial

Let me explain at one time AAD would have advised such as response to Kearns!
But tactics have changed and the current thinking is NOT to encourage the DCA to get their Ducks in a Row!

• 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) DCA Link
• Date assigned to Link Jan 2022

Now there is a 3 year plus what 1 month gap isn't there from Nov 2018 to the Assignment Jan 2022 !
I presume but check when this began to appear with the CRA's , the Statute Bar will be determined from the Default Notice! Not the last payment.

It may be that there are issues with the Documents held by the Original Lender! Hopefully the SAR will assist here!
SILENCE and no contact with LINK!


If you have other Debts please list these. I was where you are and AAD help me to take control and see my debts off!

[Roger]

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?