CCA received is it enforceable

[The Tech Clerk]

Consumer Credit Act default notices

[Roger]

BUT can Link issue a Claim?
Seems the DSAR is proven incorrect!! So how reliant is any Document from that Lender? Because it wasn't sold to Link it was LC Asset Sarl
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!

[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
• SAR received March 23- SAR stated debt sold to Link Financial but past PAP received from Kearns Solicitors state its belong to LC Asset Sarl
• BOS state default notice, notice of assignment etc not included in SAR, they can recreate and copy can be sent if needed.

updated

[Still Waving]

BUT can Link issue a Claim?
Seems the DSAR is proven incorrect!! So how reliant is any Document from that Lender? Because it wasn't sold to Link it was LC Asset Sarl

It used to be that a creditor could provide a 'reconstituted' copy of an agreement in answer to a request under CCA74. Is that still the case, and is it accepted at court? BoS seem to be saying that, if necessary, they can 'recreate' a default notice. Would that be accepted at court, and how would it be proven that the original was compliant?

[Mysterio]

It used to be that a creditor could provide a 'reconstituted' copy of an agreement in answer to a request under CCA74. Is that still the case, and is it accepted at court? BoS seem to be saying that, if necessary, they can 'recreate' a default notice. Would that be accepted at court, and how would it be proven that the original was compliant?

Exactly, anyone had any experience with BoS or lloyds. Can they do this?

[Roger]

It used to be that a creditor could provide a 'reconstituted' copy of an agreement in answer to a request under CCA74. Is that still the case, and is it accepted at court? BoS seem to be saying that, if necessary, they can 'recreate' a default notice. Would that be accepted at court, and how would it be proven that the original was compliant?

S.78 is to provide a TRUE copy of the CCA and the A/c is UE until this is satisfied!
However its doesn't follow that a S.78 will stand up in Court as evidence of an Actual CCA

Same will apply to say a Default Notice or other Statutory Document! In the Case of BOS and its separate Banks. These were cobbled rapidly together during the Banking Crisis. This causes endless headaches for BOS especially as to whether they can issue Statutary Documents in BOS name when they were not the original Lender (of a previous independent Bank) is legally true.

Don't presume anything with the BOS group without taking legal advice!