Vaper's Diary

[Joanna Connolly Solicitors]

• • Co-op 1 My Debt
• • Type of account -Credit card
  • Date commenced - 14/09/07
  • Approx balance - £6000
  • Date last paid- 18/04/17
  • Are you on arrangement or not paying- Not paying
  • Status- Defaulted
  • Account owner- Link Financial

14/06 17 We need to speak to you as you have missed a repayment
19/06/17 Review - we have reduced your credit limit as payments have not been made on time
28/06/17 Make a payment to bring your account up to date
17/07 17 Bring your account up to date or we will issue a default
24/07/17 We have cancelled your card
24/07/17 Default notice pay £xxxx within seven days
21/08/17 Final Demand, we might pass your account to a DCA
13/10/17 Letter from Link Financial give notice that your account has been assigned to us. furthermore Link assigned your debt to Asset Link Capital (no5) Limited As a result your debt is now owed to ALC5 but Link remains as the servicer.

13/10/17 Letter from co-op and Link informing that the debt has been assigned to Link Financial.
15/11/17 Letter asking for payment.
08/12/17 We are validating your address.
14/12/17 Letter asking me to contact them.
24/01 18 We have validated your address - contact us.
12/04/18 Statement of account.
13/07/18 CCA request sent to Link with postal order.
23/07/18 We have not written for a while as we had to validate your address - contact us
01/08/18 Letter informing me that credit rating could be damaged.
30/08/18 Offer from Link to pay the balance over 4 years.
12/10/18 Statement of account.
12/04/19 Statement of account.

Link replied to our coop CCA's ages ago. They said they can't find the paperwork for hubbys account, so for now that one remains Unenforcable. They did send paperwork for mine though, which I will send to niddy this week for checking.

This is in relation to your account in the above post where you sent the s77-79 CCA Request in July 2018.

What took them so long to respond

Send it to Niddy for checking but also send a Subject Access Request to Co-op to see what information and data they have on file, and check the Transaction Log for mention of any interaction between Link and the Co-op.

It's not only the credit agreement which can make a debt unenforceable. I see this debt was assigned to Asset Link Capital (No 5) Ltd which is not authorised by the FCA to issue legal proceedings.


Jo explains this here >

On 24 April 2019 I was successful in a consumer credit claim appeal. The Claimant debt purchaser admitted they were not authorised by the Financial Conduct Authority but said they could rely on the S.55 FSMA 2000 exemption because they had a valid servicing agreement in place with an affiliated 3rd party who was authorised by the Financial Conduct Authority.

It was accepted by both parties on the facts of the case that there was a valid servicing agreement in place. The issue was could the Claimant debt purchaser rely on the S.55 Exemption to issue proceedings in the county court.

The Circuit Judge held as a general principle of law that the Claimant debt purchaser was not able to rely on the FCA authorisation of an affiliated 3rd party (and the exemption under s.55 FSMA) for the purpose of bringing a claim. The agreement was unenforceable, and the order of the court below was set aside, and the Claim dismissed

Di

[vaper]

Yes it is Di. I will send to Niddy and SAR co-op this week when I get chance.
Looks like we have another battle ahead

[Joanna Connolly Solicitors]

Looks like we have another battle ahead

Maybe, maybe not - but that doesn't mean they'll win.

High Noon is one of my favourite films

Di