Rubywisp's unenforceability diary

[Spud]

Just as others have said, As tempting as it may be, Don't ask them for anything more just yet. You may find that you have a situation that will help you win the day here, You wouldn't want to go upsetting that - Silence is indeed golden - Take it from me

Send the CCA reply to Niddy as suggested

The email of 18th September you refer to - Is that a CCA send to Niddy? ( I have not read back yet to clarify)

He is extremely busy with work at the minute and a volunteer here, The same as anyone here so naturally will take a bit of time to come back to you ( I know you appreciate this - Just saying)

As long as its not pressing ( Imminent legal action etc) wait a few more days and then just send a brief polite reminder email, He wont mind as its easy to miss something when your dealing with 100's of emails a day

Your doing great

[rubywisp]

At this stage don't ask anything from them!
Following a CCA the best answer is silence!

They will soon write in which case post details in your Diary!

In their letters they will often include a phrase such as ".. previously owned by Asset Link Capital (N01) Limited is being serviced by Link Financial Outsourcing Ltd .."
In this example Asset Link Capital (No1) Limited - That Company isn't NOT Authorised by FCA .

You need from now on to keep and file letters as well as making Notes of Phone Calls, Txt's letters etc Silence to all of these!

Details such as the Debt Owner are important for your NOTES.

Thank you Roger. I really appreciate your response.

[Roger]

Many thanks for your response. It is Link Financial Outsourcing Limited that are currently writing to me. The CRAs just have it showing as Link Financial Mbna (I) or Link Financial. I only have very recent letters from them as I chucked all of my paperwork in a decluttering phase. I don't have the letter of assignment. Is it something that I should request from them?

At this stage don't ask anything from them!
Following a CCA the best answer is silence!

They will soon write in which case post details in your Diary!

In their letters they will often include a phrase such as ".. previously owned by Asset Link Capital (N01) Limited is being serviced by Link Financial Outsourcing Ltd .."
In this example Asset Link Capital (No1) Limited - That Company isn't NOT Authorised by FCA .

You need from now on to keep and file letters as well as making Notes of Phone Calls, Txt's letters etc Silence to all of these!

Details such as the Debt Owner are important for your NOTES.

[rubywisp]

Link would of course say that!

Account Owner? Link
Link are a Group of Companies! Look back at their letters and find exactly which Link Company was Assigned this Debt! Not necessarily the Link Company writing to you!
NB Not all of the Link Companies have FCA authority.

Many thanks for your response. It is Link Financial Outsourcing Limited that are currently writing to me. The CRAs just have it showing as Link Financial Mbna (I) or Link Financial. I only have very recent letters from them as I chucked all of my paperwork in a decluttering phase. I don't have the letter of assignment. Is it something that I should request from them?

[Roger]

Link would of course say that!

Account Owner? Link
Link are a Group of Companies! Look back at their letters and find exactly which Link Company was Assigned this Debt! Not necessarily the Link Company writing to you!
NB Not all of the Link Companies have FCA authority.

[rubywisp]

MBNA/ Link Financial

Type of account Credit card

• Date commenced 30/07/2012
• Approx balance £2609
• Date last paid - paid via self managed DMP. Last payment 1st September 2019
• Are you on arrangement or not paying In an arrangement
• Status Default July 2014
• Account owner Link - Debt Purchaser

3rd September 2019 CCA request sent with £1 postal order
5th September 2019 Letter signed for
5th October 2019 CCA received with letter stating it is enforceable. I will send to Niddy for checking though. I am still waiting on my other email from 18th September. I know everyone is busy but I'm getting twitchy

[The Tech Clerk]

@Never-In-Doubt

[rubywisp]

Hi

Is there any chance of having my email looked at this week at all please as I'm due to pay Barclays and they have sent me paperwork that I've emailed in for checking. Really sorry to chase.

[rubywisp]

Thank you for that. Just wondering about the payment that goes out at the beginning of October. Withholding payment on an arrangement feels scary!

[Ballister]

I got a reply after about 8 days at the start of September. Think Niddy has been quite busy

[rubywisp]

Hi I was wondering how long it might be for someone to look at my email? It was a response from Barclays

[rubywisp]

Morning, I was wondering how long it normally takes for paperwork to be checked via email . Save me furiously checking constantly. I just admit I am scared of standing up to barclays! I've just moved my direct debit account from them just in case!

[rubywisp]

Deleted message as managed to edit the first posts with updates

[rubywisp]

Barclays Staff Loan

• Type of account Loan
• Date commenced January 2011
• Approx balance £1968
• Date last paid via self managed DMP September 2019
• Are you on arrangement or not paying On an arrangement
• Status (default/in arrears/up-to-date) Interestingly Staff loans say that the account was defaulted some time in December 2013 but this account has never appeared on any of the credit reference agencies
• Account owner (who is writing to you, a DCA or the lender) Lender

3rd September 2019 I have sent a GDPR request as advised Barclays to see what information they hold on me in relation to the default. Will do a CCA in due course.

8th September 2019 S77/78 CCA Request sent

18 September 2019 letter received from Barclays recoveries stating that they do not need to send me a signed original form of the agreement. Sent me a copy of the direct debit form and a signed copy of a "fixed sum loan agreement regulated by the consumer credit act 1974“

I will forward copies of the paperwork to niddy.

[rubywisp]

At least you've realised the omission

Make sure you send the second/replacement s77/79 CCA Request by Royal Mail Recorded Delivery so there can be no ambiguity as to which one they're responding to. Keep a photocopy/photo of the postal order too.

Di

Will do thank you. The last one went RD too.