Qotn2011 tries again!

[Joanna Connolly Solicitors]

Hi Di,

i have not received any communication from Link - the Royal Mail tracker hasn’t given any further information as to whether it was delivered or not. It shows that the item was received at the Post Office but nothing else.

Is it reasonable to assume that the item was delivered or not or should I resend to CCA request?

i have not received a Notice of Assignment in regards to these debts.

Did you send two separate s77/78 CCA Requests in separate envelopes with separate £1 postal orders - one for the credit card and one for the overdraft?

Don't resend to Link at this moment in time.

Send the SAR to Lloyds to see whether the accounts were assigned to Link or not, since you say you've not received any Notice of Assignment for either. Maybe Link made direct contact with StepChange without informing you.

Wait to see what comes back in Lloyds' SAR response, but I may suggest that you send new s77/78 CCA Requests to Lloyds - but not yet (there's a reason )

Di

[Qotn2011]

Thank you Di.

I sent separate CCA requests to Link regarding each debt.

Do I need to send separate SAR requests to Lloyd’s for each debt?

[Joanna Connolly Solicitors]

Thank you Di.

I sent separate CCA requests to Link regarding each debt.

Do I need to send separate SAR requests to Lloyd’s for each debt?

You only need to send one SAR to Lloyds asking them for everything they have on file in relation to you.

If you need help with a template letter just ask.

Di

[Qotn2011]

You only need to send one SAR to Lloyds asking them for everything they have on file in relation to you.

If you need help with a template letter just ask.

Di

Thank you Di - please can you point me towards the right template letter. I had a look earlier and was unsure as to which was the right one to send.

Many thanks
Qotn

[Qotn2011]

An update from Link:

Debt 3: Lloyds

• Credit card
• c2008
• £2,200
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date 2015
• Account owed by Westcot (or possibly Link)

I have not sent a CCA for this account yet.

I shall do this over the weekend.


3/2/2020 - CCA sent (i know this was a very long weekend, but it’s done now).
CCA request send to Link who seem to be managing this debt now, not Westcots as previously thought

5/3/2020 - Letter received from Link stating:

"Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendor documentation has not been received in the 12 working day timescale.

Although the account is currently unenforceable until such time the vendor documentation has been received, the outstanding balance remains collectable and it is acceptable for creditors to register and continue reporting of a default.

This completes our obligations until Section 78 of the Act"

[nightwatch]

That's a normal reply from link, yes you asked for a CCA, yes they have passed it on, so in a way they have compleated PART of the obligations. they should of put the account on hold untill the requested paperwork is received,

so untill it is this is UE and even tho they can ask for payment, you do not have to pay anything.

[MisterK]

An interesting way that Link have of putting this.

They are trying to make out that the documentation might be just around the corner so you might as well give up on any idea of not paying.

The most likely scenario is that the documentation will never arrive - so don't let them fool you.

They also say that until such time as the documentation has beeen received, the outstanding balance remains collectable. So what exactly is that supposed to mean for the outstanding balance if the documentation is received ?

No longer collectable ?

That's not what they mean of course, but that's the way it reads if logic has anything to do with it.

And where's the statement that they cannot obtain a county court judgement. Usually you would see that.

But the fact remains that however they might try and spin it, your CCA request has produced the desired result for you.

Just keep the letter safe, ignore all demands for payment and put it out of your mind. That's what I would do......

[Roger]

Silence from now on!
Block any phone Calls and file any letters this is UE until such times as a valid CCA is produced!
Let me explain. There is a Statute Bar clock running. So we do not want to engage in tit for tat with LINK could that restart this clock for another 5/6 years do we?

[Joanna Connolly Solicitors]

Debt 3: Lloyds

• Credit card
• c2008
• £2,200
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date 2015
• Account owed by Westcot (or possibly Link)

3/2/2020 - CCA sent (i know this was a very long weekend, but it’s done now).
CCA request send to Link who seem to be managing this debt now, not Westcots as previously thought

5/3/2020 - Letter received from Link stating:

"Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendor documentation has not been received in the 12 working day timescale.

Although the account is currently unenforceable

I note that Link say "Unfortunately the original creditor . . . has been unable to comply with your request".

It may be unfortunate for Link, but it's not unfortunate for you.

It depends on which angle you are looking at it really

In fact it's not the original creditor who has to comply, it's the current owner who has that statutory obligation!

Di

[Moonmonkey]

Ooooh I have 2 cca requests with link - ex Barclaycard and Mbna credit card - hope they are UE

[Qotn2011]

Thank you Di - please can you point me towards the right template letter. I had a look earlier and was unsure as to which was the right one to send.

Many thanks
Qotn

Please could someone point me to the correct template to use?

Many thanks!

[nightwatch]

send the one that asks for anything and every thing, no fee needed as now free

[Qotn2011]

Debt 3: Lloyds

• Credit card
• c2008
• £2,200
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date 2015
• Account owed by Westcot (or possibly Link)

I have not sent a CCA for this account yet.

I shall do this over the weekend.



3/2/2020 - CCA sent (i know this was a very long weekend, but it’s done now).
CCA request send to Link who seem to be managing this debt now, not Westcots as previously thought

5/3/2020 - Letter received from Link stating:

"Unfortunately the original creditor Lloyds Bank PLC has been unable to comply with your request as the vendor documentation has not been received in the 12 working day timescale.

Although the account is currently unenforceable until such time the vendor documentation has been received, the outstanding balance remains collectable and it is acceptable for creditors to register and continue reporting of a default.

This completes our obligations until Section 78 of the Act"



2/6/2020 - letter received from Link, enclosing a copy of the agreement and terms of conditions, all printed on Link headed paper. Sent to Niddy for enforceability check (the letter says it is!)

[Qotn2011]

Debt 3: Lloyds

• Credit card
• c2008
• £2,200
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date 2015
• Account owed by Westcot (or possibly Link)

Niddy confirmed this debt is unenforceable so I shall continue with my policy of non payment!

[Warwick65]

Debt 3: Lloyds

• Credit card
• c2008
• £2,200
• Last paid September 2019 (DMP)
• Arrangement (DMP via Stepchange)
• Default - date 2015
• Account owed by Westcot (or possibly Link)

Niddy confirmed this debt is unenforceable so I shall continue with my policy of non payment!

That is what I would do