Diary

[ttx]

Is this the one you were told was unenforceable?

Does the letter say they are going to take any action or are they just introducing themselves?

My debts have been dealt with by a lot of different companies and I just ignored them unless action was promised.

Not sure if enforceable but they did send the original application form, t&cs and have also sent annual statements. Although it states that this was assigned to IDR Finance all correspondence I have is from either Link or MBNA however I cannot be certain that I did not receive anything from them, I just haven't had anything from when I got organised and started to file everything.

The letter says that failure to respond within the stipulated period will result in court proceedings being issued without further notice.

[MisterK]

If Ive got this right, MBNA sent a CCA in 2013 and they claimed it was enforceable. Whether it was or not, 12 years later IDR may not be able to produce the same documentation and if they don't have it in their possession they may have only a slim chance of getting it from MBNA now. Unless things have changed then sending a CCA request could well have the effect of pausing the 30 day count and might result in it being stopped altogether if they can't produce a compliant CCA.

But I would also get some input on this from someone who might be more up to date than I am just in case there's a good reason not to CCA IDR at this point in time.

[ttx]

If Ive got this right, MBNA sent a CCA in 2013 and they claimed it was enforceable. Whether it was or not, 12 years later IDR may not be able to produce the same documentation and if they don't have it in their possession they may have only a slim chance of getting it from MBNA now. Unless things have changed then sending a CCA request could well have the effect of pausing the 30 day count and might result in it being stopped altogether if they can't produce a compliant CCA.

But I would also get some input on this from someone who might be more up to date than I am just in case there's a good reason not to CCA IDR at this point in time.

Thanks for your reply.

It was Link who sent the CCA 08/19 and said it was provided to them by MBNA and enforceable.

[Ballister]

Unenforceable!

Did Niddy give a reason why he considered the CCA to be unenforceable?

[Sparkles]

Looking at the MSE forum, Link and Kearns seem to have sent a lot of LBAs recently.

If it's a proper LBA then I think you'll need to respomd to avoid court action. As they have sent something and claim it was enforcable I would probably tick box C and ask for the CCA, and then if they are able to supply again look at why it might not be enforcable. Why did Niddy say it was unenforcable? You could also ask JCS for advice before you do anything. There is more information below:

https://debtcamel.co.uk/letter-before-claim-ccj/
https://joannaconnollysolicitors.co.uk/

[ttx]

Did Niddy give a reason why he considered the CCA to be unenforceable?

I believe it was because part of the terms were blurry (I assume from when it was scanned).

[XX007]

Looking at the MSE forum, Link and Kearns seem to have sent a lot of LBAs recently.

If it's a proper LBA then I think you'll need to respomd to avoid court action. As they have sent something and claim it was enforcable I would probably tick box C and ask for the CCA, and then if they are able to supply again look at why it might not be enforcable. Why did Niddy say it was unenforcable? You could also ask JCS for advice before you do anything. There is more information below:

https://debtcamel.co.uk/letter-before-claim-ccj/
https://joannaconnollysolicitors.co.uk/

They do sound serious so I would agree with Sparkles.

I suppose if they issued loads they will be busy so use as much of the 30 days as you can before responding.

[ttx]

UPDATE

Long time since posting but I have received recent correspondence regarding the below that I would appreciate some advice on please;

Link
£1980
MBNA credit card
opened 2001 defaulted 2013
provided CCA

No payments have been made since 03/20.

I have now received a letter of claim from Kearns Solicitor stating that they have been instructed to act on behalf of IDR Finance UK II Ltd.
The account was legally assigned to IDR Finance UK II Ltd 06/13 with Link Financial Outsourcing Ltd being appointed to administer and recover outstanding debt.
They have given 30 days to respond.

Any advice on this please?

I have just received another letter from Kearns as follows;

Claimant: IDR Finance UK II Limited
Reference No: gives the number of

We confirm that this account has been returned to Link Financial Outsourcing Limited as Servicer on behalf of the Claimant.

Then goes on to say if I haven't already agreed a repayment plan contact Link directly.


I hadn't yet completed the reply form they originally sent as I was waiting until just before the 30 days they gave.

Does this mean now they have sent this they can't just issue court proceedings without sending another letter of claim or does the letter of claim they sent still stand.

Not sure whether to send the reply form now and start them off again but I also don't want a to be issued with court proceedings out of the blue!

Anyone have advice or insight please?

Thanks.

[Ballister]

It looks like Kearns have decided not to pursue this debt through the Courts. If it were me I wouldn't reply to the LBA. You could always have a chat with JCS and see what they advise

[XX007]

Yes I would be inclined to see what happens next before doing anything else.

[XX007]

Yes I would be inclined to see what happens next before doing anything else.