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  • #16
    Originally posted by wheretostart View Post

    Luckily (?) I was experiencing printer issues, so i hadn't yet sent it.

    Niddy believes it is currently UE.

    When you say issues with this group, do you mean Kearns? Link financial? L.C Asset 2 SARL?
    Colin G Quinn Knows what he is doing!

    So don't draw ANY attention to this S.78 CCA especially if it is CURRENTLY UE.
    Let it stay that way!

    The Banking crisis meant there were rapid Banking Groups changes. Takeovers , Consolidations etc..
    This itself created issues and problems in addition to Assignment issues etc..

    Now LINK are known to sending CCA's and CLAIMING now EN !
    Well they would wouldn't they!

    Wait and see what happens next!

    Comment


    • #17
      Hi,

      Don't ask for a copy of any default notice. Unlike a Section 77/78 CCA request there is no statutory requirement for a creditor to respond/deal with your request.

      Furthermore, if they do intend to issue a claim in the future you are only putting them on notice of potential issues they may have and allowing them to consider how to 'remedy' those issues.

      If the alleged agreement is unenforceable there is no more for you to do than await any further developments and to keep your thread updated.

      Just remember, however, it is highly likely that Link are not the actual current creditor. I appreciate the correspondence you will have been receiving maybe unclear on this, along with how any record is reported on your credit report.
      Last edited by Colin G Quinn; 16 February 2022, 21:43.
      Legal Disclaimer

      I am a Litigation Executive at
      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #18
        This morning, Kearns tried calling me. It was using a withheld number, and they left an automated voicemail. If I remember correctly, doesn't the CCA template specify all contact should be letter only?

        Comment


        • #19
          Originally posted by wheretostart View Post
          This morning, Kearns tried calling me. It was using a withheld number, and they left an automated voicemail. If I remember correctly, doesn't the CCA template specify all contact should be letter only?
          Harassment by Telephone send and keep copy on file - get free proof of posting
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #20
            Originally posted by The Tech Clerk View Post

            Harassment by Telephone send and keep copy on file - get free proof of posting
            I would wait and see if they call again, making a list of dates and times, that way you have more chance of them accepting it as harassment.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #21
              Claim form has arrived this morning. Now I'm worried!

              Comment


              • #22
                Hi,

                If you would like me to take a look at the Claim Form my email address is in my legal disclaimer below.

                I wouldn't be overly worried.
                Legal Disclaimer

                I am a Litigation Executive at
                Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #23
                  Hi,

                  I have received your email and I have responded.

                  There is likely even less need to be worried now that I have seen the Claim.

                  Given the date of the alleged credit agreement it is likely unenforceable and, if it is, it would be irredeemably unenforceable meaning a Court could never enter Judgment.

                  Legal Disclaimer

                  I am a Litigation Executive at
                  Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                  Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                  Comment


                  • #24
                    Originally posted by Colin G Quinn View Post

                    There is likely even less need to be worried now that I have seen the Claim.

                    Given the date of the alleged credit agreement it is likely unenforceable and, if it is, it would be irredeemably unenforceable meaning a Court could never enter Judgment.
                    What a difference an hour makes


                    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • #25
                      I haven't returned to the forum for some time, having had Colin working on the case, the claim was discontinued. However, it does still show on my credit record as in default. Is there anything else I need to do with this?

                      I'll update again shortly, as I have received some further correspondence with another of the alleged debts

                      Comment


                      • #26
                        Originally posted by wheretostart View Post
                        I haven't returned to the forum for some time, having had Colin working on the case, the claim was discontinued. However, it does still show on my credit record as in default. Is there anything else I need to do with this?

                        I'll update again shortly, as I have received some further correspondence with another of the alleged debts
                        Which account are you talking about? What was the reason for the discontinuation, and when was it discontinued?
                        Last edited by Still Waving; 2 December 2022, 17:39.

                        Comment

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