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  • #31
    Originally posted by Diana Mayhew View Post
    My advice is to send another s77-79 CCA Request including your address and the date on the letter this time. Otherwise they could argue in court that they didnít reply because they didnít know whoíd sent it.
    They could also argue that thereís no proof theyíve not complied within the statutory timeframe since thereís no date on your request to say when the clock started ticking.
    You may have proof of an envelope having been delivered by Royal Mail but that doesnít evidence what was inside that envelope.
    Sorry to sound pedantic but itís better to be safe than sorry especially with a debt of £11k.
    You'll need to include another £1 postal order Iím afraid but itíll be worth the investment.
    Di
    There are a number of Diaries now where LINK haven't acknowledged CCA s.78 Requests. The Recorded Delivery isn't always signed.
    But if you have the Postal Order (receipt and Number) then you can check whether this has been Paid!



    However in this Case and with the LINK I think that Di's advice should be followed. Di pointed out the problem with NO ADDRESS and NO DATE from a legal perception and as She Says Better to be safe than sorry!

    Simply bit the bullet and send a New CCA S.78 request (plus PO £1) noting the PO Number!!
    Let this be your only reply in this matter! Silence!

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    • #32
      I will send another cca request on Monday including address and date. I apologise if it seemed like I was ignoring people's advice I am just a bit confused by it all at the moment. I really appreciate everyone's help so far.

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      • #33
        Originally posted by N888 View Post
        I will send another cca request on Monday including address and date. I apologise if it seemed like I was ignoring people's advice I am just a bit confused by it all at the moment. I really appreciate everyone's help so far.
        Confused? I don't blame you LINK do not seem to acknowledge S.78 CCA, the pattern seems to be to barrage with sms, phone calls, emails almost everything except it seems letters!

        However we can keep things very simply here. Follow Di's advice to the letter with Address and Date etc..
        Then whilst that CCA Request is outstanding, ignore LINK! Silence

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        • #34
          Second cca request sent today with another £1 postal order. This time including date and address.

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          • #35
            RECORDED DELIVERY
            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.

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            • #36
              Yes sent 1st class recorded. Have filed receipt for postal order and delivery with a copy of the letter which included my name, address, date and account number.

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              • #37
                Originally posted by N888 View Post
                .".I have today received my 6 month statement with the usual arrears notice and noticed on my statement that on 28/2/18 there is a debit on the account which says recoverable charge section 77/78 request (SEC). This actually increased my balance by £1,,"..
                Well done and Good Luck

                I now have better background on that LINK entry!
                Looking at that statement 28/2/18 there will be two entries! A Credit and Debit for £1 referring to section 77/78 request(SEC).
                The Double entry Credit and Debit is recording the receipt of the £1 BUT NOT increasing or decreasing the starting and ending balance.

                You will No doubt see the same entry in what? say August 2018 statement (6 months time) for this second 77/78 Request! A Debit and Credit entry for £1

                Now this second request is doing two things.
                1/ Its legally ticking all the boxes (see Di's comments)
                2/ Its also an implicit criticism of LINK and their perceived current Policy of NOT confirming receipt of S.77/78 NOR suspending Collection Activity until this has been resolved!! This is against the guidelines!

                Your second request doesn't mean that they have a second bite at the Cherry , so to speak! It doesn't change the status of this Debt. Unless LINK come back in 14 days (12 + 2) its UNENFORCIBLE and remains so until such time as the S.77/78 CCA Request is fulfilled.

                The Law permits you to send more than one S.77/78 CCA request by the way!

                There are also a number of other ways that render Debts UE within the Consumer Credit Act 1984 (Law) as well as and including possible Assignment issues etc. etc.. So make certain that your filing is up to date.Read other Diaries etc.. make notes (for yourself) of what your learn (or read between the lines).

                With LINK ignore them from now on! Post up here anything that you are uncertain off or they might have sent you and you will get guidance.
                Silence until LINK can produce a CCA in response to your request!

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                • #38
                  Thanks roger for all your help I really appreciate it. Just one more question when you say ignore link if they don't get back to me with cca do I stop the £1 monthly payments or do I just continue to pay it indefinitely.

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                  • #39
                    Originally posted by N888 View Post
                    Thanks roger for all your help I really appreciate it. Just one more question when you say ignore link if they don't get back to me with cca do I stop the £1 monthly payments or do I just continue to pay it indefinitely.
                    The Legal Position is set out in the CCA Letter. LINK can legally ask (which is why they continue to pester with phone calls txts etc.. ) BUT note the following
                    You know from their February Statement (with the S.78 CCA £1 credited and debited) that they are aware of your request. That's 3 months ago!
                    If it was me I would cancel these payments after the 12 working days and without advice to LINK!

                    "..
                    If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

                    1.make the debtor pay the debt before they're supposed to

                    2.get a court judgment against the debtor
                    .."


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                    • #40
                      Originally posted by N888 View Post
                      Second cca request sent today with another £1 postal order. This time including date and address.

                      *phew*

                      Di
                      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 di@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

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