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  • #46
    There are no silly questions , good luck. Xx
    if you do it today and you like it you can always do it again tomorrow


    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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    • #47
      Sent copy of cca to webmaster@aad. Had a reply this morning says it is unenforceable and doesn't satisfy my s78 request. Not sure what I do next as link state in there letter they have satisfied my request and the debt is now enforceable and I need to contact them with a payment plan. If link believe the debt is enforceable and I now know it isn't what are my next steps please?

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      • #48
        Originally posted by N888 View Post
        Sent copy of cca to webmaster@aad. Had a reply this morning says it is unenforceable and doesn't satisfy my s78 request. Not sure what I do next as link state in there letter they have satisfied my request and the debt is now enforceable and I need to contact them with a payment plan. If link believe the debt is enforceable and I now know it isn't what are my next steps please?
        No communication with LINK so File and await their next letter.
        The last thing you want is for LINK to put any errors Right and turn that UE CCA into EN.

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        • #49
          they are not going to say different are they, sit on your hands for now
          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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          • #50
            Originally posted by N888 View Post
            Not sure what I do next as link state in there letter they have satisfied my request and the debt is now enforceable and I need to contact them with a payment plan. If link believe the debt is enforceable and I now know it isn't what are my next steps

            Well they would say that wouldn't they

            Your next step is to do nothing. Wait for them to make the next step.

            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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            • #51
              After some more advice please. I have just noticed that I still have the 1 monthly standing order with link financial. As I have been told the cca I was sent is unenforceable do I now cancel this or keep it going. Also my concerns are if I cancel the 1 monthly payments are they more likely to start court action?

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              • #52
                I didn't want to read and run , I am not entirely sure how to answer ,but I am sure your answer will come shortly.
                if you do it today and you like it you can always do it again tomorrow


                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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                • #53
                  As the agreement was deemed unenforceable I personaly would stop the payment, you said the agreement sent had your current address on it so it is not the agreement you signed when you took the card out,
                  stop payments and see what happens
                  expect lots of calls from them do not go through security with them on the phone, tell them all communication is to be in writing and hang up.

                  NW x
                  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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                  • #54
                    Thanks very much for your advice. I will stop the payments and see what happens next. Is there a high chance that they will take me to court as they believe they have satisfied my cca request?

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                    • #55
                      Morning.
                      you are a long way off court proceedings,
                      they have sent you what you asked for, But, for it to go to court it has to be an original agreement, plus there's a lot of other things that have to be done correctly on their part
                      we will cover those another time,

                      Llink say it is enforceable only because they have sent what you asked for, they have no idea if it is enforceable in court because no solicitor has looked at it.
                      They are hoping you know nothing about it having to be a true copy, or that the original agreement must be produced in court if asked for.
                      They just hope to scare you into paying something.

                      Link have 4 accounts of ours. 1 they sent T+C no agreement. Another was just an unsigned copy of an application. The other 2 we are still waiting for any paperwork.
                      The first two they keep insisting are enforceable, and ask for a repayment plan to be set up. Last two they send statements for,, but they are all now SB one day I may tell them.
                      NW
                      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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                      • #56
                        Thanks so much for your reply. It's really comforting to know I can come on here and get great advice and help.

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                        • #57
                          Originally posted by N888 View Post
                          Is there a high chance that they will take me to court as they believe they have satisfied my cca request?
                          Only a clairvoyant can answer that question ("will they take me to court")

                          But there's a big difference between being "taken to court" and winning in court! Trust me on that one.

                          Section 77-79 CCA is for 'information' purposes not 'proof' purposes (i.e. secondary evidence).

                          So you may be sent 'something' in response to your CCA Request but the ultimate legal test is whether that 'something' is compliant with other sections of the Consumer Credit Act which is what they'll have to ultimately prove in court (if things get that far).

                          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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