Link O/D debt

[basmati]

Hello,

Would really appreciate some help.
I have read the valuable information on the forum but would like confirmation that I’ve understood it correctly.

I had a £1000.00 O/D with Halifax in April 2019.
I made no payment towards it, so fees were added (around £57.00) and they sold it to Link in November 2019.
Link instructed Kearns Solicitors who sent me a Letter of Claim in May 2021.
I completed this asking for the

• demand/termination notice under sections 76(1) and 98(1) of the CCA 1974
• the notice of assignment
• statements detailing how debt has accrued
• list of any additional charges and interest

A couple of weeks ago, Kearns sent me:

• statements detailing how the debt accrued
• notice of assignment from Halifax
• notice of assignment from Link

I am unable to make any payment towards the debt, so I informed Link of my income and expenditure. They want me to complete an income and expenditure form.

I have just come across this website and see that a s78 CCA Request is also relevant, due to the ruling in MFS Portfolio Ltd v Phelan & West.

Is it correct to still send Link the template letter on the ‘Unenforcebale Overdrafts – CCA Information’ post?

Kearns did not send a copy of the demand/termination notice under sections 76(1) and 98(1) – am I right in thinking I should request this again?

Thank you for any help,

Bas

[Roger]

Well the answer is yes. Use the AAD s.77/78 CCA template (plus £1 I would send a Postal Order ) send by SPECIAL delivery.
Make copies of the Postal Order, the Letter, Proof of Postage as well as proof of delivery.

Link are a Group of Companies can you be more specific about who/whom Link company name appears on the notice of assignment.

Do not remind Kearns of the missing "..notice under sections 76(1) and 98(1) of the CCA 1974 .."

My advice is to NOT send in or complete an Income & Expenditure form or after sending that S.77/78 CCA request
NOR pay anything more
NOR have any communication with Link!
There is No point in restarting the Statue Bar Clock.

Also does this debt appear on the Credit Reference Agencies?

It would be helpful if you could use the AAD Diary format

• Type of account -
• Date commenced -
• Approx balance -
• Date last 'full' payment -
• Arrangement -
• Status - defaulted
• Account owner -

This helps you in taking control of your debt(s) and helps AAD Mods recommendations.

Welcome to AAD

[basmati]

Thank you for the informative response.

I will follow your instructions, exactly as you say!

However, have I acknowledged the debt?
I have emailed Link, telling them about my financial circumstances and saying I cannot make payment.
I did this twice after Kearns sent me the documents.
I completely forgot to mention that I also made a F&F settlement offer after this as well - my sister offered to help me by lending me £120.00 to make partial payment towards the debt but I offered the amount as F&F hoping they'd leave me alone knowing I have no means of paying. They rejected it with a counter offer of £846.00.
I'm really annoyed at myself now but I thought there was no getting out of an overdraft debt.

The notice of assignment says the account has “been assigned to LC Asset 1 S.a.r.l.” who have “appointed Link Financial Outsourcing Limited (Link) to service the account”.

The debt does appear on the Credit Reference Agencies – under Link Financial Outsourcing Limited

Not sure if you want me to answer the questions here or elsewhere so please let me know if I'm wrong by putting them here

• Type of account - Halifax (Royal Bank of Scotland) Current Account overdraft
• Date commenced – 02/09/2013
• Approx balance - £1,057.00
• Date last 'full' payment - Never
• Arrangement - None
• Status - defaulted
• Account owner - LC Asset 1 S.a.r.l.

Thank you for your time.

[The Tech Clerk]

» CCA Request

[Colin G Quinn]

Hi,

If you have made a full and final offer previously, you have definitely acknowledged the debt. However, there is no point dwelling on that now. No one can change the past and, as you say, you didn't know any better at the time. Chalk it up to experience.

There are already assignment issues here. The Notice of Assignment you say you have received identifies a different alleged assignee to the company who is reporting on your credit file. That brings two matters into play; either the alleged assignment is defective, or your data is being mis-reported upon.

Both of those issues are serious, for the prospective creditor.

The fact the letter of claim was sent in May and the creditor still hasn't issued a claim is a good starting point for you. Does their letter providing the documents you say they have threaten any further action if you do not respond with an income and expenditure?

I'd be happy to take a look at their latest letter if you want to email it to me, and then I'll come back to you on here. If so, my email address is in my legal disclaimer below.