Link financial outsourcing being difficult, now got a final response.but confused

stu12345_2

the only 2 creditors that haven't even acknowledged the CCA letter are JD Williams for a tiny catalogue debt and RBS for a credit card debt that never defaulted.
both letters went to correct street and town addresses, which aren't po box numbers.

Grumpelstiltskin

You sent them cheques? If so have you checked if they have been cashed?

sourcrates

Its quite common for creditors or debt collectors acting on their behalf, to ignore such requests, or not acknowledge receipt of them, claim they never received them, or just simply ignore them completely.

The Court of Appeal has held that service by Royal Mail’s Signed For 1st Class postal service is deemed to take place on the second working day after the item is posted. 

So on that basis the original timescale for service still stands regardless of whether the creditor confirms receipt of your request or not, and the account it pertains to will still remain unenforceable until such time a satisfactory response has been received.

stu12345_2

none cashed the cheques,so you are saying if a creditor fails to acknowledge my CCA request the debt becomes automatically unenforceable.

it is over 5 weeks since my request with 1st class recorded delivery signed for.

Grumpelstiltskin

Stu Give it 6 months and see if you have heard anything them, in the meantime just don't do anything, don't pay anything.

stu12345_2

Grumpelstiltskin said:

Stu Give it 6 months and see if you have heard anything them, in the meantime just don't do anything, don't pay anything.

yes, I will, would the letter I wrote be the last ever form of  written communication  with them if I hear nothing back and then decide to wait out the 6 year statute barred limit ( as telephone conversations don't count). hence don't even send them reminders as that resets the clock.

freshstart2023

Rob5342 said:

This is pretty typical, it was about three months before PRA wrote to me to say that Barclaycard couldn't produce the CCA.

Rob, how long did you leave it before requesting your CCA from PRA? My credit card with Barclaycard has just defaulted and has been sold to PRA. I took out the card in 2011. Was wondering whether to wait or request it now. Thanks 

Rob5342

freshstart2023 said:

Rob5342 said:

This is pretty typical, it was about three months before PRA wrote to me to say that Barclaycard couldn't produce the CCA.

Rob, how long did you leave it before requesting your CCA from PRA? My credit card with Barclaycard has just defaulted and has been sold to PRA. I took out the card in 2011. Was wondering whether to wait or request it now. Thanks 

I made the request 16 months after they bought the debt, quite simply because I didn't know about making CCA requests before then. Mine was an old 2001 Egg card debt and I'd heard elsewhere that Egg CCAs were very unlikely to be found.

I wouldn't rush to request the CCA, wait at least 6-12 months I'd say. It's all a game of chance but you'd want there to be some chance they might have started getting rid of data.

stu12345_2

freshstart2023 said:

Rob5342 said:

This is pretty typical, it was about three months before PRA wrote to me to say that Barclaycard couldn't produce the CCA.

Rob, how long did you leave it before requesting your CCA from PRA? My credit card with Barclaycard has just defaulted and has been sold to PRA. I took out the card in 2011. Was wondering whether to wait or request it now. Thanks 

my Barclaycard is 10 years old ,it was sold to pra within 3 months,I only did the CCA requests 21 months later as I was with stepchange and didn't know any better. 
now I'm doing it alone,PRA said in a letter they are looking for it and it may take 8 weeks min

stu12345_2

got 2 letters from link today 
one dated Dec 5 saying payment overdue£17.74 for newday LTD account ( aqua card debt) which LC Asset 2 bought in July 2023 and is using link to collect for them. stating please pay arrears of my plan or contact them or they will default me.
this is my only debt that never defaulted even though it was sold on once .

second letter dated Dec 1 is the consumer credit agreement I requested.they state it is enforceable.  and contact them to make a payment plan if there is not one in place.
it also states the account is terminated, what does that mean.

what next?  don't set up a standing order ,don't contact them. cos I need it to default before I enter a repayment plan

ps.no statements were enclosed with the CCA even tho I requested both. only the current balance at top of the initial letter  which states account closed, current balance payable immediately.