who is correct, PRA or Link financial

stu12345_2

I had created two recent threads concerning results from link, pra and moorcroft about CCA and statements requests. I posted some updates on them this morning 

I wish to add that PRA emailed me today stating they are waiting to see if Barclaycard can ever produce historical statements about my account. PRA produced  the CCA last week in the post and said account unenforceable until all documents produced cos of my CCA and statement request of the consumer credit act 1974 section 78.

but link financial only produced a cca from an aqua card, newday account ( no statements)and stated enforceable, despite myself demanding both in my CCA and statement request.

i got a call today from link( about my arrears )and I said no historical statements.  then no repayments from me.

so who is legally correct concerning enforceability ,PRA or Link financial 

sourcrates

Section 77 Duty to give information to debtor under fixed-sum credit agreement.

"(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer"

"(4)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement"

Section 77, sub section (1) states as above and includes this sentence -

"together with a statement signed by or on behalf of the creditor"

The penalty for non compliance with subsection (1) is laid out in subsection (4) above.

So I would take that to mean without a statement, they have not complied with subsection (1) which means subsection (4) will still apply.

stu12345_2

so link have failed in their duty

sourcrates

stu12345_2 said:

so link have failed in their duty

That is correct, yes.

stu12345_2

sourcrates said:

stu12345_2 said:

so link have failed in their duty

That is correct, yes.

can you look at the comment I made  today on my link  financial being difficult thread it concerns repayments.defaulted, terminated, and settlement figures , standing orders,.thanks