Unenforceable debt, Link now emailing threatening 'review...for possible legal action'

cheeseball73

I have a credit card debt that was passed to Link Financial some years ago. As this was an old debt, I asked for a CCA request and they responded in writing to let me know they didn't have the paperwork and therefore the credit agreement was unenforceable. The letter was sent to me over a year ago, I haven't received anything since to confirm this has changed, just the odd email offering 10% off if I pay in full. The debt is from 2016, and I was making reduced payments via a DMP until they confirmed it was unenforceable.

I now have an email from them, which I'm unsure whether it's something to worry about or the usual collection agency tactics to get someone to pay an unenforceable debt - should I worry?

"We have previously contacted you about your [credit card] now serviced by Link Financial Outsourcing. We have been trying to contact you so we can understand your financial situation. We want to help you start paying your account with an amount that is affordable to you. If you do not contact us, we intend to review your account for possible legal action to recover the outstanding balance.

Please call us urgently on...

If you do not contact us, we will pass your account to our pre-legal vetting team who will assess your account for potential legal action. If your account is selected for litigation, this may result in further costs and interest being applied to the balance.

We want to help you become debt free. When you contact us, we will help you find an arrangement that is affordable to you. We want to avoid legal action and we will only take these steps if you avoid our attempts to contact you, so please get in touch with us so we can help you."

Is this just a scare tactic or have they found the paperwork and not told me about it (which doesn't seem correct?) Do I ignore? 

I very much do not want to call them, and have requested previously that all communication about this account is done in writing. 

Grumpelstiltskin

Do not phone them under any circumstances.

Just ignore them, they know they are trying their luck they just hope people will fall for their empty threats.

sourcrates

Computer spits out regular collection emails/letters what have you, it doesn't know your debt hasn`t got the required legal paperwork.

I find been completely blunt with them works best.

A letter, or an email stating the account number etc, remind them its unenforceable, and unless the situation changes you will not be paying it.

Keep in mind you have a defence to any LBA or claim they main attempt to serve on you, so don`t allow yourself to be spooked.

DisabledDan

cheeseball73 said:

I have a credit card debt that was passed to Link Financial some years ago. As this was an old debt, I asked for a CCA request and they responded in writing to let me know they didn't have the paperwork and therefore the credit agreement was unenforceable. The letter was sent to me over a year ago, I haven't received anything since to confirm this has changed, just the odd email offering 10% off if I pay in full. The debt is from 2016, and I was making reduced payments via a DMP until they confirmed it was unenforceable.

I now have an email from them, which I'm unsure whether it's something to worry about or the usual collection agency tactics to get someone to pay an unenforceable debt - should I worry?

"We have previously contacted you about your [credit card] now serviced by Link Financial Outsourcing. We have been trying to contact you so we can understand your financial situation. We want to help you start paying your account with an amount that is affordable to you. If you do not contact us, we intend to review your account for possible legal action to recover the outstanding balance.

Please call us urgently on...

If you do not contact us, we will pass your account to our pre-legal vetting team who will assess your account for potential legal action. If your account is selected for litigation, this may result in further costs and interest being applied to the balance.

We want to help you become debt free. When you contact us, we will help you find an arrangement that is affordable to you. We want to avoid legal action and we will only take these steps if you avoid our attempts to contact you, so please get in touch with us so we can help you."

Is this just a scare tactic or have they found the paperwork and not told me about it (which doesn't seem correct?) Do I ignore? 

I very much do not want to call them, and have requested previously that all communication about this account is done in writing. 

What a load of pig vomit, they want to help you become debt free, yeah right,

Personally I have a do not engage policy unless it is a Court letter and even then I have nothing to lose.

"A debt being from 2016" is that the date of default because you may have a second defence there was a period of 6 years with no payment or acknowledgement of the debt. 

So let's break down this scare tactic letter 

A. "we intend to review your account for possible legal action to recover the outstanding balance."

B "we will pass your account to our pre-legal vetting team who will assess your account for potential legal action.

C. "If your account is selected for litigation, this may result in further costs and interest being applied to the balance."

So if you do want to contact them, bearing in mind that it only adds you to their hassle list then you might consider what I have written below.



A. Go ahead and review it, by the way you already did review it and confirmed it was unenforceable.

B. Your pre-legal team and your legal team will confirm that there is not potential for legal action nor for enforcement.

C. It will not be selected for litigation and it you do try it on you will be paying those costs plus the fines from the FCA when I inform them of your continuous breaching of CONC Rules.

As you have previously confirmed in writing, these debts are unenforceable in court as you cannot produce the CCA agreement.

I draw your attention to CONC 13.1.6 which says that:
“(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.”
I must inform you that your correspondence causes anxiety and stress and I deem as harassment under the Protection from Harassment Act 1997, which is a criminal offence.  If you persist in this behaviour I not only report you to the FOS but also the FCA under their general conduct records for your firm

Finally I remind you of the FCA Consumer Duty which says you must always act in the best interest of consumers, it cannot be in my best interest to pay anything towards an unenforceable debt.

I trust this concludes matters between us, as you no longer have a lawful basis to hold my data I am formerly requesting that you remove it or mark it as "never contact" and inform me that you have done so, please consider this a request under GDPR.