Link threat of legal action

buddybudster

It makes me angry that these companies get away with such harassment. They know it's unenforceable but still persist. The law should state that once they admit the CCA cannot be produced and the debt is unenforceable, the only contact should be an annual statement stating that the amount is still outstanding and the debt is currently unenforceable. Especially when they were informed in writing, as I did, that all payments would cease until the CCA was produced. Threats of legal action on an unenforceable debt are misleading, antagonistic and completely unacceptable, but they are allowed to do it. If I had the time I would go further with this as suggested, but life at the moment doesn't afford me that time. 

Danart1967

I agree how they think it’s ok to pester and harass when they admit it’s unenforceable,, but to think they can just apply for a ccj and your expected to defend it again loop holes and if granted your back to square 1 ,, they shouldn’t be able to get a ccj if it’s unenforceable but also the worry of communicating with them again might also restart the clock 

buddybudster

I don't think they can get a CCJ if it's still unenforceable, that why it's unenforceable, they would need to have produced the CCA, can anyone confirm that please?

RAS

Not quite. If a creditor tries to obtain a CCJ, they can do so if you do not respond to the letter before action or defend the case.

The only defence you need is that the debt is unenforceable in the absence of a CCA. They know that so are unlikely to spend money on court costs but may give it whirl if they think you wouldn't notice.

buddybudster

That's what worries me a little, as I have heard of people who have had a CCJ against them that they were unaware of, due to them not receiving notification. This could be down to post going missing, or dare I say it, letters not being sent to people to deliberately keep them in the dark until it's too late. If the LBA doesn't show up for some reason, is there another form of communication I would receive to allow me to contest a CCJ before it was too late, eg a letter from the court? 

I don't trust these companies to go through the correct process. This is why I'm tempted to call Link to tell/remind them about their own admission of unenforceability. I know I shouldn't have to, I know it's what they want, but my fear is they'll play dirty and before I know it I've got a CCJ. If I was sure I would get a LBA I'd definitely sit on it. Why would they send an LBA if they knew it was unenforceable? 

Can anyone tell me the process if its passed to Messrs Kearns? I'm guessing they will send an initial warning letter before a LBA? If the LBA doesn't arrive do I get another bite of defending myself? Can't trust the post these days and I know people who claim the first they heard was when the CCJ had happened. 

Danart1967

I’m going through exactly the same have letter saying the same measrs kearns , I don’t really want to contact them I have read back apparently it does need to be writing or email but knowing these people even ringing them to contest what they have admitted unenforceable could restart that click as I’ve still got to go until June 2026 before status barred ,, I’m like you waiting now to see if I get the next letter before action come thru the door which hopefully won’t happen ? 

RAS

If you receive a CCJ because of the use of an old address, you can get it overturned. There is a small cost and maybe someone can advise if the creditor is liable if they used anything other then the last advised address?

I keep saying this, but who are your local politicians and can you educate them that this is an issue?

buddybudster

Having done a lot of research on different forums, it seems that Kearns are likely to send a LBA, which I'm going to have to respond to by emphasising the lack of CCA, Links acknowledgement letter of that, and request the CCA again. That in itself I would imagine is an acknowledgement of the debt and will reset the 6 yr statute barred clock, right? If so, what's the point in not doing that with Link at this stage, before it's passed to Kearns? 

Rob5342

I think you are over thinking this. They try various tactics to try and rattle people and prompt them to make contact, if they are warning you they will take legal action then that want to tey and get some money from you without taking legal action. Just wait until they get serious and only respond if you have to (ie if they aend an LBA). That gives you the best chance of it becoming statute barred in the event that they are able to get hold of the cca at some point. 

buddybudster

Thank you Rob5342, I'll do that. Will update if/when anything happens.