Link threat of legal action

ManyWays

If so, what's the point in not doing that with Link at this stage, before it's passed to Kearns? 
Because until the LBA arrives, Link may just be bluffing.

buddybudster

I've also now had an email from Link, so that's an sms, a letter and an email. What are the chances that they are bluffing? Has anybody had this type of contact and then had nothing from Kearns?

My thinking is that when Kearns write to me they're highly likely to send a LBA, right? That means i have to respond, therefore acknowledging the debt. At that time I'll send a copy of Links letter admitting the debt is unenforceable, along with a copy of my letter to link advising no further payments will be made until the CCA is produced. I'll also tell them that I intend to write to the FOS, as I see it as harassment that they are threatening me with legal action in such circumstances. 

So if the Kearns contact is highly likely to happen, what have I got to lose by calling Link to advise them what will happen if they pass it to Kearns and they contact me? Is there a chance that Link haven't looked at the case closely enough to realise they admitted unenforceability 4vyrs ago? This way a verbal contact with Link may avoid a written contact with Kearns.

I suppose I want to know how likely it is I'll get a LBA from Kearns, that would shape my decision. Has anyone had such contact from Link, then not heard from Kearns?

Many thanks for all the help and advice given so far.

Rob5342

No one can say for sure but I'd say that there is quite a good chance that they are bluffing. It costs virtually nothing to send a letter or sms, and if they put the words "legal action" in somewhere they know it will scare some people into contacting them. 

What have you got to lose by contacting link? Well they'll have a big pile of debts that they send their standard threat letter to, so if they see you have ve bitten they might start focusing their attention on you. Keep quiet so you don't stand out, see what happens and respond when and if they send an LBA.

Danart1967

I’m  awaiting the 2nd letter from kearns to come even thou link have threatened the same not mentioning it’s unenforceble which they did in previous letter ,, but somone else n another site has recived 2nd letter from Kearns stating incepted in 2017 and took over by link in 2021 letter being letter of action on the header ,, so does look like they are sending out letters from kearns 

Danart1967

Well just an update I have received letter of claim with all the forms with boxes to tick even thou I have a letter dated June 2020 saying unenforceble does this mean I have to fill all this in again and request yet again copy of cca 
and do I have to fill all this in as well as the expenditure form many thanks 

sourcrates

Well now is the time to test that enforceability in court, putting your money where your mouth is so to speak.

Tick box D

 "I dispute the debt because there is a legal problem with the credit agreement, in June 2020, Link Financial confirmed to me in writing that they could not comply with a request under section 77 of the consumer credit act 1978, for a copy of the original credit agreement, as they were unable to produce one, and because of this the debt was deemed to be unenforceable, this remains the case to this day."

Do you have their letter confirming lack of enforceability? include a copy, add as much detail as you can.

Then follow the instructions to complete.

Danart1967

Thanks sourcrates 
OHi yes I do have copy which is why I stopped payments after 10 yrs ,, it’s just annoying that they can still threaten and send you all these letters again , it’s just annoying wasn’t proper sar but asked for copy of said cca which is why they said could not get from 
mbna , but still took 6 months to send that reply ,,just annoyed now as this replying could reactivate the clock as not statue barred until next year ,, I’ll phone them Monday but then record delivery the letter of claim with box d ticked disputed ,, surely I shouldn’t have to fill in the expenditure form should I.

(edit: image removed as showed personal details)

buddybudster

Okay, so i have received the exact same letter today, bit of a coincidence!

I have all the letters from 2020, Link confirming they had requested the CCA from the creditor, then confirming the creditors couldn't produce it and it was therefore unenforceable. Then my offer of F&F, then Links decline of that, again confirming it's unenforceable. Then letters from 2021 with Link asking for payment again and me detailing the above previous correspondence. Link assigned it to their Complaints and Dispute Resolution dept in 2021, who then concluded that my dispute was upheld, the CCA could not be obtained, and the debt was unenforceable.i had one more chase for payment in Nov 21, since then just 6 mthly statements.

So my last written correspondence to them was in Feb 21. Am I now faced with having to reply to this letter and re-starting the 6 year statute barred clock?

I have a feeling that one hand doesn't know what the other is doing here, ie Link haven't looked at the history before instructing Kearns. I'm regretting not calling Link a couple of weeks ago, it may have stopped me getting this letter and having to deal with it, as my gut told me I'd get this Kearns letter, but that ship has sailed.

I initially plan on calling Link and Kearns next week to direct them to their previous correspondence, stressing the need for a written acknowledgement to confirm no further action can be taken as things stand. I will also state that failure to do so will result in a complaint to both them and, if I don't get a satisfactory reply, a complaint to the FOS, as I see the threat of legal action on an already acknowledged unenforceable debt as being harassment.

If I can avoid written acknowledgement to Kearns I will, but I'll have to see where I get to next week.

Danart1967

Keep me posted as I will you same boat ,, also being advised now like you as I didn’t call link , replying to these letter of claims ect having to dig out old letters ,, but looking on some sites about kearns they are sometimes saying they have reconstituted copy of said agreement and some solicitors are still able to take to court even after admitting unenforceble which I find strange seems courts are accepting said reconstituted copy’s as statements show up till last payments that is debtors had acknowledged the debts ? Very frustrating after all this time passed 

buddybudster

Having given it some more thought, I may speak to a consumer credit solicitor first, before doing anything, any thoughts on that?. Couple of questions if anyone can help? My credit card in question goes back to 2001,is a reconstituted CCA from pre 2007 acceptable if that's what they produce? Also, am I past the point of being able to offer Link a new F&F now for a reduced amount?