Link threat of legal action

Grumpelstiltskin

What do you want to speak to a solicitor about?

sourcrates

buddybudster said:

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? 

A Solicitor, why?

And yes, a recon is fine (Carey v HSBC court decision).

Yes, you must follow the civil procedure rules now, you cannot trust this company to "stay" your case whilst you negotiate with them.

buddybudster

Why would I speak to a consumer credit solicitor? My thinking was that they may deal with it better than I can, having no doubt experienced similar situations? 

Am I missing something with my train of thought? If these companies can wait years after acknowledging a debt is unenforceable, then force you to communicate by threatening legal action, then produce recon CCA's, what's the actual point of requesting CCA's in the first place?

Guess I'm just deflated, thought this had all gone away. So would your advice be to tick the dispute option, send copies of Links communication, and request the CCA again? No point in calling them first you think? And then if  I get a recon CCA i have to pay the full amount? Many thanks for your advice.

sourcrates

If they couldn`t reconstitute one then, what makes you think they can now?

They can`t just make this stuff up, there must be enough information available to re-constitute the copy agreement, if they don`t hold sufficient info, they cannot just make it up, the rules are quite strict about this.

This is classic brinkmanship by Link, they are hoping you cave in and do a deal as its their last chance of a payday, you are actually in a very good position here, as you have them running scared, risking a court claim on an unenforceable debt is last stand territory, I would dispute the debt as previously advised, and tick the box for more information, the full Monty!!

The worst that can happen is you have to pay the debt off at £10 a month for 30 years lol, what other option would you choose here?

Make them work for it, and my guess is they will go radio silent and in a few months you`ll get a letter stating the case is stayed or dropped altogether, that`s my train of thought anyhow @fatbelly do you concur?

fatbelly

Advice so far seems good to me.

Do not phone them

Respond to the Letter before claim. I usually say to tick box C and ask for everything in Box I but sourcrates' Box D text seems fine. May as well let them know that they are wasting their money if they start a claim

Do not fill out the income and expenditure form

Rob5342

buddybudster said:

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. 

They deal with these things in bulk. Step 1 is lets send LBAs to everyone regardless of the history to see what % we can scsre into paying. Step 2 is which of the people that didn't pay are worth spending money on. 

buddybudster

Thank you for your replies. Do you think I should send the past correspondence aswell as ticking the box and requesting CCA etc? Reason I ask is would just ticking the box and requesting constitute acknowledgement and a resetting of the statute barred clock? If so, I might aswell send the correspondence with it. Also, do I need to send a £1 postal order? Thanks again.

fatbelly

At this stage you make them do the work

If you are ticking boxes C and I that is not an acknowledgement

If you are ticking box D that is not an acknowledgement

Do not send them anything. Particularly not money

As Rob says, this is still fishing on their part

buddybudster

Ok, thank you, I'll tick boxes D and I. They sent a statement of account with the letter, and I've had a transaction list from Link previously, so I'm going to request the CCA (is that the same as 'a copy of the written contract for the debt'?) and a copy of the notice of assignment of the debt, is that okay?

Also, some reassurance if poss. If they end up producing sufficient docs and go for a ccj, do I have plenty of opportunity to actually pay it before it's registered? Thanks

sourcrates

Lets try not to overthink things here.

Should this, by some miracle of fate, proceed to judgement, you have 30 days in which to pay the debt in full, and if you do so the judgement will be removed.