Link Financial - Can anyone help?

trfc20222

Hi all,

we have been contacted by Link Financial regarding an old Lloyds TSB debt. We don't believe that it is accurate and have no knowledge of it outstanding.

We have sent two prove it letters, the first we received no response, the second we received one dated 7th March  was an acknowledgement from their complaints department (even though no complaint was submitted) saying they will respond in 14 days. This was also emailed to them both times with the second time the 2nd March

Fast forward to today and have received a Claim Form from Kearns Solicitors for the same amount. This is dated the 11th March - so after both the prove it letters were sent and the return from them saying they would respond if 14 days.

Can you advise if:

A) They are able to do this when I have sent the prove it letters?
B- When the statue of limitation applies? It says a default was applied on 04/01/2019 but it was assigned to them on 29/11/2022, if its the first am I right in saying its over 6 years.
C) How do we reply on the claim form? Have never done this before

We have had no other correspondence with them

Thanks for your help 

ManyWays

You have been sent an N1 Claim form from the court, or a Letter before Claim from Kearns?

trfc20222

ManyWays said:

You have been sent an N1 Claim form from the court, or a Letter before Claim from Kearns?

It is an N1 Clam form from the court- should have said in the OP

trfc20222

For now (as I am conscious of having to respond in a timeframe) and I right to put in an Acknowledgement of Service with an intention to defend?

fatbelly

Definitely.

You are going to defend this on the grounds that you have no knowledge of any money owing, the creditor has been unable to provide any evidence of money owing and, on the basis of the limited information they have provided, it would anyway be statute barred under s5 of the Limitation Act 1980.

sourcrates

Yes, go with the court process and defend the claim on the basis that it is now statute barred.

The lack of response to the prove-it letter is likely a deliberate ploy, as they know its statute barred, and instead have gone straight to a claim form, which also contravenes the civil procedure rules by not sending a letter before action.

Foot, themselves shot, have in the. 

trfc20222

Hi so I have had a letter from Link Financial from my original request for info which is as follows:

"I understand that you have requested proof of the debt, however, section 77-79 of the Consumer Credit Act 1974 does not apply to current accounts. The current account is not a regulated agreement because it provides no credit. The overdraft agreement provides the credit, which sits separately from the current account.

The consequence of this is that there is no executed agreement for the current account overdraft, so section 78 ' the right to demand a copy of the executed agreement' does not apply."

Is this correct? 



 

fatbelly

Yes it is...

However, as far as I know you did not make a s78cca request so their lecture is wide of the mark.

You requested that they prove that it is your debt and it appears they cannot do that.

fatbelly

Did you defend the claim as i suggested in March?

trfc20222

fatbelly said:

Yes it is...

However, as far as I know you did not make a s78cca request so their lecture is wide of the mark.

You requested that they prove that it is your debt and it appears they cannot do that.

To be honest I don't know what a s78cca request is!, it was very much a prove it letter from on here

I have defended the case based on what you advised previously, had no response as of yet since filing

I don't know if it makes a difference but I first asked for it back in Jan 25- not sure if they have a timeframe they have to do it in

I suppose my big question is do I respond to Link Financial or just ignore it

fatbelly

The important correspondence now will come via the court.

You are looking for a notice of discontinuance