Enforceable?! Link

Winkflower

At the end of March my husband and I requested ccas from pur creditors and used the debt camel template requesting the agreement and statements.

Link (a fluid card) have come back with a letter saying enforceable and included the origi al agreement with an electronic signature but no statement.

Link also (an aqua card) sent another letter saying enforceable but with a lot of photo copies of an agreement but no reference to my husband and notes saying personal information in welcome letter (but no welcome letter included) and a credit agreement box ticked with an iP address and tick but no personal information and also no statements.

Both have a letter with a link letter head saying current amount but I think the statements needs to be from  the original creditor?

How do we proceed please as have said enforceable but I'm not sure they are. I know they don't need a signature but shouldn't there be his name and address somewhere and statement ? 

Do I call then on the complaints number included  or email them or send a letter to say cca request  doesn't seem to have been fulfilled? 

I'll attach photos of the aqua details sent. Thanks for any help everyone

Wx

Winkflower

Excluding lots of photocoied pages these are as perosnal as it gets for the aqua cca request via link

sourcrates

What they have sent you would not, in my opinion, constitute a satisfactory response to your CCA request.

It is missing vital information, specifically your name and address, that paperwork is generic, nothing about it is personal, there are also no financial details showing.

Its a poor attempt at a re-constituted copy that falls way short of the mark.

Brie

Personally I'd suggest that everything is done by post rather phone or email.  Phone is the worst as then you have given them your phone number and they can start ringing & texting as often as they like.  And you have no proper record of what is said, questioned, agreed if it's by phone.  

And it sounds like they are referring to T&Cs in the welcome letter which you haven't received.  I would go back and ask again.

Out of interest they refer to an IP address.  Does that match the home pc or someplace where you might have applied for the card(s)?

Winkflower

Thankyou so much as having read many many threads here I really value your opinion
The one for fluid does have a signature but neither have statements - just one sheet with the current total.

Falling short please could you advise what to do next - should I call or email or write a letter? If I say it's not a cca and ask for the agreement and statment and they say it is - how do I proceed please?
Should the statement be from the original creditor and not just an amount owing from link?
Not sure what to do next now?
Thanks so much for reading and your help

Wx

sourcrates

Well keep in mind that this is just opinion, and only a court can decide what is, or is not, compliant legally.

What they have sent you appears to be lacking some specific information, you can write back and tell them that the documents they sent are missing information that should be there as stipulated by the consumer credit act 1978, it should be clearly set out, and be in the prescribed manner.

They other document they refer too, a welcome letter, that has not been included, is another failure as that document appears to be the one you need.

Just put it all in writing and see how they approach it.

Brie

As before - in writing by snail mail.  

And of course they are going to say it's enforceable.  They are trying to push you into admitting that you owe money.

Winkflower

Thankyou both.
I guess I was expecting either the documents and to keep paying or for them to say unenforceable and to stop!
I wasn't really expecting a 3rd more daunting option as what exactly they should send I'm unclear on eg an electronic tick seems allowed but only if accompanied by a name and address, the statement of account I'm unsure if om from link or should be from aqua/fluid?

I'll send the letters but wonder shoukd I give a time frame ? Or set put what is missing? Say I will not pay until the requests have been fulfilled?

I'm nervous if court action and my word against theres but will continue to keep the trail.

Thanks again

Wx

Winkflower

Brie said:

Personally I'd suggest that everything is done by post rather phone or email.  Phone is the worst as then you have given them your phone number and they can start ringing & texting as often as they like.  And you have no proper record of what is said, questioned, agreed if it's by phone.  

And it sounds like they are referring to T&Cs in the welcome letter which you haven't received.  I would go back and ask again.

Out of interest they refer to an IP address.  Does that match the home pc or someplace where you might have applied for the card(s)?

I'm not sure how to check if the iP address matches - i will have a Google- thankyou!

Winkflower

2 letters from link have ip addresses they are both different in format one is ipv6 (which I've just learnt started to be used in 2017, I checked as this debt from 2019) and the other is a different format of just numbers.
Both say are London ip addresses : I'm in a county next to London about 45 mins drive from London, but I'm not sure how accurate ip trackers are: I'm definitely not in London but not really far way: short story long not sure if my ip address or not but should they have postal address on?
Thanks
Wx

sourcrates

Court action requires the lender to follow civil procedure rules, by first sending a "letter before action" (LBA) which gives you an opportunity to come to an arrangement within 30 days.

So there is plenty of warning, and they would have to show the court the evidence they are relying on as well, and as it stands, it would likely fall down at that point.

The court process should not be feared in any way, shape or form, its there to be of benefit to both sides, they may take you to court, but you have  the right to defend the claim, even if you lose, you would repay the debt at an affordable rate, so as long as a CCJ won`t harm your work prospects etc, it really is nothing to be feared.