Responding to Kearns Letter - Link Financial

RAS

Resolvecall have no legal power. They'll probably just put a card through the door. But if you happen to open the door, just tell them to leave.

ManyWays

can you sent a request for the CCA to Link?
If not, i suggest you make a formal request now, using the National Debtline template letter in here and enclosing a £1 cheque or postal order:

Credit agreements | Getting information | National Debtline

You can ignore Resolvecall, tell them you will not be discussing your debts with them, or saying the debt is unenforceable and just close the door. Up to you.

sourcrates

Don`t expect a reply from Link, they appear to have put legal action on hold as they probably can`t comply with practice direction, so have changed tack and wheeled out the threat of Resolvecall instead.

Honestly its an utter farce how these companies operate, Resolvecall won`t have any knowledge or interest in previous events, their role in all of this is just to tell you to re-connect with Link, that`s it, the money these companies waste on stunts like this is unbelievable.

Moose321

Thank you both, and thanks for the link which is great.

I have already requested for the CCA via Kearns solicitors, along with notice of assignment etc. as per my previous post.

1/ Surely Kearns would have passed these requests on to Link for the for CCA etc. ?
If so, could Link have ignored this and just instructed Reslovecall?

2/ I could send another request, this time directly to Link, but will this start the 6-year clock again? I have never had any contact with Link.

3/ I am not sure you need to send £1 any more, I think I read that this was no longer required but not sure.

Thank you.

ManyWays

I strongly suggest you send Link a formal request and enclose £1. This is the simple way to proceed.

sourcrates

The thing is you don`t appreciate how utterly incompetent these debt purchasing companies can be.

As things stand, a request for information under sec 77/79 CCA is the simplest way to deal with this, as it serves two purposes.

(1) it puts your account "on hold" until the request gets actioned.

(2) if the correct paperwork cannot be found, the debt becomes irredeemably unenforceable, and you won`t have to pay it.

Get the template letter from the National Debtline website, populate the letter, pop an uncrossed blank £1 postal order in the envelope with the letter, as it still carries a statutory £1 compliance fee, but most of the time they do not charge the fee, and its gets returned.

fatbelly

That's why I always suggest using an uncrossed postal order, not made out to anyone.

It complies with the Act but it often gets returned, and then you can use it for the next debt!

A lot of creditors get confused on this. The fee for a SAR was removed but the £1 fee in the CCA still stands, until the whole section is removed, which still seems a few years away.

Moose321

Great advice, thank you all again. One more question.

Does sending this letter requesting info under sec 77-79 re-start the 6 year clock?

The last payment I made was May 2021 to the credit card company.

I have never paid Link directly and this will be my first direct contact with them.

sourcrates

Well, the request is for information purposes only, and is not intended to acknowledge the debt in any way, but opinion is divided on whether it constitutes acknowledgement or not, as its never been tested in court as far as I am aware.

I don`t believe you can rely on a statute barred defence now anyway, as a creditor only has to start legal action during the limitation period, to re-set the clock.

Even if the case is dropped or discontinued, it still re-sets the limitation clock I`m afraid.

Moose321

Thank you sourcrates, ManyWays,fatbelly & RAS

I have now downloaded the letter from National Debtline and added my details etc..

I notice that the letter requests just two of the 4 items in the letter/form sent back to Kearns solicitor:
1/ the credit agreement and 2/ a full breakdown of the account including any interest or charges added

It does not mention a request for - 3/ Notice of assignment or 4/ Default notice, which was included on the letter/form completed and returned to Kearns solciitors (which Link seem to have ignored). Do you think I should add these 2 extra items or just leave the letter as it is?