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Responding to Kearns Letter - Link Financial
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Leave the letter as it is. You are making a very specific request and if Link can't provide those 2 things it asks for, the debt is unenforceable, even if they can produce the others.
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I will let you know the response I get from Link. Thanks again.
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*Update
Thank you for all your help and advice previously. I think this mostly positive..?
FEB: I Sent the letter mid Feb to Link asking for the CCA and enclosed the £1 postal order. They replied within a week confirming they no longer require a fee for the section 77-79 and would destroy the postal order. No mention of any anything else in the letter.
MARCH: I received a letter which stated…
’..unfortunately the original creditor has confirmed that they are currently unable to comply with your request within the 12-day timeframe. Although the account is currently unenforceable, the outstanding balance remains collectable ….we will contact you upon receipt of an update form the original creditor. ’MAY: Another letter apologising for the delay and this letter stated….
‘..unfortunately the original creditor has been unable to comply with your request and therefore the account is considered unenforceable. Although the account is currently unenforceable, the outstanding balance remains collectable. This completes our obligation under Section 78 of the Act. We will contact you upon further receipt of an update from the original creditor if information becomes available, and the status of the account changes.’JULY: Letter from Resolvecall stating their aim is to reconnect me with Link Financial, to contact them or they will send a representative to my home. Therefore, I assume there is no update from the original creditor and are trying their original ploy once more? So, full circle…
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Resolvecall have no more power that next door's cat, as explained previously.
Send a copy of the most recent letter to Resolvecall and remind them that creditors should not chase unenforceable debts.
If you've have not made a mistake, you've made nothing0 -
They like to dally with words like "collectable" and "enforceable" and throw Resolvecall into the mix just to confuse matters further.
They can`t win a court claim currently with this debt, but you can make payment to them of your own accord, if you so wish, is what they are trying to spell out to you.
You may find a calling card from Resolvecall in your letterbox, asking you to contact their client Link about a "personal matter", that will be as much time and effort Resolvecall will want to put into this.
I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thank you RAS & Sourcrates. Much appreciated. This is as I thought. I'm thinking I will send the most recent letter to Resolvecall confrming the debt is unenforceable, when I get home (away at the moment), unless they have already visited.
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