LINK complaint reply

Lz?Kithra · 24 January 2020 at 2:55PM

[FONT=&quot]I think there are probably 3 or 4 different points/questions in my post, so I hope it is not confusing.
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[FONT=&quot]For the last 2 years I have had fairly regular correspondence from Link in regard to an outstanding debt. Each time I have replied that I had raised what they called a Complaint stating that I had not received the relevant documents that I originally asked for 2 years ago under [/FONT]Section 77/78 of the Consumer Credit Act 1974 (Section 77/78 Request). With which I had also include the £1 payment fee.

Part of their reply to my original request stated that: [FONT=&quot][/FONT]
“Following the assignment of the account …. we were not provided with the relevant documentation to comply with your request. Therefore, as of 19th April 2018, I agree that the account is currently unenforceable, until such a time when we are able to produce the necessary documents.”
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[FONT=&quot]Obviously, I have still not received the documents.[/FONT]
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[FONT=&quot]Yesterday I got their reply to the most recent correspondence and, finally, an answer to my previous responses to their letters. It also said that they had deemed my account to be unenforceable but that the balance was still collectable.[/FONT]
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[FONT=&quot]And they are offering me compensation of £50 for all the inconvenience caused to me. This can be paid by a BACS transfer so I am wondering that if I send my bank details can it rebound on me in any way, could they use them to set up a Direct Debit without my knowledge? Although, of course, they already have them from when I was making repayments.[/FONT]
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[FONT=&quot]As their reply states that the balance is still payable, what weight can I put on the letter from a couple of years ago that says it is not currently enforceable? I stopped paying them when I got that original reply. And I kept pointing it out to them each time they contacted me.[/FONT]
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[FONT=&quot][FONT=&quot] Any answer to any of the points would be much appreciated.[/FONT][/FONT]
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sourcrates · 24 January 2020 at 8:09PM

They are correct when they say the account is currently unenforceable, but is still collectible.
Unenforceable just means they cannot use the courts to enforce their rights, but they can still ask you to pay the debt.

You need to make it clear to them, that as long as the account remains this way, you will not be paying it, best sent in a letter, they will soon go and bother someone else who will pay.

Giving them your bank details is not something i would do, you can ask for a cheque, but if they used your details in any other way than what was intended, they would be in very deep poo poo.

Lz?Kithra · 25 January 2020 at 11:06AM

Very many thanks, sourcrates. Every time I've written to them I've told them that I won't be paying until they produce the documentation. I also looked up info on bank details being used for direct debits and it seems that they have to have the signature of the payee to be set up. And, as I mentioned previously, they already have the details as that's how I used to pay them and they haven't used those for anything else.

LINK complaint reply

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