Superb, thanks. They've had similar in the past and are still trying it on. I'll send it again though! Cheers again

Thanks, that's great re: the previous payments, if i'm sending a reply to Link, could someone advise how I should tackle this? Cheers

All going ok so far, but haven't been able to stop Link adding data to my credit reference file. Just got this letter though, appears to be full of nonsense, but just wanted to make sure. Hope someone can tell me if it is rubbish. (Link are now about 3 months post-default on the CCA request) Dear XXX Unfortunately at this time we are unable to supply a copy of your (CCA) agreement however the FOS have made it clear that in situations such as this it is not unreasonable for us to continue reporting a default if it is an accurate reflection of how the account has been paid. The ICO have also made it clear that if a default on a credit file 'accurately reflects the payments on the account' then the fourth principle of the Data Protection Act 1998 has been complied with, and therefore the continuation of reportting the account is acceptable. The Information Commisionner's Office state "...The failure of a creditor to produce a copy of the signed credit agreement is not, on its own, evidence that your debt does not exist or that it is not enforceable, and should therefore not appear of your credit file. If the credit grantor can supply other evidence of the agreement, and you have no evidence to contradcit this then it is likely to be proper for the debt to be recorded on your credit reference file." Therefore if an agreement is not available it does not mean the account is unenforceable and should be deleted from your credit file. The payments you have made towards your account are proof that an agreement exists(?) . Please fill in and return the personal budget plan, which has been sent to you separately so an affordable repayment plan can be organised. End

Hope someone here can shed some light on the next steps I should take. I sent a CCA request to Link in January, not a peep, apart from a please pay letter or two, letters were sent restating my position - CCA default, alleged debt, stop processing my data etc.etc. This morning I received a debt, stating why they would not removed defaults etc. C+P "Point raised: Please note you may consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing my data in relation to this account with immediate effect" Response: Your HSBC account was assigned to Link Financial in Jan 2009. The responsibility to manage the information placed with Credit Reference Agenecies by HSBC was also passed at the time of purchase Therefore we do not believe we are in breach of our responsibilites under the act with regard to your details. WE maintain the information we are reporting to the credit referenve Agencies is an accurate reflection of how the account has been paid and therefore we will not be removing the default. The debt is known as a "chose in action". As the original lender holds the legal right to collect the debt, they also hold the right to assign their rights to Link Financial. Although the lender does not need your permission to do this, Section 136 of the Law of Property Act 1925 requires, in order for there to be a legal assignment, that notice of assignment should be given in writing. This was sent to you on the 14th January 2009" So...as I've requested a CCA and they're currently in default, do they have a leg to stand on? And although I received a letter that said it was from HSBC, it was sent in a Link Financial envelope, and HSBC have no record of sending it. Cheers

Will do. THought I won't have chance to get near a scanner until Monday I'm afraid. Do check - that the address on the envelope matches the one on the letter,and check that there are contact details for the individual within the company that claims to have sent you the letter. Remember you can also phone HSBC (even if not an account holder) and inform them, and ask directly whether they have sent it out. If not, ask them to send you confirmation in writing they did not contact you, they'll do this quite happily. One for the file.

No probs, wasn't holding out much hope there would be really... Thanks though

Apologies, Link have sent me a letter pretending to be from someone else, but it was so amateurish it was comical.

Oh dear You know, say IF you're a certain DCA, and you're sending a letter out and for some reason you want to make it look like it was really from someone scarier, you need to: 1) Use the right font 2) Print it correctly (ie, not skew on the page) 3) Put job titles and contact details under the contact's name to make it look passable. 4) Don't use you real address on the back of the envelope, it just makes you look silly. If you don't do this, then it doesn't work. The scary people get told and will get scary with the DCA for fraud, the DCA has technically committed a criminal offence, and everyone on CAG has a bit of a giggle at the ineptitude. Must try harder

Also, just to check (and a bit of a diversion) Is there any way to uncver the details of the transaction between the original creditor and DCA, such as how much the DCA paid for the debt?

Great, cheers.

Entertaining letter arrived today - purporting to be from HSBC, on headed paper no less, but after a bit of digging, appears to be from link. One for the file I believe. I'm being told that if a company can't provide a CCA, then a court may decide that the debt is unenforceable, whereas I was under the impression that is a company couldn't provide a CCA the debt WAS unenforceable. If I was to go for both CCA for checking enforceability of debts and Subject access requests to begin the claim process for charges, would these go to the Original Creditor or the DCA? Or both? Thanks in advance.

Brilliant, thanks for your help. Much appreciated,

Cheers, so it would make sense if i was to CCA each of my creditors (4 total), and then ask Payplan to negotiate with any that return valid agreements? In the meantime, and of course after I've actually sent letters off, would it be valid to ask payplan to stop payment, ow would it be more sensible to ask them to stop after the 28 day period has elapsed? I only ask as if payplan pay to Link or Apex, is it then assumed I agree to the debt? Thanks

Hi everyone, there's some great advice on here, but thought i'd try a new thread to see if anyone could advise. A year and a half ago, my repayments on various loans and credit cards were falling behind - all debts accrued to pay my own way through higher education over a 5-year period. Previously i'd managed to keep on top of the payments but was falling behind. I requested payment holidays for 6 months until I was back on a firmer footing, but all creditors refused. I contacted Payplan, who were fantastic in sorting out the initial agreements, and the arrangements went without a hitch. Unfortunately, there seems to have been some mixup with payment dates which i wasn't informed about, which has resulted in a couple of the accounts being passed to DCAs. Don't want to give too many details on a public forum - but currently there's a largish balance which has just been passed to Link. A smaller on with Apex, and much smaller ones with a couple of other creditors that are still with the original creditors. Total is about 10k. I was wondering what options people would recommmend? Obviously looking through other threads on the site, there's an argument that Link and Apex have slightly shaky ground when it comes to reclaiming debts. How would following the CCA route affect the Payplan agreement? And would it be possible to claim charges back from the original creditors now these have been passed onto DCAs? Sorry, know there are a lot of questions there, but thanks in advance for your help.