cenk102
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LC Asset/Link/Kearns Claimform - old MBNA card DEbt
cenk102 replied to martinegtkusa's topic in Financial Legal Issues
Do you own a property, maybe they want to put a charge on the property. Doesnt make sense for them to go for ccj so early with the cost of living crisis etc. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
They havent, they said in the opening letter the documents have been provided by the original vendor. Strange not to use their name which they have in the past when they could comply. Why would original credit agreement be in link letterhead, very confused. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Yes no problem. So in your opinion is this a reconstituted CCA? Link have not mentioned its reconstituted cca on the opening letter. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Page 20, "the documents have been provided from original vendor" Where does it say they have sent reconstituted cca? Why have link letterhead on cca from BOS? -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Wont they have to prove i owe 9k, when i first signed up credit card the credit limit was very small. I did increase credit limit a few times in the 5 years. Also i do recall receiving large terms and conditions letters a few times from bos, dont these have to be included? What angle can i challenge this is court? Kearn sent file back to link in nov, so will they have to issue another PAP form. If i lose in court and get ccj i will just go for DRO i cant afford it and cant have it following me for 6 year. With DRO its finished.. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Thanks DX for putting it all in one pdf So what do you reckon, enforceable? I should add end of nov 2022, Kearn sent my file back to link and never sent my request for default notice, statements etc etc. Link CCA Return .pdf -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
One titled "credit card agreement regulated by consumer credit act 1974". Has my old address where i applied for card. Another document titled "Your Bank of scotland credit card terms and conditions" "applicable from 1 january 2013" has my old address on it. Both these agreements have the first 10 paragraphs the same. The doc called "applicable from 1st january 2013" has alot more terms but the other after 10 paragraphs has tick next to signature box. I know for a fact, a few times terms were varied as i got letter from bos. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
After 2.5 months received response for cca. All pages are letter headed by link financial. One titled "credit card agreement regulated by consumer credit act 1974". Has my old address where i applied for card. Another document titled "Your Bank of scotland credit card terms and conditions" "applicable from 1 january 2013" Then i have another document "Backbook customer copy template - LRST01 Non-BRL" "Bank of scotland credit card conditions- customer copy" with my current address on it. They say the "original vendor" has provided the documents its enforceable now and the accounts been terminated and requesting full payment now. Well good luck to them i have nothing to give them. How can bos provide documents with letter headed on Link Financial paper, it doesnt say reconstituted terms anywhere. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
I will have an crack at defending this, no doubt. Having a CCJ is the same as DRO for me, it doesnt effect my way of life and it also stops me getting credit in future. Ive sat down with the other half and both agreed no more credit in future no matter what. Andy said Link can create reconstituted CCA so why are Link awaiting an update from BOS if they can reconstitute document themselves? -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
But the letter from link also says will get back to me when they receive update from original creditor. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Thanks Andyorch What i need to know is what needs to be on cca, do updated terms of the credit agreement need to be included as i can recall few time receiving letters stating change terms and conditions. Also credit limits, do changes need to be included. Obviously trying to look for loophole so i dont need to go for a DRO. With my current situation a ccj is same as a DRO. -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
So link sends me reconstituted cca, and i do sar and hbos doesnt have reconstitued cca, can that mean link made it up? -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Who can make reconstituted cca, the original lender or the new owner? Can link make up reconstituted cca? -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Well just received cca response, "Unfortunately, the original creditor has confirmed that they are currently unable to comply with your request within the 12 day initial timeframe" So they will comply, so a reconstituted cca coming up? -
Link/Kearns Letter of Claim - HBOS Credit Card
cenk102 replied to cenk102's topic in Halifax Bank and Bank of Scotland
Yes i know. But those docs i requested with letter of claim will they give them? Still not received the cca response which was separate.
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