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.

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.

Yes no problem.

So in your opinion is this a reconstituted CCA?

Link have not mentioned its reconstituted cca on the opening letter.

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?

3 hours ago, Andyorch said:

The note of your DRO stays on your credit file for up to six years after the date the DRO was made. This means it could be some time before you can get credit in the future.

No more credit for me rest of life, i promised the missus, no more threats if i get ccj, i have no assets. I was made bankrupt 18 years ago which i had to pay around £500 now with dro its £90. I will only do this if i get ccj..

But of course i dont want to do this, if i can win the court case it would be better.

Link have not stated this is reconstituted cca, page 20 of the bundle is the opening letter sent with the cca copies.

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..

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

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.

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.

Should i send a SAR to BOS as i do recall i requested credit limit increases at least 3 times and received update of terms a few times.

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?

But the letter from link also says will get back to me when they receive update from original creditor.

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.

So link sends me reconstituted cca, and i do sar and hbos doesnt have reconstitued cca, can that mean link made it up?

Who can make reconstituted cca, the original lender or the new owner?

Can link make up reconstituted cca?

Rephrase question, can link create a reconstituted cca or can hbos only do it?

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?

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.

Update

Just when i was ready for legal action Kearns have written and said they have sent file back to Link Financial. So im guessing not taking me court yet..

Still dont understand in the current cost of living crisis they want to take people on low income to court. Take me im self employed, on low income and receive benefits. I dont own a home so the odds are against them.

Im tainted with bankrupcy scar for eternity as im on gazette online, having ccj doesnt really compare.

Offering them £1 or £2 is pointless as it will never pay off debt and will be in this situation till the day i die.

Link can only threathen me with ccj and bailiffs but if i dont have any gagets worth anywhere near £10k then what use is bailiff.

We are in a long recession i hope all dcas go bust. The law needs to change either original creditors sells the debt or write it off in tax losses, they shouldnt be allowed to do both. 

Anyway DX thanks for helping me fill the letter of claims form. It has delayed court action, in mean time will continue to read up on court claims..

In hindsight i should have let them take me to court and then request documents.

I dont understand why link are taking ppl on low income to court at present. Just received email from energy supplier, currently my energy bills are like 25% of my wage.

My expenses are more than my earnings.

1 hour ago, dx100uk said:

Why? That's only relevant if you were paying, as it renders things unenforceable till they do, but as you are not....

 

You really should be reading letter of claim threads , link debt threads and also stop just reading one post in a thread, not just post 2. 

 

Dx

Its happened, i will delay the pap form till end of month.

Thanks for your help you can tell im an amateur..

Doesnt the cca have to be returned within 12 +2 working days..

So they dont have have to abide by 14 working days, i will send out the LOC tomorrow.

This is from the link you gave me earliar.

"staple the £1  PO to the CCA request and send it to the debt purchaser

return our completed PAP form below to the solicitors that sent it to you

attain free proof of posting for BOTH at any PO counter

1st class mail will do. recorded is a waste of money"

so will send pap form tomorrow..

How did i tip them of? With the cca request?

Does this board share details with dca's?

Oh ok, will have to pay it all back then..

If you not workin now you eligible for universal credits.

How much did you earn in 20/21?

Was it more than £20k

Sent out the cca today to link, hoping to get it back in 14 working days then will respond to letter of claim as i will have some time.

BOS only sold debt 11 months ago so im expecting cca to come in.

Im leaning towards defending this case in court worse case, if i lose it i get ccj. Im on low income and have no intention of getting mortgage or anything on credit. Im hoping the judge wont make me pay more than fiver a month.

In total with benefits i only earn around £20k.

Stuff the dca, i went through bankruptcy this cant be hard.

I messed up but my family life is way better now.

Does £9k include child tax credits,

if you were not working but were claiming working tax credits and child tax credit,

you would still be eligible for child tax credits.

Im sure they would want working tax credit back, which is around £4k for couple..

Which address do you send cca to, they have address in london and wales?