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Link written - no CCA and no assignment


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Link have written to confirm that they have no CCA for my Abbey Credit card taken out in the 1990's. They have not provided a letter of assignment either.

 

I have been paying them since 2002. I CCA'd them on 01/10/07 and got no response so have reported them to TS and FOS.

 

Can I do anything to reclaim all the monies that I have paid them over the last 5 years? And is there anything else that I should be doing.

 

The debt stands at £1,700 (after the payments I made to them).

 

They won't be getting a penny more.

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I certainly don't know of anybody who has tried to reclaim the money paid...the only possible way would be potentially through the courts and for you to demonstrate that you paid under duress...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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The advise I have had is that you would be on shaky ground.

 

In theory there is nothing to stop you trying. I am told however that the court may take the view that such a claim is vexatious in that you owe £1,700 that you don't have to pay back, then you are trying to reclaim what you have paid.

 

I am not sure of the position in the case of penalty/dreamt up charges far exceeded the original debt. You need one of the experts for that.

 

David

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Wasn't a reclaim the underlying basis of the case in Wilson v DTI?

 

Whist the HL ruled in Wilson V DTI that the credit agreement was unenforceable without ALL the prescribed terms, I thought what had triggered the HL ruling was the fact that the pawnbroker had to give back the asset pledged (a car) AND refund the money paid to recover the car. That meant that the pawnbroker lost out. He couldn't recover the money he had originally leant and he had to repay the money paid back to him to redeem the car.

 

The Court of Appeal felt that was unfair but could see no way round it, hence the appeal to the HL.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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