Link Financial & Virgin CCA Received??

[StinkyFeet]

Hiya All,

 

My mother in law cca'd link financial regarding a virgin credit card.

She has received the following back, could you please check it and see if its enforceable or not and if not next course of action please?

 

I have removed her address, signature and date from the documents.

 

Thank you

http://i655.photobucket.com/albums/uu277/stinkyfeet_2009/DSC01493.jpg

http://i655.photobucket.com/albums/uu277/stinkyfeet_2009/DSC01494.jpg

[clemma]

I can't read the second document......is it that bad or is it just a poor scan??

[StinkyFeet]

I can't read the second document......is it that bad or is it just a poor scan??

 

The document isnt great but my camera aint doing a grand job. Have re-done it and included in this post

 

http://i655.photobucket.com/albums/uu277/stinkyfeet_2009/DSC01496.jpg

[angry cat]

The torn off slip or, form!

 

What is the date of this?

2002?

 

I note that, PPI was applied for at the point of application, is that correct?

 

AC

[StinkyFeet]

This CCA looks to be a torn off form which you you can see a scissor line above the 'please sign this form and return to us'/

September 2002 was the date marked.

Payment protection cover was applied, yes.

Again thank you

[angry cat]

Firstly, Link Financial have not fully complied with your S78 CCA Request!

 

Note that they are obligated to provide:

all documents that are referred to in it; the alleged agreement.

Therefore, to fully comply Link must provide the documemtation relating to the PPI.

 

Secondly, the torn off slip or, form does not an agreement make;

 

Irredeemably unenforceable.

 

Link Financial remain in default of your s78 CCA Request!

 

AC

[clemma]

Send them the following letter:

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

[angry cat]

Send them the following letter:

 

Unfortunately, Link Financial will state that they have complied!

 

However, until such time that they supply the inception T&C's plus all docs relating to the PPI; they have not.

 

The ball is firmly, back in their court.

 

AC

[clemma]

They sure will, but it's best to have a paper trail going.....

[angry cat]

They sure will, but it's best to have a paper trail going.....

 

Always!

 

Most of these DCA's, Link are no different, will send what they see as compliance docs...

 

One, must point out in Plain & Simple Crystal Clear English, that they have NOT complied and keep pursuing for ALL the Documents that they are obligated to provide.

 

AC

[StinkyFeet]

Excellent, Thank you for that guys and girls, have spoke to mother in law and she hasn't heard further from them, have advised on the letter above but advised she only should send when she hears from them again, is this correct?

As they haven't been in touch since this thought it would be pointless her sending anything yet till she hears off them.

 

Again and as always, thank you

[clemma]

The letter above puts the account firmly into dispute - that way they know that you know your rights. By not putting it into dispute, they will presume you accept the CCA as being correct and will carry on regardless.

 

It is your choice though