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    • Resume payments with the debt collectors? You say not to pay dca though do you not? 
    • yes they mostly would be enforceable, but that wasnt the point. even if they get a CCJ the very worst they could have done is get a restriction k which is useless to them. doesnt hurt anything. the CCJ would remain on file for 6yrs yes, but then gone same as a DN. the rest k charge does not show at all. and even so, the idea was to get your debts issued a default notice ASAP, them RESUME payments.. the advise is NOT conflicting, just you don't read things properly or understand.  oh well. dx
    • This is the dilemma I had then and still have it. The bit that stopped me was the post 2015 comments about them being enforceable now in most instances which I feel hasn’t been answered unless I am missing something. the bonus I guess is not all credit agreements now will be chasing me so less people chasing me down so to speak. this is the problem as there is conflicting messaging out there it is hard to plan a strategic way forward 
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    • might of been better to have got them all defaulted 2yrs ago as we carefully explained before then you'd already be 1/3rd there and your current issue would not be one.    
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HELP!!! - County Court Claim Received for Debt Sold 10 years after Default**CASE NOW STAYED **


SF2010
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Hi just finished taking photos, so trying to get it posted. There was some misunderstanding about where the SAR goes, so this was sent after the CCA request to Link. The SAR will expire on 31st July, so they have some time yet. Perhaps all this will come with the statement of account they say is sent seperately.

 

Should I phone Santander now and remind them that I have requested all of the info in the SAR, or wait and see what comes with the statement of account?

 

SF2010

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Click: Here are the letters:

 

Santander sent Letter 1 - Santander covering letter, Letter 2 - copy of undated original agreement stapled to Letter 3 - Branch agreement form (For Abbey Use Only) non of the details added state my name on that sheet, its just the different forms of ID as in bank account numbers, one of which was my account with them, plus separate terms and conditions (not posted).

 

Link sent Letter 4 - Link covering letter and Letter 5, Agreement Checklist was not sent by Santander, but Link sent it, plus Letter 2 - copy of original agreement and Letter 3 - Branch Agreement Form (For Abbey Use Only) as above.

 

I contacted the number on the Santander letter, she brought up the account, but said that they dont have any information and an account 13 years old, where balances of £0 show, if anything was owing it would have been written off. If that is all you have received, that is all they have. She said she couldnt add anything further as I couldnt pass the security checks, the address they have for me is one of my old addresses after the loan was taken out, not the one on the CAC. She asked me for details of monthly payments etc and I explained that this was what I was requesting in my SAR and as it was 13 years ago, I was hoping they would be telling me. I said that the letter I received should have stated that there was nothing further held and she seemed to be quite flummoxed by that and gave me another number to call in the collections department to check if I wanted to as they dont have anything there. It just seemed like the normal customer services department to me.

 

Am I digging too deep for info, or should I call them too? I was getting so worked up myself, I didnt record the name of who I spoke to.

 

Should I send a reminder about the SAR and requiring all info, or just wait now?

 

If the CAC has only materialised as expected, are we any further forward in asking for Link to prove they own and have rights to this debt? Will I ever see what this debt was sold to them for?

 

Pictures by HAPPYNESS2010 - Photobucket

 

POC can be viewed here: http://s979.photobucket.com/albums/ae273/HAPPYNESS2010/Link%20Financial/

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Have you had anything back from Link at all?

 

Two things 'could' happen now, Link will write and have all the documents you requested in which case we will inspect and advise.

 

Or; they will come back to you after they hear from the Court with your defence.

 

You may also hear a date for the actual Hearing, but don't worry about that yet.

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Hi Harrassed Senior

 

Not sure if those links are working in message number 52 above, but the letters from Link are attached in the same photo bucket link. Link have wrote to me with a copy of the same CAC, sent from Santander and an additional checklist not sent by Santander. Nothing more, no deed of assignment, no other documents at all.

 

Santander say they have sent my statement of account seperately. Contacted them today to ask about SAR and they couldnt give me any information, saying if that was all they sent, that was all they had. This seemed to be just a general customer services number though and she couldnt advise me further, except recommending I phone the collections dept if I wanted to as she had nothing there. This probably doesnt mean much, but we shall see if anything else does arrive. They have up until 31st to send all documents in relation to the SAR.

 

I sent my embarrassed defence to the courts on 5 5uly and they have 28 days from 6th Jul to respond. I also sent an account in dispute letter on 8 Jul.

 

Please let me know if you still cant see the letters.

 

SF2010

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Photo 5 clearly has the box ticked saying signatures checked when clearly there is no signature on the agreement. There may be other discrepancies also, I am sure someone else will be along to help.

Dont let the parasite dca's prosper

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Thank you Batman, I did sign it, but covered it before taking the photo as I didnt know you could blank it out with photobucket until after first use. I didnt date it though and neither did the loan arranger. Dates may not make any difference, but that loan could be any age. I dont know if the bit for office use is part of the same form, or a separate form, as nothing links the two together, apart from details of ID that belong to me.

 

Please keep your comments coming, no matter how small you may think they are, as I really do appreciate each one. If only to feel that you are not alone, makes a tremendous difference. Thank you all.

 

SF2010

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I have just had a phone call from someone at Link, though I didnt give them my number and all my letters asked for correspondence in writing. She wanted to discuss the summons and my defence placed on 5th July. They didnt want to discuss it when I received it, saying that they only dealt with these matters by litigation. Perhaps, they had some sort of caller id which took my number, I dont know.

 

Anyway, I advised her that she needed to put it in writing. She said she was a manager there and well if you dont want to discuss it. I said no, put it in writing. The phone call ended there. I do feel shaken up, although Im glad I didnt discuss it. I didnt want to say something that they would use against me at a later date.

 

I hope I did the right thing.

 

Right now, I am waiting to see what Santander send before 31st. Also there are other documents not yet sent by link, Default notice, deed of assignment, so I will see what their next step is, after that very short phone call. I am worried, but I just have to see this through. I didnt want to be intimidated by the caller. She was most annoyed that I didnt talk to her so she could do just that.

 

SF2010

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  • 2 weeks later...

http://i979.photobucket.com/albums/ae273/HAPPYNESS2010/Link%20Financial%20withdrawing%20defence/LinkRetractionrequest.jpg

 

Please see the letter attached received today from Link. The documents attached only contained the same CCA and branch agreement form sent to me earlier.

 

Their attached letter for me to sign states:

 

I acknowledge the amount outstanding to Link and wish to make an offer of monthly instalments of £...... per month and I would wish these instalments due on the ............ day of each month.

 

I would be grateful for your advice in relation to the response I should give. Am I right in ignoring this letter?

 

Kind regards

 

SF2010

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No Sod Em, I did not. I know there is something not right here! If they had all that was needed, why havent they sent it to me. Sandtander havnt sent me anything but the CCA either, but they have a few more days to respond to the SAR.

 

What do you think Sod Em?

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If they intend on taking the matter to court, then they will have to prove that they sent you all the relevant documents you requested under you CCA/SAR. Let the term of the CCA and SAR letters run their course then use the fact they have not complied with them for your defence.

 

I think personally that they are clutching at straws and you should have a certain amount of time to respond to their latest letter anyway (that way the SAR and CCA requests will have run their course).

 

I am no expert in this particular field and I am sure other subscribers will respond when they get the email to say you have updated the thread. I think things are in your favour at the moment though;).

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Link14-7-10.jpg

 

Right, the above letter is interesting in that they state their response to your cca request is satisfied. Which it may well, be but I am not an expert in these documents, but it still does not seem complete.

 

My opinion at the moment would be to certainly not return the signed admission that they want, and certainly not to withdraw your defence.

 

Hopefully a few more of the experts will be along to offer their opinions on what has been sent, it does not seem complete to me.

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Hi Pumpytums

 

Yes it runs out on the 31st which is Sunday. Should I chase Sandtander them for a response relating specifically to my SAR as they didnt actually word their letter sent with a copy of the CCA appropriately, as that related to only the account. I still havent received the details of all payments etc which is claimed to have been sent seperately.

 

I did call the number provided as you advised and they said if it was all that was sent, then it was all they had, as it was a closed account, but Im not convinced it was an appropriate number as it seemed to be general customer services.

 

If nothing turns up by Monday, what should I do?

 

SF2010

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Thank you HS and Pumpytums, a million times!! Im grateful for you sticking with this and taking your time to advise me.

 

Can anyone advise about whether they have complied with the CCA request? I am sure this is how they get to proceed with cases as their letter doesnt mention what they have sent. I would like to write and advise that they have not and point out the missing requirements, not that it would make a difference to them, but it may do in court. Saves me having to argue about what is missing in front of the judge.

 

SF2010

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Send them a Letter before action.

 

Give them 14 days if they don't comply file at court for damages for failiure to comply with a SAR request. When you win use the funds to force them to disclose the SAR info this costs £175. So I would suggest if they want to play silly beggers your damages would be £175.

 

I was at one point 2 days from issuing a claim against Santader.

 

Get your LBA ready also mention in it reporting them to the Information Commissioners Office.

 

I have the number for Santander Cards UK data management office not sure if it could help but it may. They were very helpful to be honest.

 

Number is

 

May be able to help but this is for cards

 

Samantha Bastow or Lynn Pearson

Credit Data Management

Tel: 0871 5225085

 

Janet McGuire

Complaint Resolution Team

0871 522 5167

 

Hopefully they should be able to give you the relevant number if you explain what you need or they may be able to help.

 

 

 

Pumpytums

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If the 40 days are up from receipt of your SAR, and you have tried to contact them by phone with no result ie You cannot get in touch with the right department then I would say yes. If you speak to them tell them that their 40 days are nearly up and if it doesn't arrive Saturday morning. You will be sending a letter before action and you WILL be filing at court 14 days latter. Send the LBA registered.

 

Don't let them mess you around I still believe it to this day they did the same thing to me on purpose. Sink managed to get statements and the CCA quite quickly it took me over 6 months. With hindsight I would not hesitate in taking them to court they messed me about something rotten. The only thing I can say in their defence they had just purchased GE so everything was in flux, no excuse though.

 

Pumpytums

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Thanks Pumpytums

 

Do you have a copy of a LBA you could share? I will try the number you gave to me to see if they can provide any more advice, but if not I will send the LBA on monday.

 

SF2010

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Hi Pumpytums

 

I just called the number you provided, but they reminded me that they had up to 40 days to reply, they didnt acknowledge receipt of SARs, they couldnt help me as they were for credit cards and I should contact the number on the letter I have already called. I think I will just send the lba to Abbey on Monday as it doesnt look as though this is going to be resolved by telephone.

 

Thanks so much for your help and advice. EVerything is worth a try here.

 

SF2010

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