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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Link and Barclay card debt - 6620000 blank CCA return **ACCOUNT CLOSED**


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Have you checked all the above requirements and what they have sent complies ?

We could do with some help from you.

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Well, the photocopied letter from Barclaycard (which is addressed to me, although it has clearly been sent directly to Link) states that they 'enclose a reconstituted copy your credit agreement together with a copy of the terms of your credit agreement.." However, as my links show, all they sent were copies of the terms only. There is no actual agreement form at all.

 

It would seem to me that they haven't complied at all?

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thread tidied

attachment now attached to the post above rather than a link.

 

 

its the std 66220000 stuff they send out to everyone that requests a cca from bc,

 

 

there one set of t&c's that has your details at the top and a generic agreement

don't think we've ever seen a case where these proved enforceable.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well, the photocopied letter from Barclaycard (which is addressed to me, although it has clearly been sent directly to Link) states that they 'enclose a reconstituted copy your credit agreement together with a copy of the terms of your credit agreement.." However, as my links show, all they sent were copies of the terms only. There is no actual agreement form at all.

 

It would seem to me that they haven't complied at all?

 

Correct there is no actual agreement...there is a " please sign this agreement sheet " but no actual agreement just T&Cs...so yes they are in default.

We could do with some help from you.

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Thank you Andy for your response.

 

So,

if I am understanding everything correctly,

what they have sent me is absolutely fine and they have fulfilled their obligation to my request? No because there is no agreement enclosed reconstituted or otherwise.

If that is the case, where do I stand now? Your decision...I personally would ignore link

Do I have to start paying them? See above

 

Your last line states:

 

 

"Provided that the creditor makes it clear that it accepts that the agreement is unenforceable pending compliance with section 78, there is nothing further which the debtor needs to do at that time."

 

Does this apply to me?

Yes

 

Andy

We could do with some help from you.

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Andy

Thank you very much. I will ignore them gladly!

How long though do you think they will persist?

 

How long is a piece of string ? Until they get bored and know your not biting back.

We could do with some help from you.

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  • 2 weeks later...

Its Default Notice issued by a DCA who is not entitled to issue one....only Barclays can issue it.

 

Andy

We could do with some help from you.

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hehe that a very weird letter

1st link as a debt buyer cant issue a default notice

only the original creditor can.

 

 

its written on the 10th feb 2017

 

 

giving you till the 26th

urm only 15days even if it was something they could do.

 

 

 

 

is this debt on your creditfile already

if so whats the defaulted date?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you. In that case I will ignore it.

I was wondering if they can carry out their threat of intended action - commencing court proceedings & informing Credit Reference Agencies of the 'default'.

 

Its strange. According to my Clearscore report, there is a Link Financial account with an account open date of 19th July 2009 (the date the original account was opened with Barclays).

When I check to see the paymeny history, there is a full payment record all the way back to feb 2013 with no missed payments.

 

When I check the closed accounts section, there is the Barclays account, opened on 19th July 2009, last updated October 2016, with no payments on the account between March 2014 and May 2015.

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that's what you should see

now theres no default date?

 

 

go check noddle too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi DX100

 

Noddle tells me that the Link Financial account was opened on the 19th July 2009 and the status is up to date with OK monthly status between October 2016 to present, despite me not having paid them anything.

The closed Barclaycard account does not show up anywhere on Noddle. I checked the closed accounts and open accounts.

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  • 1 month later...

Hi, here is yet another letter from Link, received yesterday (27th March, although dated 23rd).

 

This one is just demanding money,

but the last letter I received threatened court action and passing information on to the credit reference agencies - can they do either of these things?

 

I can ignore letters easily, but I'm worried about the legitimacy of their threats.

Link 23.03.17x.pdf

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they cant default only the OC can.

 

 

as for court

they have no more legal powers than you or I

in otherwords all they can do is issue a speculative claim.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 months later...

I wanted to give a quick update on my situation, as things have finally reached a conclusion.

Link Financial have closed my account!!

 

It took six months of ignoring them completely, but eventually they have given up.

 

I want to thank you all of those who have offered their advice here,

and also to encourage anybody going through the same thing to persevere and to trust what the guys here have to say.

 

 

I will say that I was worried throughout,

because you just don't know how serious their threats are,

but in the end the advice I was given here was absolutely spot on.

 

Thank you all once again.

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well done

another fleecing attempt bites the dust!!

 

 

 

 

dx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Please help.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

" Link Financial have closed my account!!"

 

Closed " the account " you have not got an account with them so no " my account ":wink:

 

Well done.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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