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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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pigrocks

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 ?


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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


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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.


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Yes that sheet :-)


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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


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Andy

Thank you very much. I will ignore them gladly!

How long though do you think they will persist?

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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.


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Hi,

 

Please help!

 

I received this letter from Link yesterday.

 

Do I ignore it, or do I need to send them something?

 

Thank you in advance.

Link 10.02.17x.pdf

Edited by pigrocks

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

 

Andy


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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?


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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


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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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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


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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 DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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" 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


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