Link sold RBS credit card debt subject to CCJ/CO (restriction k)

[Witsender]

Hi All,

 

Hoping for a little help and advice please.

 

This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland.

 

Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money.

 

I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.

 

Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.

 

For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee. 

 

I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.

 

After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.

 

I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home. 

 

I really appreciate any help and guidance. Thank you.

 

 

[AndyOrch]

Hi and Welcome to the Forum.

 

What date did your payments to RBS stop ?  Roughly how much is the judgment for ?

 

Andy

[Witsender]

Thank you for the welcome.

 

RBS payments stopped in 2015 and the Judgment is £13000

[AndyOrch]

So the CCJ is coming up to its sixth anniversary...hence the flurry of activity. Debt assignment even ones with a CCJ attached when sold / assigned....

 

Therefore they are desperate to get you on board with some kind of payment arrangement before it hits that  6 years period since the CCJ was given.

 

An action cannot be brought on any judgment after the expiry of 6 years from the date it became enforceable. The term “action” only applies to the commencement of fresh proceedings on a judgment, it does not include enforcement proceedings so, strictly speaking, for enforcement purposes and enforcement proceedings, no limitation period applies.

 

However, any delay in enforcement on the part of the judgment creditor will affect any award of interest as recoverable interest is limited to 6 years on a judgment that is executed after the expiry of the 6 year period.

 

Court permission is required to enforce a judgment debt that is more than 6 years old. In a particular case of Warrants of Execution, these must be renewed after 12 months if they have not been enforced. Further, the court is entitled to take account of delay and enforcement when exercising its discretion to grant any Order sought.

 

 

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[dx100uk]

Well stuff and all they can do with only a restriction k 

£13k thats one hell of a card debt..

 

wonder why rbs decided to sell it on ....should they have allowed you to have such a large balance? Were you well solvent at the time? Looks like you were not if you had to pay your mortgage with it for god knows how long to run up £13k..

 

smacks of possible irresponsible lending to me esp if your credit file was shot with all manner of default s and lots other debt/ lending .

[Witsender]

Link deducted the £1 I sent for the credit agreement request from the judgement balance even though I made it clear in the letter for them not to. So i'm assuming that this will make the transaction complete and making them the legal owner now.

 

At the time I thought the credit card had been cut up and didn't know the mortgage was being paid on it. Hence why I was so shocked that RBS allowed this much to be burrowed on a card.

[dx100uk]

link always do that

it doesnt change anything.

 

 

[fkofilee]

Link have to assign that £1 to an account for accounting reasons. 

 

[Witsender]

2am and its got me wide awake. Any advice on my next step.

[dx100uk]

7 hours ago, dx100uk said:

Well stuff and all they can do with only a restriction k 

£13k thats one hell of a card debt..

 

wonder why rbs decided to sell it on ....should they have allowed you to have such a large balance? Were you well solvent at the time? Looks like you were not if you had to pay your mortgage with it for god knows how long to run up £13k..

 

smacks of possible irresponsible lending to me esp if your credit file was shot with all manner of default s and lots other debt/ lending .