Link/Kearns Letter of Claim - HBOS Credit Card

[dx100uk]

why did you tip them off?

 

that is not what is recommended.....

[cenk102]

How did i tip them of? With the cca request?

 

Does this board share details with dca's?

Edited November 7, 2022 by cenk102

[dx100uk]

no we are anon as are you.

but you should have held the CCA till sending of the LOC reply.

failure to abide by the 14+2 working days means nothing toward CCA compliance going fwd.

you really do need to read up.

 

 

[cenk102]

So they dont have have to abide by 14 working days, i will send out the LOC tomorrow.

 

This is from the link you gave me earliar.

 

"staple the £1  PO to the CCA request and send it to the debt purchaser

return our completed PAP form below to the solicitors that sent it to you

attain free proof of posting for BOTH at any PO counter

1st class mail will do. recorded is a waste of money"

 

so will send pap form tomorrow..

Edited November 7, 2022 by cenk102

[dx100uk]

On 04/11/2022 at 21:22, dx100uk said:

dont rush, run the 30days close

dx

 

15 hours ago, cenk102 said:

So they dont have have to abide by 14 working days

nope where does it say they must?

 

dx

 

[cenk102]

Doesnt the cca have to be returned within 12 +2 working days..

[dx100uk]

Why? That's only relevant if you were paying, as it renders things unenforceable till they do, but as you are not....

 

You really should be reading letter of claim threads , link debt threads and also stop just reading one post in a thread, not just post 2. 

 

Dx

[cenk102]

In hindsight i should have let them take me to court and then request documents.

 

I dont understand why link are taking ppl on low income to court at present. Just received email from energy supplier, currently my energy bills are like 25% of my wage.

 

My expenses are more than my earnings.

 

1 hour ago, dx100uk said:

Why? That's only relevant if you were paying, as it renders things unenforceable till they do, but as you are not....

 

You really should be reading letter of claim threads , link debt threads and also stop just reading one post in a thread, not just post 2. 

 

Dx

Its happened, i will delay the pap form till end of month.

 

Thanks for your help you can tell im an amateur..

[dx100uk]

Hey no sweat

The more you read the stronger we become.

 

Dx

 

14 hours ago, cenk102 said:

In hindsight i should have let them take me to court and then request documents.

No. That's why the pre action protocol exists. 

 

If you want help with debts start a thread in the debt self help forum.

 

Dx

[cenk102]

Update

 

Just when i was ready for legal action Kearns have written and said they have sent file back to Link Financial. So im guessing not taking me court yet..

 

Still dont understand in the current cost of living crisis they want to take people on low income to court. Take me im self employed, on low income and receive benefits. I dont own a home so the odds are against them.

 

Im tainted with bankrupcy scar for eternity as im on gazette online, having ccj doesnt really compare.

 

Offering them £1 or £2 is pointless as it will never pay off debt and will be in this situation till the day i die.

 

Link can only threathen me with ccj and bailiffs but if i dont have any gagets worth anywhere near £10k then what use is bailiff.

 

We are in a long recession i hope all dcas go bust. The law needs to change either original creditors sells the debt or write it off in tax losses, they shouldnt be allowed to do both. 

 

Anyway DX thanks for helping me fill the letter of claims form. It has delayed court action, in mean time will continue to read up on court claims..

Edited November 28, 2022 by cenk102

[dx100uk]

that doesn't mean the end of it.

 

bailiffs can ONLY ever be appointed by a COURT if ASKED FOR and if you've ALREADY lost a court judgement.

 

dx

 

[cenk102]

Yes i know.

 

But those docs i requested with letter of claim will they give them?

 

Still not received the cca response which was separate.

[dx100uk]

Doubt it and even if they do, most stuff from Kearns/link usually has some form of fakery involved 

 

Get reading like threads, then everything is answered. 

 

Dx

[cenk102]

Well just received cca response, 

 

"Unfortunately, the original creditor has confirmed that they are currently unable to comply with your request within the 12 day initial timeframe"

 

So they will comply, so a reconstituted cca coming up?

Edited November 29, 2022 by cenk102

[dx100uk]

you mean a fake made from stuff out of their filing cabinet with your name inserted on to it. not ever from the original creditor an the one you actually filled in....

 

[cenk102]

Who can make reconstituted cca, the original lender or the new owner?

 

Can link make up reconstituted cca?

 

Rephrase question, can link create a reconstituted cca or can hbos only do it?

[dx100uk]

it must come from HBOS.

 

however, there is no way to know for sure where it comes from, 99% of dca's fake paperwork just look in some claimform threads.

 

dx

[cenk102]

So link sends me reconstituted cca, and i do sar and hbos doesnt have reconstitued cca, can that mean link made it up?

[dx100uk]

but who says any of it is enforceable?

 

you seriously need to go read threads here.

 

no more nurse maiding.

 

 

On 29/11/2022 at 13:08, cenk102 said:

and i do sar and hbos doesnt have reconstituted cca,

an sar does not have to include a copy of the agreement.

 

dx

[Andyorch]

23 hours ago, cenk102 said:

Who can make reconstituted cca, the original lender or the new owner? The legal owner of the debt (Link)

 

Can link make up reconstituted cca? Yes

 

Rephrase question, can link create a reconstituted cca or can hbos only do it? See above HBOS are not now the legal owner

 

 

Andy

[cenk102]

Thanks Andyorch

 

What i need to know is what needs to be on cca, do updated terms of the credit agreement need to be included as i can recall few time receiving letters stating change terms and conditions.

 

Also credit limits, do changes need to be included.

 

Obviously trying to look for loophole so i dont need to go for a DRO. 

 

With my current situation a ccj is same as a DRO.

[dx100uk]

 

You won't get a ccj if defended properly and you most certainly should never do a dro/iva/bk over consumer credit debts 

 

Dx

[cenk102]

But the letter from link also says will get back to me when they receive update from original creditor.

 

 

[Andyorch]

The preliminary issues determined by the judge in the case of Carey were:

 

Issue 1

When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:

a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or

b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?

 

It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.

The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act.

 

The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):

1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974

2.     Name and address of the debtor

3.     Name and address of the creditor

4.     Cancellation clause applicable to the executed agreement.

 

All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.

 

 

Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?

 

A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.

 

Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form?

 

The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.

 

 

Issue 2

 

If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?

 

If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.

[cenk102]

 

I will have an crack at defending this, no doubt.

 

Having a CCJ is the same as DRO for me, it doesnt effect my way of life and it also stops me getting credit in future. Ive sat down with the other half and both agreed no more credit in future no matter what.

 

Andy said Link can create reconstituted CCA so why are Link awaiting an update from BOS if they can reconstitute document themselves?