Link/Kearns Letter of Claim - HBOS Credit Card

[Andyorch]

Quote

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

 

They will still liaise with HBOS to see if they have the original agreement or for copies/details of similar from that period to enable a reconstituted version.

[dx100uk]

let's not lose sight of the fact this is NOT subject to a court claim.....

[cenk102]

After 2.5 months received response for cca.

 

All pages are letter headed by link financial.

 

One titled "credit card agreement regulated by consumer credit act 1974". Has my old address where i applied for card.

 

Another document titled

"Your Bank of scotland credit card terms and conditions"

"applicable from 1 january 2013"

 

Then i have another document

"Backbook customer copy template - LRST01 Non-BRL"

"Bank of scotland credit card conditions- customer copy" with my current address on it.

 

They say the "original vendor" has provided the documents its enforceable now and the accounts been terminated and requesting full payment now. Well good luck to them i have nothing to give them.

 

How can bos provide documents with letter headed on Link Financial paper, it doesnt say reconstituted terms anywhere.

 

Should i send a SAR to BOS as i do recall i requested credit limit increases at least 3 times and received update of terms a few times.

 

 

[dx100uk]

Scan everything up to one mass pdf 

 

Probably come out of their filing cabinet not HBOS

 

Yes send an SAR 

 

See what that shows

[cenk102]

One titled "credit card agreement regulated by consumer credit act 1974". Has my old address where i applied for card.

 

Another document titled

"Your Bank of scotland credit card terms and conditions"

"applicable from 1 january 2013" has my old address on it.

 

Both these agreements have the first 10 paragraphs the same. The doc called "applicable from 1st january 2013" has alot more terms but the other after 10 paragraphs has tick next to signature box.

 

I know for a fact, a few times terms were varied as i got letter from bos.

Edited February 3, 2023 by cenk102

[dx100uk]

let us decide please

 

 

dx

 

[cenk102]

The files

the files are two big the final doc is 7mb

 

Final one thanks

 

all 3 docs uploaded, the file was too big

 

Link CCA Return .pdf

 

Thanks DX for putting it all in one pdf

 

So what do you reckon, enforceable?

 

I should add end of nov 2022, Kearn sent my file back to link and never sent my request for default notice, statements etc etc.

[dx100uk]

link stated that is a reconstituted CCA return?

its pretty much compliant but thats not for us to decide

that will be for the judge

if if if they ever goto court.

 

and of course there are the other docs like the default notice they'll need.

 

dx

 

[cenk102]

Wont they have to prove i owe 9k, when i first signed up credit card the credit limit was very small.

 

I did increase credit limit a few times in the 5 years.

 

Also i do recall receiving large terms and conditions letters a few times from bos, dont these have to be included?

 

What angle can i challenge this is court?

 

Kearn sent file back to link in nov, so will they have to issue another PAP form.

 

If i lose in court and get ccj i will just go for DRO i cant afford it and cant have it following me for 6 year. With DRO its finished..

[Andyorch]

The note of your DRO stays on your credit file for up to six years after the date the DRO was made. This means it could be some time before you can get credit in the future.

[cenk102]

Page 20, "the documents have been provided from original vendor"

 

Where does it say they have sent reconstituted cca? Why have link letterhead on cca from BOS?

 

3 hours ago, Andyorch said:

The note of your DRO stays on your credit file for up to six years after the date the DRO was made. This means it could be some time before you can get credit in the future.

No more credit for me rest of life, i promised the missus, no more threats if i get ccj, i have no assets. I was made bankrupt 18 years ago which i had to pay around £500 now with dro its £90. I will only do this if i get ccj..

 

But of course i dont want to do this, if i can win the court case it would be better.

 

Link have not stated this is reconstituted cca, page 20 of the bundle is the opening letter sent with the cca copies.

Edited February 3, 2023 by cenk102

[dx100uk]

ok

just type no need to keep hitting quote

we know what we've typed 

[cenk102]

Yes no problem.

So in your opinion is this a reconstituted CCA?

 

Link have not mentioned its reconstituted cca on the opening letter.

[dx100uk]

1 hour ago, cenk102 said:

So in your opinion is this a reconstituted CCA?

no just asking if they had claimed so.

[cenk102]

They havent, they said in the opening letter the documents have been provided by the original vendor. Strange not to use their name which they have in the past when they could comply.

 

Why would original credit agreement be in link letterhead, very confused.

[dx100uk]

its the way link do things, certainly of recent years.

they reprint 'whatever' info they get on their letterheads. it sort of looks dodgy and could well be....

 

however i would never ever trust link as far as i could kick them.

there are SOOO many many threads and court claims here over the +40yrs they've been around that they lost and or tried to scam people with faked up stuff and ran away.

 

you are rather innocent/new to all this 

i seriously recommend you go read a good few 10'sof threads here on link and poss HBOS credit card threads etc.