urbantiger v Abbey

[urbantiger]

Hi

 

I recently requested a CCA from Link Finance regarding an Abbey Loan. The request was initially made on 10th February 2009 and follow up letter was sent on 16th March 2009.

 

I received a letter back from Link Finance saying the account had been put on hold for the time being.

 

Last week I started receiving calls again from Link Finance, I didn't answer, they requested I call them, which I didn't. This week I received a copy of what appears to be the CCA, it is an extremely bad copy of what looks like itself to be a copy.

 

I was wondering if anyone has any advice on what to do next?

 

I have attached a copy of the CCA returned, can someone tell me if it is enforcable, especially considering the time it has taken to produce it and the legibility of the document.

 

Any advice would be greatfully appreciated.

[madasamuppet]

Its a bad copy but seems to have all the prescribed terms on it although not sure if all the figures add up or not someone else will have more knowledge as to what is correct but did notice that you have left some info like account numbers on the top might be best to go and edit these out.

[IdaInFife]

as mad has said seems to be ok as the prescibed terms are there albeit it a bad copy but the PT's can be read

 

Ida x

[leothelioncub]

am i mis reading this but was the signature for the bank signed on the 25/07/2006 yet u signed the loan on the 27/07/2006? am no expert, although learning fast, but that surely cant be right?

[urbantiger]

Thanks for your replies.

 

Presume the dates are down to Abbey signing before forwarding to me for a signature. I don't know if that is the correct / normal way of doing it?

 

So presume I need to write them a letter making an offer of monthly payments or something along those lines now??

 

Does it make any difference that they didn't come up with CCA for 5 months?

 

Thanks again for all your help.

[leothelioncub]

I dont think it is as anytime I've had a credit agreement the bank has always signed after i've or my better half has signed the agreement, perhaps a higher knowledgeable person can come through on this? if it was signed on the 25th?can you definately confirm this tiger?

[pedross]

Thanks for your replies.

 

Presume the dates are down to Abbey signing before forwarding to me for a signature. I don't know if that is the correct / normal way of doing it?

 

Yes its alright for them to sign first

 

So presume I need to write them a letter making an offer of monthly payments or something along those lines now??

 

You need to look into it more - is the apr correct etc

 

Does it make any difference that they didn't come up with CCA for 5 months?

 

Not now they have sent it

 

Thanks again for all your help.

 

I have added some notes but it is a poor copy and you need to wait for more advice to come along.

 

In particular there is Payment Protection Insurance on the agreement. Was it right for you? Did you qualify for it and would you have been eligible to claim on it if needed? Did you think that you had to accept it to get the loan accepted? Was it explained to you properly Etc Etc. The point is was it mis-sold?

 

If it was, you can claim the money back you have already paid on the PPI and get the total charged for it deducted from the loan which will reduce the balance owing.

 

Well that should start you off, look around the site you will get lots more ideas.

 

Pedross

Edited August 26, 2009 by pedross

[urbantiger]

Hi

 

Was definitely signed on the 25th, but seems from Pedross that is OK.

 

PPI was as usual pushed as part of the loan and at the time it felt to difficult to say "no I don't want it". I am Self-Employed and feel that PPI's always have a get out clause but they are usually insisted on by the lender. I will have a look around the forum and to see how I deal with the PPI issue as this loan has already been sold to a collections agency.

 

Thanks again for all your advice.

[pedross]

Hi tiger

 

It looks like you will probably have a claim for PPI mis-selling if you look on the forum you will find advice on how to deal with it.

 

You need someone to look at the loan agreement for enforceabilty as well.

 

I suggest you change the name of your thread and you may get more advice. e.g. is this Abbey loan with PPI enforceable? or something like.

 

Pedross

[urbantiger]

Hi

 

I sent a CCA request to Link finance who have purchased an Abbey loan in my name. After 5 months they sent through a bad copy of what appears to be the CCA. It is attached.

 

It includes PPI which was mis-sold as it was pushed with the loan.

 

Can anyone tell me if this CCA is enforcable and also how I go about disputing and removing the PPI from the loan as it is obviously no longer with the original creditor.

 

Any help would be greatly appreciated.

Abbey CCA LinkFinancial.pdf

Edited September 4, 2009 by urbantiger

[stereophonicsfan]

Hi

Sorry I can't help but subbing as I also have a loan with Abbey so would be interested in your replies.

[PGH7447]

your account number is still showing

[urbantiger]

Thanks, removed number

[stereophonicsfan]

Hi

 

I am replying to this old post as I have the same agreement and would be interested to hear if anyone has any views on the enforcibility of this agreement?

[urbantiger]

Hi

 

I wonder if anyone can help me with some answers?

 

I just received a Formal Demand letter from BCW for an *alleged* Abbey National loan which I believe is statute barred.

 

Until end of April the debt has been with Link Financial whom purchased the debt back in Feb 2007.

 

No payment or acknowledgement of the debt has been made to Link financial in that time. At one point in 2010 a CCA request was filed which they did provide however I ignored it and they did not follow it up. The requests for CCA's where not singed only printed and I don't believe they could be used as acknowledgement of the debt.

 

The debt fell off my credit report at the end of February 2013 and 1 week prior to that I had a letter from Link stating the files would be passed on to BCW if I didn't contact them in 7 days.

 

Obviously they did pass it on to BCW as within the first week of March 2013 I received a text message and the following letter from BCW.

 

My questions are, could the production of the CCA by Link be used to reset the clock in 2010 even though I didn't respond to it?

 

Do I just ignore this letter from BCW and wait for further communication from them as I believe this is just an initial letter or do I write back with the Statute Barred letter now?

 

Worth noting are,

The debt has dropped of my credit file.

I lived in England when the debt was taken out but have lived in Scotland for nearly 6 years now.

No payment has been made by me towards the debt since Link has had the debt.

No letters of communication with Link have been signed.

The only monies sent to Link were a postal order for £1 CCA request fee.

 

From everything I've read here I believe the debt should be Statute Barred but just wanted to check with the experienced minds that frequent this forum.

 

Letter from BCW

------------------

 

Dr Mr .......

 

We have been instructed by Link Finacial Limited re: Abbey National plc to recover an overdue debt, in the sum of £15, 454.45 on their behalf.

 

Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to commence Legal Proceedings if necessary.

 

Please call our 24 hour payment line immediately .........

 

Should there be any matter that you would like to bring to our attention or if you wish to discuss your financial circumstances in relation to the debt, please call us immediately.

 

-------------------------------------

 

I think the wording of this letter suggests they know it is Statute Barred and that also if Link "will not hesitate to commence Legal Proceedings..." then why haven't they done so in the preceding 6 years?

 

Thoughts ideas and suggestions gratefully appreciated.

[citizenB]

A debt becomes statute barred when no payment of acknowledgement of liability has been made for 6 years after the last payment has been made in England & Wales and 5 years in Scotland.

 

If you believe the debt is statute barred, then you should send the SB letter from the CAG library, telling them it is SB and that you will no longer be making payments toward the debt. You should establish when you made the last payment towards this account.

 

 

Many DCAs will argue that limitation accrues from the time when the "default notice"

is issued. It does not.

 

Limitation clock starts ticking from when the

payment is due and not paid not when they send a default notice.

 

We often see that CRA entries will date 5 or 6 months ahead of when the payment was

missed.

 

People need to be sure that they aren’t being hoodwinked and that

the DCA is extending limitation so they can sue when they are not allowed to.

 

 

If you live in Scotland then I would say the 5 years applies. I will alert members of the ST who would know for sure.

[BRIGADIER2JCS]

Hi, yes this is obviously statute barred, but you (the debtor) must inform the creditor of the status of the debt in writting.

 

So send the following to

The Compliance Manager

BCW.

 

Ref: use the one on their letter.

 

Sir/ Madam,

 

I refer to a letter from BCW dated xx xx xxx in which it is alleged I owe a debt for £xxxx.xx that you claim to collecting on ehalf of Link Financial, please note I do not aclnowledge any debt to BCW or its client Link Financial.

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred and I will therefore not be making any payment now or in the future.

 

I would remind BCW that should it dispute the status of the alleged debt the onus of providing unequivocal proof that the debt is not statute barred falls entirely on BCW and/or its client.

 

I suggest that BCW should now close the file on the alleged debt and return it to its client.

 

BCW WILL now cease to process all data relating to me and remove it from all records.

 

I have been made aware of the OFT Guidance 2003/2012 and the section regarding the pursuit

of statute barred debt.

 

This is my final response.

 

 

Send this by RM recorded delivery and check delivery.

[maroondevo52]

 

My questions are, could the production of the CCA by Link be used to reset the clock in 2010 even though I didn't respond to it?

 

 

The £1 payment was not a 'payment in respect of a debt' as per s29(5) Limitation Act 1980 and in fact the statutory payment for your information request under the Consumer Credit Act. Therefore it cannot be considered a payment in relation to the statute of limitations.

[dx100uk]

5 threads dating back several years on the same debt merged for history of advise.

 

i'd get a PPI reclaim going, they owe YOU!!

 

dx

[urbantiger]

Thanks everyone. and dx for pulling those old threads in to this one.

 

I just found the old default figure from Abbey back in 24 Feb 2007 which is stated as £15,454.00 and in March 2013 they are chasing for £15,454.45 showing clearly no payments have been made to the account in 6 years.

 

I'll send off the Scotland Statute Barred letter along with the suggested cover letter from Brigadier and send it all Recorded Delivery.

 

Don't want to pursue PPI until I have some confirmation the debt is definitely Statute Barred and Extinguished just in case it resets the clock, maybe that's just me being nervous though.

 

Thanks again

[dx100uk]

just you

 

go do it.

 

dx