Link Court Threat Please Help!

[Jacksonjay]

Hi everyone,
I have been in significant credit card and personal loan debt for a long time.

Recently, I received a court threat letter from Link Financial regarding a pre-2007 MBNA credit card debt that defaulted in 2008. The amount is over 9k. I had been making small token payments but stopped about three and a half years ago. They have given me 14 days to respond; otherwise, they will instruct their solicitors to begin legal proceedings. I have sent them a Pre-Action Conduct letter requesting proof that I owe the debt.

I only received their letter seven days after it was posted, so I had to act quickly and am unsure if I did the right thing. I am also considering sending them a £1 fee to request a copy of the Consumer Credit Agreement (CCA) to determine if the debt is enforceable and in the hope of stopping the court proceedings.

I would greatly appreciate any immediate advice on the best course of action in my situation and confirmation that I am proceeding correctly.
Many thanks in advance

[echat11]

Hi JACKSONJAY

Welcome to LB

I'd wait for them to respond to your 'prove it letter', see what they send back.

They should provide a copy of The Agreement, Default Notice and Letter of Assignment.

Whatever they send back must be compliant (so you need to check it), everything needs to 'stack up'.

https://lawzone.legal/when-is-a-cred...unenforceable/

https://www.handbook.fca.org.uk/hand...te=2017-03-07#

Sending a CCA / SAR are considerations once you get their response.

[Jacksonjay]

Hi ECHAT11,

Thank you so much for replying to my post so promptly and for the link. I hope they provide everything I asked for, but I’m worried because this debt is very old. They may not have the original CCA available, and they might take a chance by taking me to court, hoping that the judge will take their side and legitimize their claim. This way, they wouldn't have to prove anything to me as long as they get the right judge on the day.

Have I done the right thing by sending a Pre-Action Conduct letter? I've read that some people send three letters as well—does that work?

Thank you so much, and sorry for all the questions!

[echat11]

Hi ECHAT11,

Thank you so much for replying to my post so promptly and for the link. I hope they provide everything I asked for, but I’m worried because this debt is very old. They may not have the original CCA available, and they might take a chance by taking me to court, hoping that the judge will take their side and legitimize their claim. This way, they wouldn't have to prove anything to me as long as they get the right judge on the day.

Have I done the right thing by sending a Pre-Action Conduct letter? I've read that some people send three letters as well—does that work?

Thank you so much, and sorry for all the questions!

Yes the Courts are 'stacked' against Joe Public, because he hasn't got limitless monies. These entities can buy debt for peanuts, make thousands of claims knowing they only need a few claims to claw their outlay back. They also know they the Courts are a 'lottery'.

Yes your prove it letter is fine.

Update when you get a response.

[Jacksonjay]

I'll keep you updated as soon as I receive a response.
Thank you so much