Link Financial Issue

[Worrywort22]

I have a couple of issues with Link Financial both relating to Halifax one is a loan and one a credit card
The credit card is a small amount and I sent a CCA request as it dates back to 2006 and not statue barred. I never received a reply instead a letter was sent to my sister in laws address who happens to have the same name. They have passed the letters on. The first letter from them was to tell me they were looking into it and returning the £1 as they don’t require it anymore and then recently again to my sister in laws a letter with a signed application form and typed credit terms with nothing on anything giving me an agreement number so not sure if it is even the correct one. The letter also said the debt was now enforceable. So not sure what to do with this I just wish they would reply to my address

the second issue I have is with a loan which was joint with my husband. My letters have been going to my sister in law and my husband has been receiving his. He emailed in because he could not get onto the portal to set anything up and got no response. 2 weeks later he gets a letter of claim from Kearns as did I again to my sister in laws. Husband has emailed Kearns to say tried to log into portal and that he also emailed Link but again he has had no reply. So at a bit of a loss where to go from here with everything.

any advice would be welcome thanks

[echat11]

Why do you believe the Credit Card isn't statute barred?

Why are they sending documents to your 'sister in laws' address?

Do they have the correct address for your husband?

Could the loan be statute barred?

[Worrywort22]

The last payments I made to the credit card and loan were through a debt management plan back in Jan 2021 so still within the 6 years. I have no idea why they are sending it to my sister in laws address when I wrote and asked for the CCA I put my address, and the reply they sent went to her. She does have the same first and last name. but it is embarrassing her getting these. My husband is getting them sent to the correct address, which is mine as well.

[echat11]

The last payments I made to the credit card and loan were through a debt management plan back in Jan 2021 so still within the 6 years. I have no idea why they are sending it to my sister in laws address when I wrote and asked for the CCA I put my address, and the reply they sent went to her. She does have the same first and last name. but it is embarrassing her getting these. My husband is getting them sent to the correct address, which is mine as well.

Make a Formal Complaint to Link, follow the complaints procedure on their website.

They are breaching the Data Protection Act 2018 by sending information to an incorrect address.

https://ico.org.uk/for-the-public/ho...tion-complaint

Once you get a final response / deadlock letter, then you can lodge a complaint to the ICO.

You might be due some compensation from them.

[Worrywort22]

Thanks, ECHAT. Regarding the loan that is also in my husband's name that they seem to not want to reply to anything about. The letter before claim worries me so should we do anything else, even though he has tried contacting them through the portal and two emails now

[echat11]

Thanks, ECHAT. Regarding the loan that is also in my husband's name that they seem to not want to reply to anything about. The letter before claim worries me so should we do anything else, even though he has tried contacting them through the portal and two emails now

Send the letter in the link providing in post 4, make sure you get Proof of Postage.

Also you could send them the following letter, it's 'harassment' because they keep sending letters to your 'sister in law' when they've been informed of the correct address.

Make sure you get Proof of Postage.

https://nationaldebtline.org/get-inf...sment-warning/

So you are sending two letters.

Update when you get a response.

If they start proceedings, then you can show the Court that Link has just 'ignored' your communications.

[Worrywort22]

Thanks. I notice the first letter says about giving them a telephone number. Can I leave this bit off ?

[echat11]

Thanks. I notice the first letter says about giving them a telephone number. Can I leave this bit off ?

Yes, leave tel out.

[Worrywort22]

Update response received

[echat11]

Update response received

A standard response, update when you get an update from them.

[Worrywort22]

I have received a response, and they have stated that the complaint has been upheld, citing human error as the cause. They have said that, as requested, they have removed the wrong address from the account and will no longer send anything there. In response to the CCA request that was sent to the wrong address, they included it with the complaint letter response. This only includes a signed agreement and printed terms and conditions. I have no default letter, letter of assignment or statements to show I actually owe the amount. Shall I go back and say they have complied with the CCA request?

[echat11]

I have received a response, and they have stated that the complaint has been upheld, citing human error as the cause. They have said that, as requested, they have removed the wrong address from the account and will no longer send anything there. In response to the CCA request that was sent to the wrong address, they included it with the complaint letter response. This only includes a signed agreement and printed terms and conditions. I have no default letter, letter of assignment or statements to show I actually owe the amount. Shall I go back and say they have complied with the CCA request?

Don't send anything yet.

Deal with the CCA first. They've sent a CCA and Terms and Condition are they compliant? Is it a True Copy or is it 'Reconstructed'?

Does it contain all the Prescribed Terms? Has the agreement been 'varied'? i.e. has the APR increased, so they need to provide Terms and Conditions of the increase.

Does the CCA have a reference number for the year / month that those Terms and Conditions refer to? either on the side or bottom of the CCA.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

[Worrywort22]

There is the credit card application which is one page. One-page credit card agreement that I signed. Then there are 2 printed credit card agreements one with the original interest rate and the other with another interest rate. There looks like there is a date on the one with the updated interest rate it looks like it is in between some reference numbers. If that is the date it is Dec 2012. This is all i received

[echat11]

There is the credit card application which is one page. One-page credit card agreement that I signed. Then there are 2 printed credit card agreements one with the original interest rate and the other with another interest rate. There looks like there is a date on the one with the updated interest rate it looks like it is in between some reference numbers. If that is the date it is Dec 2012. This is all i received

Can you upload the documents without personal details?

[Worrywort22]

Please see attached