Link Financial Issue

[echat11]

Please see attached

What date was the credit card agreement taken out on (will be the bit that's been blacked out)?

The Terms and Conditions for the original agreement is dated 28/11/12.

For the 'varied' Terms and Conditions which follow in legal 2, there is no date reference.
Could be Terms and Conditions for any year.

[Worrywort22]

It was taken out oct 2006. Isn’t the terms and conditions in legal 2 for the original agreement as date is 06-07 and the interest rates look the same

[echat11]

It was taken out oct 2006. Isn’t the terms and conditions in legal 2 for the original agreement as date is 06-07 and the interest rates look the same

The CCA on Page 2 in 'Legal 1' is 'illegible', so if they are 'relying' on that, it's still 'unenforceable'.

Can you put the pages in order (how you believe they should belong), then upload again.

[Worrywort22]

This I believe are the terms and conditions for when I took out the credit card

[Worrywort22]

This one is the second one they have added

[echat11]

The CCA itself is illegible, page 2.

So they've provided Terms and Conditions for 2006 (2006 and 2007) - legal 1. Then they've provided Terms and Conditions when the agreement
was 'varied' in 2012 - legal 2.

Write back, state that - 'the a copy of the agreement was requested under the Consumer Credit Act 1974 on XX/XX/XX.
The copy provided is 'illegible'. The Creditor has failed to comply with the request so the agreement is 'unenforceable'
and the request is still outstanding.

Further, the Financial Conduct Authority's Handbook, CONC 13.1 Application states that if a Creditor cannot supply a copy of the agreement, then the Creditor must not
mis-lead the customer into believing that they have, when in fact they haven't.'

Update the thread when you get a response.

[Worrywort22]

Thanks. I have a question: since I have already made a complaint and they have responded to it, can I continue the complaint with them? Although this is slightly different to the original complaint

[echat11]

Thanks. I have a question: since I have already made a complaint and they have responded to it, can I continue the complaint with them? Although this is slightly different to the original complaint

I would wait to see what 'nonsense' they come back with, they will come back with 'something', once the 'something' has been 'unravelled', then the possibility of a new complaint can be considered. If your first complaint hasn't been resolved, then yes, you continue with it.

[Worrywort22]

I have received a response - they have stated that they agree the quality of the document is not ideal, due to its age, but disagree that it is illegible. In their view, the document remains sufficiently clear to meet the request. I also included in my communication with them the fact that no statement of account had been provided detailing money borrowed, payments made, interest charges, and the outstanding balance. This part, they never responded to. They finished by telling me that they had fulfilled their obligations by providing the relevant documentation in accordance with Section 77/78 of the Consumer Credit Act 1974 as such the debt was still enforceable .

[echat11]

I have received a response - they have stated that they agree the quality of the document is not ideal, due to its age, but disagree that it is illegible. In their view, the document remains sufficiently clear to meet the request. I also included in my communication with them the fact that no statement of account had been provided detailing money borrowed, payments made, interest charges, and the outstanding balance. This part, they never responded to. They finished by telling me that they had fulfilled their obligations by providing the relevant documentation in accordance with Section 77/78 of the Consumer Credit Act 1974 as such the debt was still enforceable .

The CCA is 'illegible', they've just double down on their accretion that 'it's enforceable'.
I did say they will come back with nonsense, they are willing the document to be 'legible'.
If they say it enough times it might happen.
As stated previously they also need a compliant default notice, letter of assignment etc.

Any thoughts?

[Worrywort22]

I am wondering if I should respond again and state that they still have not provided all that is necessary to fulfil their obligations. I did think of making a very silly offer of 10% but to be honest, I am now beginning to wonder how much I do owe.

[echat11]

I am wondering if I should respond again and state that they still have not provided all that is necessary to fulfil their obligations. I did think of making a very silly offer of 10% but to be honest, I am now beginning to wonder how much I do owe.

Send Halifax a Subject Access Request, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.
See what you get back.

https://legalbeagles.info/library/gu...ccess-request/

[Worrywort22]

Excuse my ignorance but why am I sending a SAR to Halifax. After all this time would they have any records ?

[echat11]

Excuse my ignorance but why am I sending a SAR to Halifax. After all this time would they have any records ?

Find out if they have any of the documents that the current creditor will need to take the matter to Court.
You could email the SAR to Halifax.

[Worrywort22]

ok, thank you. Is it worth asking about both the loan and the credit card at the same time ?