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Checking 'Enforceability' - Link Financial & Others

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  • Checking 'Enforceability' - Link Financial & Others

    Dear All,

    I only found this website and thread over Christmas after paying back debt via the usual suspects Lowell, Hoist, Cabot/Westcott & Link Financial since getting caught in the 'easy' Credit Card trap of the late 90s & early noughties. I have been managing these debts myself completing affordability tables and making monthly payments since the very start - in the case of Lowell.since back in 07.

    However I now find having read many threads that much of this could be UE due to a lack of original CCA paperwork. (Thanks for being here and a font of wisdom!) So I have done the following, with the results listed :- Link I leave until last:

    All defaults have now dropped from my Credit Rating which is thankfully back to being good. I sent the National Debtline template letter and £1 p/o or cheque to all concerned by RecDel in early January.

    Lowell: Replied within 10 days with their standard 12 day/40day letter - accounts on hold/ wont contact you for payment. etc. I have recently realised they hadnt sent me any statements for one of the accounts they 'manage' since 2018. The two accounts they have were started in the late 90s and defaulted in 2007, so I would be surprised if a CCA is forthcoming. I have been paying a small amount monthly which they havent reviewed since at least 2016 so I plan to stop this and await anything further.

    Hoist: - They sent me back my postal order and said would be in contact, after 3 weeks I rang them to be told we haven't got your CCA, and they actually volunteered that I didnt need to pay anything further until they found it. I was expecting this one to be the easiest to find as it was an Aqua card from 07/08 or so. But I will wait until/if they get back to me.

    Cabot: - They responded regarding an Egg account within 5 days to say its UE and they havent got anything - but please keep making payments.... I wont be.

    Cabot/Wescot:- A very old NWB credit card from the early 90s which was assigned to them in 2017. They have recently written to say its UE as theyve written to NWB but cant find it (yet). Since the CCA is almost 30 years old, I suspect it has long since disappeared into landfill. Their template letter is asking me to contact them to set up a payment plan, as obviously they dont have a template for people that are paying thru Westcot. I will give Cabot until Mid March and write to both them and Wescot to say I am suspending payments until such time they can provide a True Copy etc.

    Now. Link Financial.. I never received an acknowledgement letter for my CCA Req although having checked the RecDel records it has been received and signed for. I phoned in late Jan to be told 'oh its probably stuck in the Christmas post bags'..Yeah right... and then the chap said 'We have got your CCA, let me check with my manger if I can send it to you'.. I was put on hold for 20 seconds, then he said yes we will send it to you. This sounded rather fishy so after another week of nothing. I phoned again, to be told by someone a little more honest that, my original letter probably hadnt been put on their systems yet but that they had actually requested my CCA just after my previous call and that I should contact them in 6-8 weeks for an update. They seem to be deliberately backward at providing any written response

    Having read that LF seem to be the most awkward/difficult of the various companies to deal with, I thought I should check what the general consensus is on the forum. This is for a Morgan Stanley Dean Witter (remember their brief UK appearance?!) card Isigned up for in the late 90s, which Morgan Stanley assigned to Goldfish sometime prior to 08, and then Barclaycard took it on from that year on. BCard then transferred it to LF in late 2016 and its been with them since.

    Surely they will have to provide my original MSDW CCA and not some reconstituted BCard version from 08 (which I understand can be their MO, and of course I never signed up to) I was intending to give them until late March and just write in the same vein as my letter to Cabot. - Its UE, Im suspending payments until they can produce etc etc..
    I havent mentioned in my correspndence that its a MSDW account, indeed they only ever refer to Barclaycard. Luckily I still have a hardcopy credit report from 2005 that lists all the Agreement dates etc of the cards that I had at that time, which have long since disappeared from any current Credit Reports, but the account numbers all tie in with the current LF account.

    Id be grateful for the forums views/advice on the above. Many Thanks
    Tags: None

  • #2
    no CCA no pay your choice,

    seems they are hoping to do not stop paying them as they are cash cowing - no CCA no pay up to them supply or deny!

    betting is some CCA they cannot find too early or burnt in the fire @ Iron Mountain storage facility. even if they found one pre 2007 would have to be a True copy of original to proceed. that is why it has been going on o long no case but cash cowing you!
    Last edited by MIKE770; 13th February 2022, 16:59:PM.

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    • #3
      Thanks Mike770, all but the Hoist Aqua one are pre 2007, so I'll see what if anything more I hear. I'm sure they have been happily taking the cash from me without ever bothering to let me know they've got nothing to justify its enforcement.

      Comment


      • #4
        Well I thought I'd give an update on the situation since my last post,. Lowell wrote out of the blue a weekend two ago to say that in light of the situation they have decided to zero the balance and close one of the accounts. I'm still waiting to hear about the other but all collection activity has ceased on it.

        Cabot have now written back to say that the Wescot account is unenforceable. I note within a few days of me reciveing that i have been bonbarded with texts and calls askins me to contact Wescot about an early settlement figure.. yeah right... where they have offered to knock 20% of the o/s balance.... I have written by Eec Del to both Canot and Wescot saying I'm suspending all further payments until they are able to provide the requisite info.. I have reminded them of conc 13.1.6 (4)&(8) regarding unenforceability.

        Link financial out of the blue decided to send me a copy of statements for the 6 months before they took the account over, however these all show that the balance throughout that period was £0.00 so I called then to ask what on earth I had been paying them for when this proves that Bcard had already apparently written it off. The person on the phone understandably hadn't a clue I also asked where my CCA was and they said oh Bcard don't have it, they had written to them a few weeks back.. "But we don't normally tell the customer that" they said... what a lovely company to deal with! so in anycase its UE, I'm not paying anything and have an ongoing dispute logged as I'll be wanting what I paid back with interest.

        Hoist have send an update a month on to say they've not heard back from original creditor. and everything is suspended until they can find anything..
        So I'm basically just waiting for Lowell to confirm the MBNA one thats around 25 years old is UE... it is by default so I'd be surprised if they can find anything now.

        Thanks again for your advice!
        Best to All.

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        • #5
          Very interesting Live and learn as pointed out before, most normal people don't have a clue how they are tricked by XXXXXXX, and just pay up. Thanks for writing this all the best.

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          • #6
            Dear all, time for another update.. Lowell have now written and formally closed and zeroed the two accounts I had with them. The two accounts were both opened in the 90s so the chances of them having any paperwork was always remote.

            Wescot threw in the towel and said they apologise!!!! and couldn't 'help me' anymore (I wasn't aware they had been doing anything except lining their own pockets!) So they passed the account back to Cabot who have now also confirmed.it is UE as can't find any documents... this is my oldest account dating back to the early 90s. Hence I have written to Cabot with my no further payments will be made & CONC 13.1.6 (4/8) letter.
            Link F wrote to confirm that I had been paying the amounts I knew I had, but didn't mention that the account - according to their own/BCard records they sent me in Feb had a zero balance before they took it on!. However they have confirmed it is UE, so I have also sent them the no further payments letter.

            Hoist which is the only remaining one hasnt provided anything further since their pending/temp suspended letter of 2 months ago.. its now almost 4 months since I first requested my CCAs from all the above, hence If they haven't found them by now I guess it is looking increasingly unlikely they will turn up.

            More when I have it. Thanks All.

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            • #7
              once sold on originators accounts show NIL as the account sold.

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              • #8
                Hi Mike
                Aha, that may well explain it, but LF sent me statements from B'Card showing a Nil balance for some 6 months before BCard passed it on to them. Would that be usual? Although as its UE I guess this is rather a moot point anyway.
                Thanks.

                Comment

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