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Advice regarding Link and Kearns solicitors

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  • Advice regarding Link and Kearns solicitors

    Hello,
    I have five outstanding debts which have all been running for many years but I stopped paying £1 a month to each of them two years ago. Two are unenforceable and this has been confirmed in letters from the relevant creditor/debt collection agency after I sent CCA letters to both. Three weeks ago I received a letter from Link Financial concerning one of these two debts and I wondered if someone could please help me and advise what I should do now.
    The debt comes from a loan I started in 2005 and because I could not pay the monthly payments the creditor issued a rescheduled loan in 2010 (although they knew I could not pay the original loan!). In Jan 2011 I received a Default Notice and in December 2011 I received another Default Notice with a different outstanding balance showing.
    In 2021 Wescot started contacting me for payment, early 2022 I sent CCA letter to them, a week later they returned CCA request saying they are not creditor it is Intrum and postal order needs to be made out to Intrum. In February 2022 I sent same CCA request to Intrum and same postal order including copy of Wescot letter to me. In July 2022 I received a letter from Wescot saying sorry for delay but having contacted Intrum they have advised they are unable to obtain statements or copy of agreement which may be due to age of account. Intrum have withdrawn account from us and you will receive no more contact from Wescot on this matter. Then Intrum kept sending letters for payment but never once mentioned lack of agreement.
    Early 2023 I started receiving texts etc from Link Financial Outsourcing for payment but not until September 2024 did they tell me in a letter that they are working for LC Asset 2 S.a.r.l. who purchased this account in early 2023 from Intrum. They also added that if I do not contact them in 14 days they will pass account to Kearns Solicitors without further reference to me and the legal process will begin.
    FYI my last payment made on this account was £1 (paying monthly) and to Wescot in February 2022.
    Please advise if I should sit tight and await Kearns letter or if I should send a CCA request to Kearns or is there another course of action I should take remembering I hold a letter from Wescot saying Intrum could not obtain any paperwork for this account.
    Thank you.

    Tags: None

  • #2
    Hi Gameplan

    Welcome to LB

    You could do either of those things, i.e. request a copy of the CCA from Link or send a copy of your Wescot letter.

    I favour the third option, write to Link, inform them you've been informed by Wescot that the debt is 'unenforceable' and they shouldn't mislead you into believing that it is. State that is is stated in the FCA's Handbook - Section CONC 13.1.6.

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

    Update the thread.

    Comment


    • #3
      Hello ECHAT11,
      Thank you for your reply.
      Link tried to make contact with me again last week by phone and text but nothing from Kearns Solicitors yet.
      The letter I received from Wescot in 2022 does not state "Unenforceable" but says "having contacted Intrum they have advised they are unable to obtain statements or copy of agreement which may be due to age of account" so I presume that means account unenforceable until they do get documents.
      As it does not state Unenforceable I think I prefer the CCA to Link option.

      Comment


      • #4
        Originally posted by gameplan View Post
        Hello ECHAT11,
        Thank you for your reply.
        Link tried to make contact with me again last week by phone and text but nothing from Kearns Solicitors yet.
        The letter I received from Wescot in 2022 does not state "Unenforceable" but says "having contacted Intrum they have advised they are unable to obtain statements or copy of agreement which may be due to age of account" so I presume that means account unenforceable until they do get documents.
        As it does not state Unenforceable I think I prefer the CCA to Link option.
        'so I presume that means account unenforceable until they do get documents.'

        That's correct.

        Comment

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