LINK intends to take legal action to recover outstanding balance

[echat11]

Hello,
I will remove the £7k over 12 months option as it may cause concerns (it is a very difficult option for me).

Regarding:
You can raise £5k from your mother, but it might be an idea to account for the rest?
I can inform them this is a tax refund sum I didn't claim for years. Just kept it on my self-assessment account for tax emergencies.

Will that be okay?
It'll be 4 letters: 2nd Final Full Settlement, cover letter, CCA and SAR requests.

Looking forward to hear from you

'I can inform them this is a tax refund sum I didn't claim for years. Just kept it on my self-assessment account for tax emergencies. Will that be okay?'

For them, that reason may be complicated, can't you just borrow another £500 from your mother or relatives?

That would seem the best option, then you can simply write 'from relatives'.

[Giulia]

Ok, will do that instead.
So grateful for your assistance, without it, I would be at a complete loss.
I hope you have an amazing day.

[Giulia]

Hello,
After sending the 2nd Final Full Settlement, cover letter, CCA, and SAR requests, they replied the following:

""We write further to your request for account documentation under section 77/78 of the consumer credit act 1974. Unfortunetaly the original creditor has confirmed that they are currently unable to comply with your request within the 12 day initial timeframe.
Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.
We will contact you further upon receipt of an update from the original creditor.""

Does this mean they restarted the default starting date?

Thank you

[echat11]

Hello,
After sending the 2nd Final Full Settlement, cover letter, CCA, and SAR requests, they replied the following:

""We write further to your request for account documentation under section 77/78 of the consumer credit act 1974. Unfortunetaly the original creditor has confirmed that they are currently unable to comply with your request within the 12 day initial timeframe.
Although the account is currently unenforceable the outstanding balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.
We will contact you further upon receipt of an update from the original creditor.""

Does this mean they restarted the default starting date?

Thank you

No, it hasn't been restarted (Default). The account is 'unenforceable' until they can provide 'compliant' documentation.
So they can chase the debt, it will be a waste of their time and resources as they can't take the matter to Court.

They may send discounted offer letters for the debt.

Update when they send further information.

[Giulia]

Thanks very much indeed. I will update you for sure.

[Giulia]

"Update when they send further information."

Hello,
Thank you very much for reading this, I hope you could kindly advice again.
On March 2025 I received a letter stating:
"...I am pleased to be able to enclose the requested documents with regards to the section 77/78 request under the Consumer Credit Act 1974. The document have been provided to us by the original vendor in question.

The account is now enforceable, and we kindly request contact in order to agree a fair and affordable monthly repayment plan, if there is not one already in place.

Please also find enclosed an Account Summary.

This completes our obligations under Section 77/78 of the Act..."

So they provided the copy of the original loan contract, but no mention of the 2nd Final Full Settlement, cover letter, and SAR requests.
On July 2025 I received a letter with Statement of Account.
On August 2025 another letter "Let us help you get back on track" suggesting to get in touch.
Didn't hear until now.

On March 2025 received a letter from Resolvecall, about Home Visit on behalf of Link Financial Outsourcing Ltd suggesting to get in touch with Link Financial within 7 days:
"...If they don't hear from you, we will arrange for one of our representatives to make a personal visit to your home to assist you with getting back in touch with Link Financial who wants to work with you to provide support tailored to your individual circumstances. If you do not wish us to visit please call Link FInancial on 02920.."

At the time I received the above letter 7 days has already passed.

Not too sure about the course of action at this time, considered as I mentioned above, they seem to have disregarded the 2nd Final Full Settlement, cover letter, and SAR requests from last year.

My financial situation is worse than last year. I’ve lost my job and struggle to pay rent and bills, sometimes missing payments. My six-month Discretionary Housing Payments award has ended, leaving me scraping even to buy groceries.

I’m on Universal Credit with Limited Capability for Work (LCW) due to a long history of mental health.

Any advice would be greatly appreciated.

[echat11]

a) They've provided an agreement and statement of account. You need to check if the agreement is compliant.
Have they provided a compliant Default Notice and Letter of Assignment?

b) You need to chase these up, 2nd Final Full Settlement, cover letter, and SAR requests from last year. When you sent them did you get Proof of Postage?
The SAR is well overdue. Send the following:-

https://ico.org.uk/for-the-public/ge...happy-with-it/

c) My financial situation is worse than last year. I've lost my job and struggle to pay rent and bills, sometimes missing payments. My six-month Discretionary Housing Payments award has ended, leaving me scraping even to buy groceries.

As stated previously if the matter goes to Court, a Court would ask you to fill in an I & E form, if after filling it in you are left with £1, then that what the Court would order you to pay each month. There is a Cost of Living crisis, they are aware of this.

Decide whether you are going to chase up the 2nd Final Full Settlement or send an I & E form, but don't do both at once.

[Giulia]

It was an initial loan from 2018 with 17% interest paid in full by early 2020. Then topped up with a bigger second loan with 27% interest in 2020.
They have 2 separate account reference numbers.

Have they provided a compliant Default Notice and Letter of Assignment?
In 2021 the second account has defaulted, interest frozen. I've been sent a Notice of default letter for this account.
I've been sent arrear notices.
In late 2021, the account passed to Wescot to manage on behalf of Barclays. A lot of letters from them, including a reduced settlement offer of 50%.
Barclays kept sending me arrear notices.
In 2023 I received a letter informing me of the transfer of my account to LC Asset, who chose Link Financial to manage the account on LC's behalf.
Link kept sending statements and reminders regularly.
In early 2025, Link sent a letter before legal procedures. I then sent my settlement request, which wasn't accepted; Link offered a higher sum in settlement (slightly higher than the one Wescot offered).
My 2nd Full and Final Settlement Offer Letter, including SAR request + cover letter suggested by you, was ignored.

They've provided an agreement and statement of account. You need to check if the agreement is compliant.
How do I check if the agreement is compliant?
The requested copy of the agreement they've sent me seems to match my original copy, although with no signatures.

When you sent them did you get Proof of Postage?
Yes, I did.

Decide whether you are going to chase up the 2nd Final Full Settlement or send an I & E form, but don't do both at once.
I don't really know what to do now, because the lump sum I was able to offer as my 2nd final settlement offer is not available anymore; it's much lower. I'm so stressed again.

The SAR is well overdue. Send the following:- https://ico.org.uk/for-the-public/ge...happy-with-it/
Shall I just send this, or is there anything else I should do?

Sorry for the long message; I'm just trying to be precise. I hope that helps.

Thank you for your invaluable help

[Giulia]

It was an initial loan from 2018 with 17% interest, paid in full by early 2020. Then it was topped up with a bigger second loan at 27% interest in 2020. They have 2 separate account reference numbers.

Have they provided a compliant Default Notice and Letter of Assignment?
In 2021, the second account defaulted and interest was frozen. I've been sent a Notice of Default letter for this account. I've also received arrear notices.

In late 2021, the account passed to Wescot to manage on behalf of Barclays. I received a lot of letters from them, including a reduced settlement offer of 50%. Barclays continued sending arrear notices.

In 2023, I received a letter informing me of the transfer of my account to LC Asset, who appointed Link Financial to manage it on LC's behalf. Link kept sending statements and reminders regularly.

In early 2025, Link sent a letter before legal procedures. I then submitted my settlement request, which was not accepted; Link offered a slightly higher sum in settlement than Wescot had previously offered.

They've provided an agreement and statement of account. You need to check if the agreement is compliant.
The copy of the agreement they sent me seems to match my original copy, although it has no signatures.

When you sent them did you get Proof of Postage?
Yes, I did.

Decide whether you are going to chase up the 2nd Final Full Settlement or send an I & E form, but don't do both at once.
I'm unsure what to do now, because the lump sum I was able to offer as my 2nd final settlement is no longer available, it's much lower. This is causing me significant stress.

The SAR is well overdue. Send the following:- https://ico.org.uk/for-the-public/ge...happy-with-it/
Shall I just send this, or is there anything else I should do?

Sorry for the long message; I just wanted to be precise. I hope this helps.

Thank you for your invaluable help.

[echat11]

It was an initial loan from 2018 with 17% interest, paid in full by early 2020. Then it was topped up with a bigger second loan at 27% interest in 2020. They have 2 separate account reference numbers.

Have they provided a compliant Default Notice and Letter of Assignment?
In 2021, the second account defaulted and interest was frozen. I've been sent a Notice of Default letter for this account. I've also received arrear notices.

In late 2021, the account passed to Wescot to manage on behalf of Barclays. I received a lot of letters from them, including a reduced settlement offer of 50%. Barclays continued sending arrear notices.

In 2023, I received a letter informing me of the transfer of my account to LC Asset, who appointed Link Financial to manage it on LC's behalf. Link kept sending statements and reminders regularly.

In early 2025, Link sent a letter before legal procedures. I then submitted my settlement request, which was not accepted; Link offered a slightly higher sum in settlement than Wescot had previously offered.

They've provided an agreement and statement of account. You need to check if the agreement is compliant.
The copy of the agreement they sent me seems to match my original copy, although it has no signatures.

When you sent them did you get Proof of Postage?
Yes, I did.

Decide whether you are going to chase up the 2nd Final Full Settlement or send an I & E form, but don't do both at once.
I'm unsure what to do now, because the lump sum I was able to offer as my 2nd final settlement is no longer available, it's much lower. This is causing me significant stress.

The SAR is well overdue. Send the following:- https://ico.org.uk/for-the-public/ge...happy-with-it/
Shall I just send this, or is there anything else I should do?

Sorry for the long message; I just wanted to be precise. I hope this helps.

Thank you for your invaluable help.

Decide whether you are going to chase up the 2nd Final Full Settlement or send an I & E form, but don't do both at once.
I'm unsure what to do now, because the lump sum I was able to offer as my 2nd final settlement is no longer available, it's much lower. This is causing me significant stress.

You are no longer in a position to offer a Full and Final Settlement. So send a completed I & E form, explain that you are no longer in a position to offer a Full and Final
Settlement. But you can offer a monthly payment, even if after you fill in the I & E form and are left with £1 a month. Make sure you get Proof of Postage.

The SAR is well overdue. Send the following:- https://ico.org.uk/for-the-public/ge...happy-with-it/
Shall I just send this, or is there anything else I should do?

Send the letter get Proof of Postage.

[Giulia]

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