Illegible Credit Agreement help!

[Billy35]

Hi first post!
Old alleged Debenhams card. Default now off credit file. Link couldn’t supply the credit agreement so haven’t chased in the last 5.5 years. I had an illegible credit agreement from the original creditor previously. Link then randomly sent me a copy of that illegible agreement 2 years ago but still didn’t chase. As it’s coming up to statute bar they have clearly decided to hassle me.
Letter received in Jan asking me to pay or be referred for court action. I wrote back saying they were in default of CCA request.
I have now received a letter of claim from their solicitors to which I have replied saying I haven’t received the credit agreement so I asked for that along with default notice/ assignment etc.
Link have now sent me the illegible agreement again (can’t be read but can see my signature) along with an application form which is also highly illegible and blank ( no customer details whatsoever).
What action can you recommend? Should I reply back to Link or direct with solicitors? Any wording to suggest please?
Many thanks

[echat11]

Hi Billy35

Welcome to LB

I would write to stating that they are trying to 'mislead' you, the documentation that they have sent you is non compliant under the CCA 1974, this means that the debt is 'unenforceable' through the Courts. If they persist in continuing to 'mislead' you. You will lodge complaints with the Financial Conduct Authority and Trading Standards. Make sure you get Proof of Postage.

At the same time lodge a formal complaint via Links website, follow their complaints procedure, the complaint is simple 'misleading' you that they has supplied the requested documentation under the CCA 1974.

Refer them to the last paragraph, point 8 in the link below -
https://www.handbook.fca.org.uk/hand...ate=2017-03-07

[Billy35]

Thank you that’s great.

Should I await the reply direct from the solicitors following my request for documentation (on the letter of claim reply form)? Or reply to Link regarding the illegible agreement sent and send a copy of that letter to the solicitors? Or maybe do both? Surely the solicitors are not going to send me the same agreement (you literally cannot read a word of it!)

[echat11]

Thank you that’s great.

Should I await the reply direct from the solicitors following my request for documentation (on the letter of claim reply form)? Or reply to Link regarding the illegible agreement sent and send a copy of that letter to the solicitors? Or maybe do both? Surely the solicitors are not going to send me the same agreement (you literally cannot read a word of it!)

I'd be pro-active and head off their 'nonsense', do as advised in post 2. Then Link can copy whoever they like, you've made your position clear. I'd also lodge a complaint, that should 'discourage' them from trying to 'mislead' you again. You maybe due some compensation. They've tried to 'mislead' you on several occasions.

[Billy35]

Hi to update I followed the Link dispute / complaint procedure. After a month they wrote for more time (assume they were trying to get proper docs) and I have now after 7 weeks received a letter saying they don’t uphold the complaint and deem the account enforceable. They say if I am not happy with the illegible doc to contact the original creditor. They say to contact financial ombudsmen if I’m not satisfied.

I will do that but am concerned that in the meantime they will just issue a claim. I have had no other docs provided that I requested in the letter of claim from feb.

Any advice on what I should do next?
Thank you

[echat11]

Hi to update I followed the Link dispute / complaint procedure. After a month they wrote for more time (assume they were trying to get proper docs) and I have now after 7 weeks received a letter saying they don’t uphold the complaint and deem the account enforceable. They say if I am not happy with the illegible doc to contact the original creditor. They say to contact financial ombudsmen if I’m not satisfied.

I will do that but am concerned that in the meantime they will just issue a claim. I have had no other docs provided that I requested in the letter of claim from feb.

Any advice on what I should do next?
Thank you

It's up to you if you contact / complain to the FOS. Just remember the FOS is 'flakey'.

If they issue a claim, then you Defend the claim, what they keep sending you is non compliant under the CCA 1974, the whole purpose of sending a copy is so that you can read it.

[Billy35]

Should I reply to Link to say anything or just sit tight and see if they follow it up with a claim? Might they chance their arm if they think they have talked me into it being enforceable?

On the letter before claim I requested a list of documents and have heard nothing back at all on those. Are the solicitors under an obligation to send them or at least reply or can they just ignore me and issue a claim?

[echat11]

Should I reply to Link to say anything or just sit tight and see if they follow it up with a claim? Might they chance their arm if they think they have talked me into it being enforceable?

On the letter before claim I requested a list of documents and have heard nothing back at all on those. Are the solicitors under an obligation to send them or at least reply or can they just ignore me and issue a claim?

a) Should I reply to Link to say anything or just sit tight and see if they follow it up with a claim?

I would sit tight, just because they say it's 'enforceable' it doesn't mean they believe it is. The fact they haven't sent the requested documentation might be 'telling'.

b) Might they chance their arm if they think they have talked me into it being enforceable?

The try all sorts of 'nonsense'.

c) On the letter before claim I requested a list of documents and have heard nothing back at all on those. Are the solicitors under an obligation to send them or at least reply or can they just ignore me and issue a claim?

They should response, but the fact they haven't responded maybe positive. If you have to Defend a claim, you can put that in your Defence.

[Billy35]

Thank you! I will start an ombudsmen complaint but otherwise just ignore them for now and see how it pans out.