Reconstitued Agreement for pre 2007 credit card debt

[BillyBoy1]

Hi. I have obtained a reconstituted agreement and a copy of a signed application form for a credit card taken out in 2007. I have argued that this does not meet the requirements under the CCA but 12 months ago they wrote back and said they considered they had met all the requirements and the debt is enforceable, I have heard nothing since then, but have now received a letter from solicitors asking for payment using the wording "We are instructed to arrange for a summons to be served upon you and if necessary the matter may then be determined by a District Judge at a court hearing".
Can this agreement be enforced as I have received a recon and copy of the application from 2000.

[jaguarsuk]

Possibly, but there are a whole host of other things that might make it unenforceable.

Does the terms refer to other terms, such as PPI that a copy hasn't be provided?
When did you default?
When was the last payment?
Did you receive a default notice from the original creditor?
Did you receive a notice of assignment to the current creditor if they are not the original?

[BillyBoy1]

Thank you for getting back. I just dont know what to do! I've answered your questions below.

Does the terms refer to other terms, such as PPI that a copy hasn't be provided?
No they dont. The card was originally provided by Monument, passed to Providan then to Barclaycard. The recon is noted as 'classic T&C core'.

When did you default?
The default was issued on 8th August 2011

When was the last payment?
The last payment was through PayPlan in January 2017

Did you receive a default notice from the original creditor?
Yes

Did you receive a notice of assignment to the current creditor if they are not the original?

I can find one but I possibly did.

[BillyBoy1]

Sorry forget to say it was originally taken out in 2000 not 2007

[jaguarsuk]

The agreement would likely satisfy that debt being enforceable although that would remain to be seen as only seeing the document can 100% clarify that, whether they would win a claim against you would depend on what they can evidence regards the default notice and notices of assignment as each owner of the debt has to send you one each time they sell it to a new owner.

The last payment means it is not statute barred.

[BillyBoy1]

I rang the solicitors today and they told me it had been refered back to Link. Does this mean the solicitors have determined it is unenforceable????

[jaguarsuk]

No, it means they’re going to take instruction from their client whether they would like to proceed.