Fake CAA received from Debt Collection Agency

[CVC]

Hi
Back in October 2020 I received notification from Link Financial for a defaulted Barclaycard (Taken out in August 1991, Defaulted August 2016,) and requested a CCA. Early December 2020 I received a letter saying that they did not have/could not get a CCA and the debt was unenforceable. Now I have received a reconstituted CCA and the debt has now become enforceable. I have had no contact with Link besides send the CCA request and £1 postal order. They have tried calling me several times and have left a couple of messages to contact them.
There are several issues I have with the reconstituted CCA.

• Uses my current address - not my 1991 address
• Uses Barclaycard Headquarters address of Pavilion Drive Northampton NN4 7SG – I found an article on the internet (East Midlands Business Link (Barclays purchases Northampton Pavilion Drive headquarters - East Midlands Business Link) which quotes ”Pavilion Drive, which currently houses 3,250 employees, has remained the UK headquarters for Barclaycard for more than 20 years since the building was opened in 1997.”, so not their address in 1991.
• It states “If your card is Contactless” – Barclaycard issued first Contactless cards in 2007.
• The Barclaycard contact phone number of 0333 200 9090 - Ofcom introduced 0333 numbers in 2007

These are just the obvious anomalies that I have noticed. Does this still constitute a “true copy” of the original? It looks like they have just used a recent version and inserted my current details.
How or should I respond to this? Any advice will be much appreciated.
Thanks

[GoodOldBoy]

That looks like a standard 'catch-all' letter to me, rather than specific to your account. They can reconstitute a CCA but only to give you information about the debt.

Why do you now think it is enforceable?

From memory, for debts pre 2007 a signed agreement is necessary to win at court (providing such action is defended). Over the years I have received 3 reconstructed agreements, none of which went anywhere except statute barred.

Many old agreements have been destroyed over the years (Google: Iron Mountain Fire 2006 for an example). Lenders prefer the term 'misfiled'. You are only 19 months away from the debt being statute barred so sit tight and string them along. Make sure the always have you current address to ensure you get any (unlikely) Court paperwork.

Good luck.

[MIKE770]

a reconstituted copy has to be correct in all ways, many try to fob you off in the hope you do not know! -re 2007 is a very difficult area for some banks etc due to silly warehousing ( Never mind Ah! lag it out as link have problems more than that.


other than that how about telling us all about it as no answer fits all situations, who originally owned it as link has many legal issues !

[des8]

According to Debt Camel (Debts - why, how & when to ask for the CCA agreement · Debt Camel ) a true copy needs:

• your name and address when the account was opened;
• the creditor’s name and address when the account was opened;
• the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
• any other other documents that were mentioned in the Terms and Conditions.

[CVC]

Hi Guys
Thank you for your responses. The debt was originally with Barclaycard who made little or no effort to recoup. They ‘transferred’ it to LC Asset 2 s.a.r.l. who have appointed Link Financial Outsourcing to manage my account. This recent letter states that the reconstituted copy of the agreement has been provided by the original vendor and that the account is now enforceable. It also states that I should contact them to agree a “fair and affordable monthly repayment plan”.
It is only Link’s word that the debt is ‘enforceable’. I just was not sure if I was obliged to respond or to just sit back and not engage with them at all. I just want to do what ever is in my favour and it sounds like doing nothing until or if I ever receive any court documents. I was just surprised that they could draft up an inaccurate reconstituted CAA, isn’t that illegal?
Thanks

[MIKE770]

THEY would say will THEY not. They try I would see what happens next no admittance for thid

[GoodOldBoy]

The only person who can categorically say if an agreement is enforceable is a Judge. Other people can just give an opinion. My opinion is that they probably do not have your original agreement and, due to the age of the debt, they need to produce the SIGNED ORIGINAL AGREEMENT if they went to to court.

[CVC]

Thanks GOODOLDBOY, the copy they have sent me does not have any signature...

[CVC]

In hind sight I do recall an upgrade from Barclaycard Gold to Platinum at some point. Does this count as a "new agreement"? I mean a "new" original or contract?

[CVC]

If they ever do send a court order. How do I initially respond?

[des8]

Worry about responding when and if anything arrives!
No point worrying about something that may hot happen

[GoodOldBoy]

If they ever do send a court order. How do I initially respond?

I know exactly how you feel - I have been there; but let's take a step back here and try to get things into perspective'
Link are debt collectors and, typically, bottom feeders. They take on difficult (often impossible) to collect debts, often as they are approaching the Statute Barred date.

They use heavy-handed tactics tactics to panic the debtor into making a payment, or failing that, to admit the debt to restart the SB clock.

In your case it would seem most unlikely that they would be able to furnish a signed CCA from 1991 but what they can do is conjour-up a 'reconstructed' CCA (with the original lenders help) - and you have already seen what a botch-up they make of them. Doing this is not illegal as the purpose of a reconstructed CCA is to provide you with details of the original debt.
It's purpose is very, very rarely to go to court but to frighten you into thinking they will.

Their earlier statement that the debt was unenforceable was based on the fact that it was unenforceable because they had not (at that point) fulfilled your CCA request. The later one just 'corrects' this when they did send you an (albeit botched-up) agreement

They are trying to un-nerve you (and perhaps they are succeeding) but that doesn't change your situation or the law.

Your job now is twofold:
1. Not to fall into their trap - no jumping the gun, no believing their crap, no knee-jerk reactions.
2. To drag the whole thing out until they give-up or the debt becomes statute barred.

My advice is (but you must make up your own mind):
I. Only correcpond in writing, heading my letters "Nothing in this letter cosntitutes an admission of any debt".
2. Before writing to them about anything, ask for advice on here. Take your time - the clock is on your side.
3. Always remember: the (claimed) debt is what it is: If there is no original agreement it is unenforceable regardless of what they tell you.
4. They are trying to call your bluff so be aware of that. If there was a genuine agreement Barclaycard could have taken you to court years ago.
In the (unlikely) event that they issue court proceedings come back here immediately. There is a wealth of knowledge on dealing with this on this forum

I have been exactle where you are now and I know that the hardest part of your job is; do not let them rattle you.

[CVC]

Thank you GOODOLDBOY and everyone else who have 'advised' me. I will keep calm and resist their tactics. I have read some "horror" stories and seen clips on YouTube of how ruthless and downright 'evil' the DCA's are. Even now in Covid times they are vultures picking on vulnerable people who even if they wanted to just cant repay. I will definitely come back as soon as I get any communication from them.