LINK financial sent me a reconstituted CCA from Barclaycard

[Marty2.8]

Even if the debt is 'unenforceable' through the courts, Santander and their collections agents can still continue to try to collect the monies they state you owe. Santander has stated exactly that in their letter.

Your position is that they need to provide a legible copy. Until they do you aren't required to 'play ball', make payments, arrange a plan etc.

What you've asked from them is a 'legible' copy, fairly straight forward request.

Celestine

So are they just flanneling? They must not have a legible copy then.
Im not sure what to write back? Surely it IS a "mistake on their part" if they cannot produce relevant documents when asked to

[echat11]

So are they just flanneling? They must not have a legible copy then.
Im not sure what to write back? Surely it IS a "mistake on their part" if they cannot produce relevant documents when asked to

You've written to them, regards the 'illegible' copy, I'm not sure further correspondence is needed. I think you are looking for 'finality' on the matter, but this is a bit of a 'curate's egg', the good bit is that they don't seem to have a legible copy, the bad bit is there is no 'finality', it's something that just needs 'watching'.

[Marty2.8]

Okay, I will see what happens next, There is a date of the emd of this month, so Im guessing they will try to resume collections. I am tempted to resend the letter about the legible copy, and say this hasnt been answered?
Thanks
Matt

[echat11]

Okay, I will see what happens next, There is a date of the emd of this month, so Im guessing they will try to resume collections. I am tempted to resend the letter about the legible copy, and say this hasnt been answered?
Thanks
Matt

If your minded to do that, do so. You don't want to keep thinking about doing it.

[MIKE770]

me personally and many thousands more at this stage would not tell them, they know the rules, they hope you do not

[Marty2.8]

Thanks again for everyone's help

so given that Celestine said this , would you now perhaps reply saying something like given that they cannot produce a legible copy, I will offer say 15%
What do you think about that approach?
i still find it odd that neither Wescot or Santander are now saying that yes its unenforceable, I thought they they HAD to acknowledge that it was UE but then could still ask for the money.
I dont really want to just leave it, they have already said they will recommence collection activity.

[MIKE770]

collection activity for a while begging letters then they go away for 5 years then hope you panic just before statute barred, look around site, no matter what you do the record on credit agencies stay on there for 5/6 years and will not go away! if you want to give some money give it to charity not a company who buy for pennies and sit in bahamas laughing at you??

seriously think straight but at the end of the day it is up to you, many of Us miss the weekly monthly hello how are you? pay us now. (cost them monies hence they stop)

[Marty2.8]

collection activity for a while begging letters then they go away for 5 years then hope you panic just before statute barred, look around site, no matter what you do the record on credit agencies stay on there for 5/6 years and will not go away! if you want to give some money give it to charity not a company who buy for pennies and sit in bahamas laughing at you??

seriously think straight but at the end of the day it is up to you, many of Us miss the weekly monthly hello how are you? pay us now. (cost them monies hence they stop)

this one is actually off my credit file as well...

[Marty2.8]

I would write back thanking them for confirming that the 'document supplied on xx/xx/xx is the only document Santander is able to supply under your CCA request. Given that this document is illegible, this document does not comply with s.77-79 CCA and renders the account unenforceable until a legible agreement can be located and supplied. Is this the account with 3k outstanding? How much have you paid of the debt? Bearing in mind they would only get about 10% if they sold the account to a debt purchase company, it may be an opportunity to settle this account or cease payments if they continue to be unable to provide the agreement. It's a slightly unusual situation because most defaulted accounts get sold on by now.

Sorry Celestine said this

[Marty2.8]

• Barclaycard credit card
• 10/1999
• Balance is £11000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 12/2015
• Link own this.

• Coop bank credit card
• 1/2003
• Balance is £2800
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 10/2016
• Link own this.

• MBNA bank credit card
• 6/2007
• Balance is £9000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 1/2016
• PRA own this.

• Santendar credit card
• 4/2011
• Balance is £3000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 12/2015
• Wescot collect for Santendar

• Tesco credit card
• 8/2012
• Balance is £3000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 9/2015

• Barclays Overdraft
• 1/1995
• Balance is £3000
• Last full payment years ago
• Paying a nominal amount amount after doing financial summary
• Default date 10/2015

None are statute barred as I have been making nominal payments to each for years using a Financial Summary.

so also a quick update on other debts, The Intrum debt for Tesco I settled at 20% full and final, The Barclays overdraft collected by Arvato I have agreed a just below 40% settlement. This money is coming from a family member who wishes to help me.
I will post the email from Arvato just to make sure you all agree the wording

[Marty2.8]

From Arvarto:

We advise our clients will accept £1300 in settlement of this account. Please contact us by return if acceptable. We also advise that any settlements paid will mark your credit file as partially satisfied, however we do not anticipate this causing any detrimental effect as this will still show to future creditors that further payments are not expected. We will also close the account and not pursue any further payment

Is this enough do you think?
PS its off my credit file now

[Marty2.8]

Morning,
i could do with a little more advice. Both PRA and Wescot cannot produce a CCA , PRA have not produced anything, and Wescot only the illegible copy. Are they actually obliged to confirm to me in writing that the accounts are unenforcable? Neither have done this, just scooting round the edges asking me to contact them. I would like, as I have had from others, a letter confirming the UE status.
Thanks

Matt

[echat11]

Morning,
i could do with a little more advice. Both PRA and Wescot cannot produce a CCA , PRA have not produced anything, and Wescot only the illegible copy. Are they actually obliged to confirm to me in writing that the accounts are unenforcable? Neither have done this, just scooting round the edges asking me to contact them. I would like, as I have had from others, a letter confirming the UE status.
Thanks

Matt

Heading - Failure to Comply

Point 8

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

[Marty2.8]

Heading - Failure to Comply

Point 8

https://www.handbook.fca.org.uk/handbook/CONC/13.pdf

Thats great, I have written to them and sent a copy of that with point 8 highlighted.

[Marty2.8]

Hi Celestine and echat11
I have now had another letter from Santander saying that they have investigated my complaint and they say they are not in the the wrong and I can if I wish go to the Ombudsman. They are not referring at all to the fact that the agreement they sent me is illegible and that it makes the amount unenforceable. Do I use the Ombudsman, or just let them try and pursue me? I could do without the stress of them trying that, we have a new baby and its a stress I could do without. Let me know if you want to see the letter they sent. Thanks