LINK financial sent me a reconstituted CCA from Barclaycard

[Marty2.8]

Okay here goes:

Dear Sirs
Account no:
Thank you for your letter dated:
The documents you sent me do not fulfil my original s78 CCA request. As this account is dated 1999 I require you to provide an original signed Consumer Credit Agreement NOT a reconstituted version.
This must be the original signed document purporting to have been signed by myself. Please note until a legally enforceable, original signed copy can be produced and sent to me then this account will remain in an unenforceable state.
To comply with my request, all pre 2007 accounts must supply the original signed Agreement as per Carey VS HSBC.
Yours etc

[Celestine]

Why don't you draft something and pop it on here for us to take a look at and maybe tweak?

I linked you to the article on Carey earlier in the thread, so familiarise yourself with that as well as having a read up on s.78 reconstituted agreements.

[Marty2.8]

Hi Celestine, I will write that letter quoting that, there is somewhere on here that had a sample letter I think, or would you just make a basic one saying just what you have said?

[Celestine]

I hope so.
This account is at pre-action stage so you need to write back to Link Financial disputing that this is true compliance with S.78CCA.
The fact that Barclaycard have written confirming it is a reconstituted agreement for a 1999 account suggests they think this is acceptable; when it is not. Carey v HSBC went to the High Court and is binding on all credit agreements.

[Marty2.8]

Thank you so much for looking, do you think pt2537 will also have time to look?

[Celestine]

Hi Marty

Firstly, they have stated in writing that they have supplied you with a reconstituted agreement for a 1999 opened credit card: This alone is unacceptable because accounts opened before April 2007 must me a true copy of the original executed agreement (if one existed) because of Carey v HSBC

https://legalbeagles.info/carey-v-hs...december-2009/

The reconstituted part of the agreement they have sent is also barely legible.

pt2537 would be best to offer his opinion on enforceability of this account and what to do if they try to get legal with you on this.

[Marty2.8]

Hi here it is many thanks Echatt11 and Celestine

[echat11]

Hi, I have read those guidelines, and I am not sure if they all are covered on what they have sent me, would you give me an opinion, if I uploaded it, minus any personal detail?

Celestine EXC Can you take a look and advise, many thanks.

[Marty2.8]

Hi, I have read those guidelines, and I am not sure if they all are covered on what they have sent me, would you give me an opinion, if I uploaded it, minus any personal detail?

[echat11]

Hi MARTY2.8

There is other information they need to provide, go through CONC 13.1.4 to the very bottom of the page.

https://www.handbook.fca.org.uk/hand...ate=2016-03-21

Then you can send them a follow up letter detailing what they are also required to provide.