LINK financial sent me a reconstituted CCA from Barclaycard

[Celestine]

Good advice from all here. FOSwill not make decisions on enforceability such as legibility or recon v original copy.
I wouldn’t be too worried about giving them the info they requested because that does not preclude fighting in court. Judges ultimately have the responsibility of deciding if legibility is sufficient to declare the agreement enforceable, helpfully they often have poor eyesight!

[echat11]

Me I read all of this saga, seems that the advice is, to let them go to Court, after all, what have you got to lose ?. If the Judge finds in their favour, so be it, the Judge will make the repayment decision if you lose,

Just to add to that, the Court will only order you to pay what you can afford, if it's £1 a month so be it.

[DE DOGS]

Me I read all of this saga, seems that the advice is, to let them go to Court, after all, what have you got to lose ?. If the Judge finds in their favour, so be it, the Judge will make the repayment decision if you lose,

[echat11]

Hi
I have an update for you on the Wescot front. I sent a complaint to the Financial Ombudsman about the illegible agreement I had been sent for my CCA request to Wescot/Santander.
They have now emailed back basically saying that they do not think the agreement being illegible means that the account is unenforcable.
I had offered them a 20% settlement (monies from my mum) while this was going on and Wescot have asked me for a financial summary and other information such as what I have offered other accounts and if they accepted tham.
What do you think i should do next? I would really do with some advice.
Many thanks

Matt
@Celestine
echat11

The FOS don't make decisions based on whether it's legal or not. They ultimately follow their own Rules on what they think is fair or not. So as far as your agreement goes, if it's illegible, then there is a good chance the Courts would deem it as such. Your position regarding the agreement doesn't change, just make 'Without Prejudice' offers to them, if they are minded to make a Court claim then defend it.

https://creditsolutionsgroup.co.uk/c...dit-agreement/

[Marty2.8]

Apologies if I have done this wrong Celestine

[Marty2.8]

Hi
I have an update for you on the Wescot front. I sent a complaint to the Financial Ombudsman about the illegible agreement I had been sent for my CCA request to Wescot/Santander.
They have now emailed back basically saying that they do not think the agreement being illegible means that the account is unenforcable.
I had offered them a 20% settlement (monies from my mum) while this was going on and Wescot have asked me for a financial summary and other information such as what I have offered other accounts and if they accepted tham.
What do you think i should do next? I would really do with some advice.
Many thanks

Matt
@Celestine
echat11

[Marty2.8]

It’s a tricky situation because ‘unenforceable’ means not being able to get a court judgment against you. Any other collection activity is permitted, letters phone calls etc
Your situation is interesting because the default is pretty aged and the account is still with the original creditor. (No idea why) When debts are sold on, the purchasers are much more likely to sue you, whereas I don’t know of that happening so readily with the account still with the bank.
Therefore I would not waste your energy on an Ombudsman complaint, I’d hold tight to see what they do next, probably very little because you are slowly paying it off.

Hi so I am at a stalemate with Wescot and Santander. They are sticking to their guns about the account, I am saying that the agreement they sent is illegible (which it is) They previously indicated that if I could back up my 20% offer with figures of what i owe elsewhere and my income that they would they would consider it. I really don't know what to do, I don't want my mum paying them anything if it is actually unenforceable. (i have made no payments to this now since the original CCA request last September.
What should I do? try and deal? or sit tight? I have a new baby and really don't want the threat of court action Thanks again

[Marty2.8]

'All the paperwork' on the PRA debt suggests 'fully enforceable'. Is this debt subject to court action currently?

Therefore, a debt that is fully enforceable, would only get a F&F of 80% because PRA like their year to year cash flow from the slow payers. After all there are millions of these small payment being made into a fully automated system, so it isn't a problem to plan for such revenue going forward many years.

Thank you for explaining, and Im guessing then they would come after my estate (if theres anything) after I die?

[Celestine]

'All the paperwork' on the PRA debt suggests 'fully enforceable'. Is this debt subject to court action currently?

Therefore, a debt that is fully enforceable, would only get a F&F of 80% because PRA like their year to year cash flow from the slow payers. After all there are millions of these small payment being made into a fully automated system, so it isn't a problem to plan for such revenue going forward many years.

[Marty2.8]

It’s a tricky situation because ‘unenforceable’ means not being able to get a court judgment against you. Any other collection activity is permitted, letters phone calls etc
Your situation is interesting because the default is pretty aged and the account is still with the original creditor. (No idea why) When debts are sold on, the purchasers are much more likely to sue you, whereas I don’t know of that happening so readily with the account still with the bank.
Therefore I would not waste your energy on an Ombudsman complaint, I’d hold tight to see what they do next, probably very little because you are slowly paying it off.

Thats great thank you, I could do with some advice about PRA group. They have all the relevant paperwork, the amount on the account is 9K. My mum has offeres them a 50% settlement amount, or me go back on the plan of £4.50 a month. They have turned that down, but said I can either settle for 80% or set up a £4.50 payment plan. Why would they do this? Surely getting 4.5k now is better than £54 a year?

[Celestine]

It’s a tricky situation because ‘unenforceable’ means not being able to get a court judgment against you. Any other collection activity is permitted, letters phone calls etc
Your situation is interesting because the default is pretty aged and the account is still with the original creditor. (No idea why) When debts are sold on, the purchasers are much more likely to sue you, whereas I don’t know of that happening so readily with the account still with the bank.
Therefore I would not waste your energy on an Ombudsman complaint, I’d hold tight to see what they do next, probably very little because you are slowly paying it off.

[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

[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.

[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]

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