LINK financial sent me a reconstituted CCA from Barclaycard

[Marty2.8]

Hi, I have no idea how I opened that account years ago. I was a Barclays bank current account holder, so it must have come through them

[echat11]

Hi, I have no idea how I opened that account years ago. I was a Barclays bank current account holder, so it must have come through them

If it was through your Barclays Bank current account, it might of been one of those 'pre-authorized' forms you just had to sign (just speculating).

[echat11]

I know I sent the following template, scroll to the very bottom of the page -


'Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

if the creditor send you a reconstructed piece of crap of an agreement , you request a true copy not under the consumer credit act but under the

Consumer Protection from Unfair Trading Regulations 2008


Dear Sirs

Account No/Reference No: XXXXXXXX

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,'

https://legalbeagles.info/forums/for...ted-docs/page6

[Marty2.8]

Hi all this advice is really helpful, thank you. So do I not have to mention Carey Vs HSBC then?

[echat11]

Hi all this advice is really helpful, thank you. So do I not have to mention Carey Vs HSBC then?

I think you need to wait for @pt2537 to respond and advise.

[Marty2.8]

Thank you! I will do that, Im guessing he is so busy he only visits now and again

[echat11]

Thank you! I will do that, Im guessing he is so busy he only visits now and again

That's correct, but that does give you time to do some research.

[Marty2.8]

That's correct, but that does give you time to do some research.

Yes it does! But I fear I am confusing myself with all the jargon.

[Marty2.8]

Hi one of my other CCA requests has now come back too, I have scanned it and the quality isnt great, the one they sent me is just about readable, I have scored out the personal details which were all correct.
Could anyone have a quick look please?
That one does look like the real thing, what do I know tho!

[echat11]

Definitely not legible. When was the last payment made and contact made on the debt?

You have the 6 debts, can you list them, with the last payment date and last contact date as some are clearly statute barred.

[Marty2.8]

so write back asking for legible copy?

[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.

[echat11]

so write back asking for legible copy?

Yes ask for a legible copy.

This is still valid, the OFT is now called FCA, have a read.

https://www.uk-debtcollection.com/pu...ms/OFT1272.pdf

[Marty2.8]

HI so just a quick update, I have written to Link about the reconstituted agreement, also to Wescot about the illegible CCA
I will let you know what replies I get

[Marty2.8]

Hi, nothing back from the letters yet, Link are becoming a pain ringing the house and my mobile despite my last letter saying I did not wish to be contacted by phone.
If I was to ring them to say stop ringing me, what should I say? just that? or is there something I can quote about harassment or similar?
Thanks