LINK financial sent me a reconstituted CCA from Barclaycard

[echat11]

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

Look up the 2/3 tel numbers for Link, see if you can block them with your service provider. There's the TPS service -

https://www.tpsonline.org.uk/

[Celestine]

Telephoning once a day during office hours is normal and not counted as harassment unless you can provide some specific (medical) reason why such calls could be causing harm as then Write to inform them.
useful guide here: https://www.citizensadvice.org.uk/de...-by-creditors/

[Marty2.8]

So a strange reply from Link, two letters on same day one dated the 1 Dec the other the 7 Dec
One says dispute is noted. The other has sent exactly the same reconsituted agreement!
What do I do now?

[unluckyjim]

good info

[Marty2.8]

Having looked closer. The resending of the reconstituted agreement was dated the 1st and the noting of a complaint was the 7th. It also says they will reply in 4 weeks so I will sit and wait..

[echat11]

Having looked closer. The resending of the reconstituted agreement was dated the 1st and the noting of a complaint was the 7th. It also says they will reply in 4 weeks so I will sit and wait..

Yes, sounds like they are at 'sixes and sevens', maybe agreeing that you have a 'valid' dispute regarding the 'reconstituted agreement'.

[Marty2.8]

Hi , today another letter from Link about my “dispute” Its strange. They say on page 1 they have found they have not broken any of the guidelines that govern their organisation. On page 2 its says points raised: they failed to comply with my documentation request.
investigative notes: having investigated the matter further,pur team are now able to comfirm the following in regards to your dispute.
having reviewed the account I can currently confirm that we are unable to comply with your request under Sec 77,78,79 of the consumer credit act 1974 and therefore we agree that the account is currently unenforceable
until such a time when we are able to provide the documentation.
(followed by blurb about still being collectable)
What a result! Thanks to everyone

[echat11]

Well done, update the thread if keep getting the silly calls or anything else.

[Celestine]

Good result. Keep all paperwork carefully filed.
Personally I would write back thanking them for confirming your assertion that the documents supplied previously do not comply with CCA 1974.
You should state that you understand that they are entitled to continue reasonable collection communications but that they are unable to enforce the account (which means get a County Court Judgment against you) I would ask them to ensure that this account is not passed to their litigation team while the account remains unenforceable as that would be unfair and stressful to you as well as a potential abuse of the court system. Close, with something like, I await receipt of the correct documentation pertaining to your CCA request dated XX.

[Marty2.8]

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

Hi Wescot have written back saying " We refer to your recent communication regarding the above account, please review the Statements that I have enclosed for you as requested. Santander have advised the previously issued Agreement is the only copy that they are available to provide to you. I can confirm that the payment arrangement is still in place on this account"
So what do I write back now? The original is illegible.
Thanks again everyone

[MIKE770]

You have to be sent a “true copy” of the agreement – this doesn’t have to be a photocopy of the original agreement. It must be legible and it must include:

• 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 documents that were mentioned in the Terms and Conditions

[Marty2.8]

is there anything I can quote?

[echat11]

is there anything I can quote?

What you need to do is cease payments until they can provide a 'legible copy', you can't have a situation where they can't provide a legible copy and you are still paying them, it defeats the reason of asking for a 'True Copy' in the first place.

There's a letter, that you can amend and send as a follow up (scroll down) -

https://forums.moneysavingexpert.com...to-cca-request

[Marty2.8]

Hi, thanks for that, I have not been paying them since the original request from September. I will send another letter and add in about it being legible.

[echat11]

Hi, thanks for that, I have not been paying them since the original request from September. I will send another letter and add in about it being legible.

I was going by their response.

'I can confirm that the payment arrangement is still in place on this account'.