LINK financial sent me a reconstituted CCA from Barclaycard

[Marty2.8]

Hi, I have only sent them CCA requests, whats the procedure for a SAR please?

[echat11]

Morning, I have had a slight disaster. I have had a bag stolen from my car containing 2 of the letters confirming that the accounts were unenforceable. What can I do? Write back and request copy letters and say why?
And to update you all I am still waiting on Wescot reply about the illegible CCA they sent me. I will keep you all informed.
I am also negotiating with Arvarto over the balance I have from Barclays Bank, I didnt ask for a CCA on that with it being a current account.

Just send them another SAR, they will have copies of the 'unenforceable' letters.

[Marty2.8]

Morning, I have had a slight disaster. I have had a bag stolen from my car containing 2 of the letters confirming that the accounts were unenforceable. What can I do? Write back and request copy letters and say why?
And to update you all I am still waiting on Wescot reply about the illegible CCA they sent me. I will keep you all informed.
I am also negotiating with Arvarto over the balance I have from Barclays Bank, I didnt ask for a CCA on that with it being a current account.

[Celestine]

That's absolutely fine, perhaps reference this and comment that payments will not recommence until compliance with CCA.

[Marty2.8]

Okay, I have already ceased payments, I stopped paying after my original CCA request and have never started them!
I will tweak your suggestion slightly and put in that I do no intend paying them.
Thanks yet again!

[Celestine]

Await a response first, do not mention settlement just yet but perhaps mention that you are considering ceasing payments given the circumstances. You await their suggestions as to how to resolve this dispute etc...

[Marty2.8]

Celestine, thats great advice thank you, I will write that letter now. Yes this account is around £3K I have only been paying around £2 a month to them
Should I offer a settlement in the same letter? Or wait for a response?

[Celestine]

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

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.

[Marty2.8]

Thanks again for everyone's help

[echat11]

Hi yes I think they are angling for it to be restarted! That will not be happening!

Cool.

[Marty2.8]

Hi yes I think they are angling for it to be restarted! That will not be happening!

[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'.

[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]

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]

is there anything I can quote?