LINK financial sent me a reconstituted CCA from Barclaycard

[Marty2.8]

Hi,
Brief outline, 6 debts 5 credit cards 1 overdraft all in default, all will be 6 years old next year in fact two have dropped off my file.
Sent out CCA to the 5 DCA about the credit cards, only one has come back, LINK with a "reconstituted" agreement for a card taken out in 1999.
They say its now enforceable, how do I know that is true?
Thanks

Matt

[echat11]

Hi I am back. I have had an email from Resolvecall saying Link have asked them to pay me a home visit regarding this still unenforcable debt. 2 questions, isnt this harrassment? How do I deal with it?
and how can I get Link to confirm the last acknowlegment or payment I made? I am sure its getting close to statute barred time. I have changed banks so not sure when last payment was made, Im guessing asking for the CCA isnt acknowledging either so its getting close.
Thanks yet again in advance
Matt

a) I have had an email from Resolvecall saying Link have asked them to pay me a home visit regarding this still unenforcable debt.

Resolvecall ha no powers. You can ignore them.

b) isn't this harassment? How do I deal with it?

Even if the debt is 'unenforceable', they can chase the debt, but they need to do it a responsible way. They can't harass you i.e. letters everyday etc.

c) and how can I get Link to confirm the last acknowlegment or payment I made?

You can send a Subject Access Request to the creditor, they have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

[Marty2.8]

Hi I am back. I have had an email from Resolvecall saying Link have asked them to pay me a home visit regarding this still unenforcable debt. 2 questions, isnt this harrassment? How do I deal with it?
and how can I get Link to confirm the last acknowlegment or payment I made? I am sure its getting close to statute barred time. I have changed banks so not sure when last payment was made, Im guessing asking for the CCA isnt acknowledging either so its getting close.
Thanks yet again in advance
Matt

[echat11]

So a quick update, although it maybe frowned upon, I rang them. Link said I needed to speak to Kearns as it was with them now, I rang Kearns, said please check the last letters sent to me. They put me on hold, 30 seconds later informed me it was being passed back to their client. I think, thats done the trick. Thanks again for all the advice.

Well done, update the thread,
if you need more help.

[Marty2.8]

So a quick update, although it maybe frowned upon, I rang them. Link said I needed to speak to Kearns as it was with them now, I rang Kearns, said please check the last letters sent to me. They put me on hold, 30 seconds later informed me it was being passed back to their client. I think, thats done the trick. Thanks again for all the advice.

[echat11]

Hi, coming back to my old thread here. I have had a letter from LINK regarding the COOP account. Threatneing Kearns and Co will take legal action if I dont come back to them. I have the original letter from 2021 confirming unenforceable. I know I can just sit tight, but my wife is pregnant and having these letters coming is stressful to her. If I ring them, does that mean the SB clock resets again? What should I do please?

When your wife thinks about this, she just needs to distract herself watch TV, listen to the radio etc.

They shouldn't be saying the following 'Threatneing Kearns and Co will take legal action if I dont come back to them', the debt is 'unenforceable', it's against FCA Guidelines.

https://www.handbook.fca.org.uk/hand...te=2017-03-07#

CONC 13.1.6 (8)

You could send them another CCA request, if they don't comply or it's non compliant, then they will not waste time sending out 'junk mail'.

[Marty2.8]

Hi, coming back to my old thread here. I have had a letter from LINK regarding the COOP account. Threatneing Kearns and Co will take legal action if I dont come back to them. I have the original letter from 2021 confirming unenforceable. I know I can just sit tight, but my wife is pregnant and having these letters coming is stressful to her. If I ring them, does that mean the SB clock resets again? What should I do please?

[echat11]

[QUOTE=Marty2.8;n1647596]

Hi, from which default, the original one has passed 6 years now and is off my credit file, but the last contact I had was after they admitted it was unenforceable, 18 months ago

'the original one has passed 6 years now and is off my credit file,'

Provided you haven't made any payment or admitted the debt in correspondence over the last 6 years, then it's statute barred.

If you don't want to send the statute barred letter, you could fashion a 'leave me alone' letter until they can actually comply with your CCA request. You can add some bits from the FCA.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[Marty2.8]

[QUOTE=echat11;n1647498]

I'd work from the date that the Default Notice was sent to you. 6 years from that date. Then send them a Statute Barred letter, make sure you get Proof of Postage.

Hi, from which default, the original one has passed 6 years now and is off my credit file, but the last contact I had was after they admitted it was unenforceable, 18 months ago

[echat11]

[QUOTE=Marty2.8;n1647492]

begging letter, your credit report will have your new address on it from one supplier you use. they can and will try right up to statute barred to get you to respond OF COURSE YOU WILL NOT WILL YOU? you respond no statute barred.[/QUOTE
How many years do I have to ignore them? please remind me

I'd work from the date that the Default Notice was sent to you. 6 years from that date. Then send them a Statute Barred letter, make sure you get Proof of Postage.

[MIKE770]

6 yrs from last correspondence or 5 years Scotland do not panic unless e prove compliant CCA 1974 no way they can gett CCj unless you allow them to sit on hands their move next if ever

[Marty2.8]

[QUOTE=MIKE770;n1647491]begging letter, your credit report will have your new address on it from one supplier you use. they can and will try right up to statute barred to get you to respond OF COURSE YOU WILL NOT WILL YOU? you respond no statute barred.[/QUOTE
How many years do I have to ignore them? please remind me

[MIKE770]

begging letter, your credit report will have your new address on it from one supplier you use. they can and will try right up to statute barred to get you to respond OF COURSE YOU WILL NOT WILL YOU? you respond no statute barred.

[Marty2.8]

Hi, I am back again.
1) The FCS have not upheld my complaint, so I am back to seeing what I can do with Wescot.
2) Link, who this thread was originally about have now started writing to me at my new address (I moved in July last year) I have never updated them as I was hoping to get it statute barred, even though they have acknowledged that they the debt is unenforcable, in Jan 2022. It seems like a new team are maybe looking at it, the letter says "Although we are entitled to immediate payment of £ we write now to give you the opportunity to clear this debt in monthly instalments"
What should I do now? They are not entitled to any payment, they have already 18 months ago accepted the debt was unenforceable.
Your advice, as always would be appreciated, I don't like the tone of the letter.

[MIKE770]

fos will state no comment it is up to the courts to decide upon, been there done that annd got nowhere with fos.