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Considering making a full and final offer on a debt but CCA provided looks dubious

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  • Considering making a full and final offer on a debt but CCA provided looks dubious

    I owe £12,300 on accredit card in default since August 2018. I have not made payments towards the debt or set up a DMP. It was incurred due to long term unemployment. I informed the card company of my position and various health issues. In December they wrote saying they had transferred (sold?) the debt to LC Assets with Link Financial to manage it. Link wrote asking me to contact them re payment. I asked for proof in the form of a CCA, obtained from the card company after a month. This is not the original as it is on Link financial paper and although it has the date of opening the account (26/6/07) it has my current address not the one i lived in at the time. Is this legitimate? In addition a full list of transactions has not been provided.
    I am considering making a full and final offer of say 30% just to get this debt sorted but want to ensure this document is legit before I have to do so.

    Any advice would be very welcome
    Thanks
    Tags: None

  • #2
    Been through this. My understanding is you need to see the original photocopy, no original no case.

    Comment


    • #3
      Sounds like a 'reconstructed' agreement, if they have 'reconstructed' it, they have to be 'upfront' and tell you that is what it is. If they've 'varied' the agreement then they have to provide an agreement with the 'variation'. Clearly it has to have the address when the agreement was taken out.

      https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

      Comment


      • #4
        Originally posted by LDD View Post
        I am considering making a full and final offer of say 30% just to get this debt sorted but want to ensure this document is legit before I have to do so.
        Any progress? Or is too early to say?

        Comment


        • #5
          Hi all
          Many thanks for your replies s

          Comment


          • #6
            Hi all many thanks for your replies. Sorry for long delay replying i have been unwell. I have just looked at the papers again, this is the same reconstituted agreement as on another post, it has only my name and my current address, not the original address from when i took out the card. This was back in 2007. The date stamp on the copy is 06/07 which seems to be the version number of the document not the actual date of agreement though FCA says this is not needed. I took out the card in November or December 2007. I checked the FCA provisions provided by ECHAT11 (Thanks) and it does say that "The name and address at the time of execution must be included". Seems conclusive i guess. I think I will write back to Link saying this is not a true copy and see their reaction. I wonder if anyone else has done the same and what was the reaction of other debt collection companies. Once again many thanks for all your help.

            Comment

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