Link/Barclaycard

[pinkish]

I have a debt of £648.28 with Link/Barclaycard. The debt is from 2003 and I have been paying Link £3.00 per month. I wrote asking for a copy of my CCA for this debt and I have received a letter from Link advising me that they were unable to comply with my request and therefore the debt was unenforceable. They also enclosed a letter from Barclaycard House which stated the following . "We need to advise you that regrettably we are currently unable to fulfil your request. As such we are not able to enforce our agreement and the agreement will remain unenforceable until at such time we are able to fulfil your request. You will still need to pay the debt that has accrued. It is important to note that that were debt has accrued on your account, we will were required report to credit agencies which may impact your credit rating, demand payment form you , issue a default notice and instruct a third party to demand payment or otherwise seek payment from you. This completes our obligations under Section 78 of the Act". So very threatening!

I know you have advised that if a company cannot produce the CCA then the debt is unenforceable, but can you advise where I stand regarding the threat to report to a credit agency and the threat to issue a default notice and instruct a third party to demand payment. I thought I had already gone through this process when I defaulted on the debt in 2003 and isn't the debt already with a third party Link or are they saying they would involve another company? I now have an excellent credit rating and would not want this issue to have an impact on that now. I would welcome your advice re this

Many thanks Pinkish

[echat11]

The debt is 'unenforceable'.
They would have already 'defaulted' the account in 2003.
The default should already have 'fallen off' your credit report
6 years after it was defaulted.

If they add a Default to your Credit File, then you can lodge a Complaint
with the ICO as it wouldn't reflect what's transpired.

[pinkish]

The debt is 'unenforceable'.
They would have already 'defaulted' the account in 2003.
The default should already have 'fallen off' your credit report
6 years after it was defaulted.

If they add a Default to your Credit File, then you can lodge a Complaint
with the ICO as it wouldn't reflect what's transpired.

Thank you, can I ask you, what action would the ICO take? and would I be able to have the default removed off my credit file if they do that and I lodge a complaint to the ICO?

Can I ask you if any other people have been in similar positions and are defaults normally lodged?

Thank you
Pinkish

[echat11]

Thank you, can I ask you, what action would the ICO take? and would I be able to have the default removed off my credit file if they do that and I lodge a complaint to the ICO?

Can I ask you if any other people have been in similar positions and are defaults normally lodged?

Thank you
Pinkish

If the Default has been placed incorrectly on your Credit File, then the ICO will investigate, then you can go to the CRA to ask for it to be removed. The thing is that a Default should only be registered against an account / debt once. But sometimes when a debt is sold, there maybe two Defaults on the account / debt, it does happen.

You could send the letter below the heading, setting out your position -

I still have not had the information I asked for (CCA request follow up)

https://www.stepchange.org/debt-info...e-letters.aspx

[pinkish]

Hi
I have asked a couple of questions re this subject recently and feel I just need some more clarity around the issues. I would be very grateful if you could advise.
I have a debt and the debt collection cannot produce the CCA . The debt is over 15 years old so the default has dropped off my credit file which is now excellent. The debt collect agency have acknowleged that the debt is unenforceable, and they have contacted the original ,lender Barclaycard who have written to me via the debt collection agency saying that although the debt is unenforceable I still have to continue paying my monthly amount if not then they may put a default my credit file, send around debt collectors etc.

It is my understanding that if barclaycard put a default my credit file over fifteen years ago, then outsourced the debt to the debt collection agency they cannot put a default against the same debt again, is this correct, is this legislation ?

If they do do go down this road are they legally bound to inform me that they are doing to do it . eg they have to send me a a default letter and give me ? days to respond

Thank you Pinkish

[ULA]

Thank you pinkish other thread deleted.

[echat11]

https://www.legislation.gov.uk/ukpga...efault-notices