CCA request from barclaycard recieved

[FlamingParrot]

Re: CCA request from barclaycard recieved

shall I send this to barclaycard or my current DCA which is Link financial,? or both even?
if Barclaycard which address shall I send it too?

thanks in advance

I'd send it to Link, they should be informed of your dispute with Barclaycard. Have you received a notice of assignment saying the debt has been sold to them or are they just collecting on behalf of Barclays?

[Berniethebolt]

Re: CCA request from barclaycard recieved

Was the original CCA request sent to Barclaycard or Link and who owned it at the time?

If the CCA was sent to Barclaycard when Link owned it, I am not sure how that would make a difference as by then barclaycard would not have any rights or duties as such

Unless someone tells me different

Thanks FP I have saved the PT's, I always struggle to remember them

[FlamingParrot]

Re: CCA request from barclaycard recieved

Was the original CCA request sent to Barclaycard or Link and who owned it at the time?

If the CCA was sent to Barclaycard when Link owned it, I am not sure how that would make a difference as by then barclaycard would not have any rights or duties as such

Unless someone tells me different

The idea is that once you've sent a CCA request to the original creditor and they didn't comply with it, you have to inform any DCA who contacts you about it, whether they've bought the account or are just collecting on their behalf. This is because the OC wouldn't have told the DCA that you'd sent a CCA request or sent them a copy of their reply to you, so they only way they'd find out the account is in dispute over your CCA request is if you tell them. That puts them on the spot because they can't argue with you since they don't know what you've received. I did this a few times with my credit cards and they all went away without ever looking at the actual paperwork, i.e. they neither requested it from the OC (since I didn't send a new CCA request to the DCA), nor was I asked to forward a copy of the paperwork I'd received from the OC.

Thanks FP I have saved the PT's, I always struggle to remember them

Although this is a CC case and not an authority, it's still informative in that respect because it shows the argument from a judge's perspective: http://www.bailii.org/ew/cases/Misc/2012/19.html :grin:

[scoobydoo1]

Re: CCA request from barclaycard recieved

hi I sent the request to Link, and I got this back from them today

"Dear ******

Thank you for your recent letter. We confirm that we referred your dispute to Barclaycard and will now wait for their response.

Kind regards

Rakesh Parmar
Link Financial Outsourcing Ltd
03300 247 050
sip@linkfinancial.co.uk"

any idea on how long I should give them or what to do next if anything?

[nemesis45]

Re: CCA request from barclaycard recieved

hi I sent the request to Link, and I got this back from them today

"Dear ******

Thank you for your recent letter. We confirm that we referred your dispute to Barclaycard and will now wait for their response.

Kind regards

Rakesh Parmar
Link Financial Outsourcing Ltd
03300 247 050
sip@linkfinancial.co.uk"

any idea on how long I should give them or what to do next if anything?

Hi Typical link reply 12 + 2 Working days for a CCA request to be complied with, if not the debt cannot be enforced.

nem

[scoobydoo1]

Re: CCA request from barclaycard recieved

ok thanks for your help, will let you know if/when they reply with anything

[FlamingParrot]

Re: CCA request from barclaycard recieved

hi I sent the request to Link, and I got this back from them today

"Dear ******

Thank you for your recent letter. We confirm that we referred your dispute to Barclaycard and will now wait for their response.

Kind regards

Rakesh Parmar
Link Financial Outsourcing Ltd
03300 247 050
sip@linkfinancial.co.uk"

any idea on how long I should give them or what to do next if anything?

As link are not the original lender they have to go back to Barclays to retrieve the documents. There is no reason to do anything until you hear from them or anyone else about this account. :ranger: I disputed accounts in a similar way years ago and I've not heard a word in years.

Do keep us posted if you hear anything. :typing:

-

[FlamingParrot]

Re: CCA request from barclaycard recieved

Hi Typical link reply 12 + 2 Working days for a CCA request to be complied with, if not the debt cannot be enforced.

nem

I believe in Scoobydoo's case, the CCA request was sent some time ago and they responded with a random set of T&Cs which do not relate to the account, the 12+2 working days wouldn't apply any more as they've responded to the CCA request but not satisfied s.78 so they've been in default ever since.

[nemesis45]

Re: CCA request from barclaycard recieved

It seems relevant to consider the " dispute" as a further CCA request in terms of the time scale for expected reply.

nem

[scoobydoo1]

Re: CCA request from barclaycard recieved

hi just a quick update i have now recieved an email from Link today.,after they sent me the above email, i sent them another email asking them for an update a few days ago as it was approaching a month ,,this is what they sent in reply today update...

"Thank you for your recent email.

As you are aware the two account were assigned to Asset Link Capital (No5)/Link Financial Outsourcing Limited and as such the documentation you requested are not provided until such time we make a request to the original creditor. We note that your dispute is regarding you claim that you did not receive the correct documentation for your requests made to Barclaycard plc.

However we have been informed that no dispute was raised directly with Barclaycard plc prior to the sale of your accounts.Therefore until we receive a response from them which confirms what documentation they provided, we are currently unable to comment or substantiate whether they had complied with your request. Furthermore as the original requests were made to Barclaycard plc and you disputed their response any complaint should have be made in relation to that matter at the time, as no request under section 77/78 of the Consumer Credit Act 1974 with the required fee payments were made to Asset Link Capital (No5)/Link Financial Outsourcing Limited. Although you advise the agreements are currently unenforceable, the account balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.

We trust we have clarified the matter for you and confirm that we will be contact with you once we have had a response from Barclaycard plc.

Kind regardsRakesh ParmarLink Financial Outsourcing Ltd03300 247 050sip@linkfinancial.co.uk

any idea on what i should do next, they have had over a month now to get in touch with barclaycard,seems like they not bothered, surely a month is more than enough time to contact Barclaycard for info
is there anything else i can send to link? to hurry this along or is it a case of just waiting

[nemesis45]

Re: CCA request from barclaycard recieved

hi just a quick update i have now recieved an email from Link today.,after they sent me the above email, i sent them another email asking them for an update a few days ago as it was approaching a month ,,this is what they sent in reply today update...

"Thank you for your recent email.

As you are aware the two account were assigned to Asset Link Capital (No5)/Link Financial Outsourcing Limited and as such the documentation you requested are not provided until such time we make a request to the original creditor. We note that your dispute is regarding you claim that you did not receive the correct documentation for your requests made to Barclaycard plc.

However we have been informed that no dispute was raised directly with Barclaycard plc prior to the sale of your accounts.Therefore until we receive a response from them which confirms what documentation they provided, we are currently unable to comment or substantiate whether they had complied with your request. Furthermore as the original requests were made to Barclaycard plc and you disputed their response any complaint should have be made in relation to that matter at the time, as no request under section 77/78 of the Consumer Credit Act 1974 with the required fee payments were made to Asset Link Capital (No5)/Link Financial Outsourcing Limited. Although you advise the agreements are currently unenforceable, the account balance remains collectable and it is acceptable for creditors to register and continue the reporting of a default.

We trust we have clarified the matter for you and confirm that we will be contact with you once we have had a response from Barclaycard plc.

Kind regards Rakesh Parma rLink Financial Outsourcing Ltd

any idea on what i should do next, they have had over a month now to get in touch with barclaycard, is there anything else i can send to link? to hurry this along or is it a case of just waiting

As long as Link is in default of the CCA request they cannot enforce the debt via the courts.
Parmar is correct on the fact that the debt remains and can be pursued by any others means.
If the conduct of Link become oppressive /harassing then this should be reported to the FCA for
" information".

It's a wait and see situation now but keep an eye on post. I suspect there maybe an attempt to
provide a " reconstituted " agreement at some point.

nem

[scoobydoo1]

Re: CCA request from barclaycard recieved

hi everyone, just a quick update ive finally got a reply back from Link in the post they sent 2 copys of a reconstituted agreements, (attached to the pic below are just terms n conditions like I had before)

is that it now? or is there something else I can send them to request a true copy of the agreements for both accounts?

not sure on my next move (if anything)
any suggestions would be welcome

[IMG][/IMG]

[scoobydoo1]

Re: CCA request from barclaycard recieved

any ideas? or is this as far as I can take it regarding asking for my true/original agreement?