Is the CCA legitimate and the debt enforceable?

[EJ4]

Hi
Please could somebody kindly advise. I have a debt with Link Financial and recently requested my CCA - original lender was Barclaycard. They (Barclaycard) have provided what they refer to as a reconstituted copy of the agreement. My name & address is there, the company name and address is there but there is no date that the account was opened, no credit limit, no digital signature. The default is due to be removed in May this year but there's still around £3000 to pay. If they cannot produce the original copy - is this debt still enforceable? I currently have a debt plan. Thank you.

[echat11]

Hi EJ4

Welcome to LB

When was the account opened?

The whole idea of providing a Reconstituted Agreement is to provide the information that would have been on the original agreement, so the credit limit would of been on there, the APR, the date the account was opened etc.

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

https://lawzone.legal/when-is-a-cred...unenforceable/

[EJ4]

Hi EJ4

Welcome to LB

When was the account opened?

The whole idea of providing a Reconstituted Agreement is to provide the information that would have been on the original agreement, so the credit limit would of been on there, the APR, the date the account was opened etc.

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

[url]https://lawzone.legal/when-is-a-credit-agreement-unenforceable/[/

Hi and thank you!
The account was opened in 2015. I've looked at the documents again and there's definitely no signature of mine/or printed name (assuming it was an online application). There's no date of when the account was opened and no credit limit. I'll have to look again for APR. I have read through the above information (links) but unfortunately there’s a lot that I don’t quite understand and I am concerned about making the situation worse. I have a payment plan in place with a debt charity, the default drops off in May and it would be an enormous relief to think the remaining balance could possibly be written off. However, even if the CCA isn’t correct it doesn't appear to be that simple?

[echat11]

Hi and thank you!
The account was opened in 2015. I've looked at the documents again and there's definitely no signature of mine/or printed name (assuming it was an online application). There's no date of when the account was opened and no credit limit. I'll have to look again for APR. I have read through the above information (links) but unfortunately there’s a lot that I don’t quite understand and I am concerned about making the situation worse. I have a payment plan in place with a debt charity, the default drops off in May and it would be an enormous relief to think the remaining balance could possibly be written off. However, even if the CCA isn’t correct it doesn't appear to be that simple?

Did they send any other documents with the Reconstructed Agreement? that has the required terms on them.

[EJ4]

Hi ,

They sent a 'Short Form Cancellation' - this is just a screen shot with a few words on it; 'Historic Terms and Conditions'; 'Varied Terms and Conditions'. However, there’s nothing signed/printed by me, no credit limit and I'm guessing that varied terms means no APR needs to be specified? Thank you

[echat11]

Hi ,

They sent a 'Short Form Cancellation' - this is just a screen shot with a few words on it; 'Historic Terms and Conditions'; 'Varied Terms and Conditions'. However, there’s nothing signed/printed by me, no credit limit and I'm guessing that varied terms means no APR needs to be specified? Thank you

a) They sent a 'Short Form Cancellation' - this is just a screen shot with a few words on it;

o.k.

b) 'Historic Terms and Conditions'; 'Varied Terms and Conditions'.

'Varied' Term's and Conditions show if the APR has changed from 25% to 27%, if the Credit Limit has changed - increased etc

c) However, there’s nothing signed/printed by me, no credit limit and I'm guessing that varied terms means no APR needs to be specified?

If the agreement was taken out online, it's not going to have a signature.

[EJ4]

Hi and thank you. I think it's all generic but it does mention on one page a standard rate of 17.43% per year variable. My credit limit is not mentioned, nor a date the account was opened. Perhaps this would have been on the signature page which I'm presuming they no longer have? If they cannot find this information, do you think I may have grounds to do something i.e make a settlement offer? The six year default drops off in May and I'm desperate to get this resolved.

[echat11]

Hi and thank you. I think it's all generic but it does mention on one page a standard rate of 17.43% per year variable. My credit limit is not mentioned, nor a date the account was opened. Perhaps this would have been on the signature page which I'm presuming they no longer have? If they cannot find this information, do you think I may have grounds to do something i.e make a settlement offer? The six year default drops off in May and I'm desperate to get this resolved.

What you can say is that the account is 'unenforceable', clearly they'll say it's not, try to provide the missing prescribed terms. Make offers to them, but write 'Without Prejudice' on the offers, so your offers can't be used in Court. Start with low Full and Final Settlement offers, 10%, 15% of the debt.

https://nationaldebtline.org/sample-...tlement-offer/

https://nationaldebtline.org/fact-sh...ent-offers-ew/

[EJ4]

The missing prescribed terms being no credit limit and missing date that the account was opened? Both of those terms must be provided? I read the two articles but I have interpreted some of the information differently. Thank you very much for your help.

[echat11]

The missing prescribed terms being no credit limit and missing date that the account was opened? Both of those terms must be provided? I read the two articles but I have interpreted some of the information differently. Thank you very much for your help.

Those 2 articles has been posted if you want to try to settle the matter, you indicted in post 7, that you might.

[EJ4]

Those 2 articles has been posted if you want to try to settle the matter, you indicted in post 7, that you might.

I suppose I need to know what leverage I have. i.e whether the account is definitely unenforceable without my credit limit being provided or date the account was opened? One article seems to suggest this definitely makes it unenforceable but the other article implies missing information doesn't give the account holder as much leverage as they might think. I'm confused.

[echat11]

I suppose I need to know what leverage I have. i.e whether the account is definitely unenforceable without my credit limit being provided or date the account was opened? One article seems to suggest this definitely makes it unenforceable but the other article implies missing information doesn't give the account holder as much leverage as they might think. I'm confused.

Your argument is that they need to provide that information under the CCA 1974, until they do the account is 'unenforceable', to date they haven't.

Say the matter went to Court, there is no guarantee in which direction the Judge would go. But there are factors in your favour, no opening date, no credit limit etc.

[EJ4]

Thank you again. Link Financial bought the debt from Barclaycard so I'll go back to Link and ask them to request the missing information from Barclaycard in the first instance. I'll then be able to consider an offer