CCA request from LINK

[frame10]

I asked for a CCA from link re debt from around 2003 re MBNA cc.
They sent me a print out of my online application showing name etc, bank details, password, other card debt, employment details etc.
Then 3 pages of terms and conditions (general – absolutely nothing personal in these 3 pages).
At top it says please refer to your credit agreement for conditions 1, 2 and 3 (which I assume would show how much my credit limit was, & interest and payments due etc). They did not send 1,2 and 3.
So in asking for CCA I got these documents sent to me – I replied saying this is not what I requested. They have replied again saying, yes they are .
What specific details can I say are missing?
credit limit?
APR?
Thank you

[echat11]

Hi Frame10

Welcome to LB

An online 'application' print out, is not a credit agreement, its just an application for credit.

Write back explain that what they have sent is an online application form, that does not constitute a Consumer Credit Agreement under the CCA 1974.

State that under the Financial Conduct Authority's Handbook Creditors, should not try to mislead a customer into believing they have provided the
requested documentation, when that is not the case.

CONC 13.1 Application

Failure to comply

Con 13.1.6

(1) Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.
(2) In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.
(3) In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

(I doubt that the Terms and Conditions supplied are the ones enforce in 2003 by MBNA).

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

[frame10]

Thank you. I have replied to them stating the above and they replied:

I appreciate that you have advised that the documentation provided does not comply with the legislation, however, I am unable to agree with this, nor have you provided us with any specific reason why you feel that this is not sufficient
The above referenced account is both enforceable and collectable.

I replied "does not show the date the agreement start, what the APR was or what the credit limit was" and they replied with:

As you are disputing the agreement, this will need to be raised with the original vendor.

Link Financial have provided all required documents.

The details noted relate to contact prior to Link Financial inception, due to this we are unable to discuss.

I reminded them it was now unenforceable and to please confirm. Haven't heard back from them.

I have stopped paying them now.

Need reassurance that I am doing the right thing please

[echat11]

Thank you. I have replied to them stating the above and they replied:

I appreciate that you have advised that the documentation provided does not comply with the legislation, however, I am unable to agree with this, nor have you provided us with any specific reason why you feel that this is not sufficient
The above referenced account is both enforceable and collectable.

I replied "does not show the date the agreement start, what the APR was or what the credit limit was" and they replied with:

As you are disputing the agreement, this will need to be raised with the original vendor.

Link Financial have provided all required documents.

The details noted relate to contact prior to Link Financial inception, due to this we are unable to discuss.

I reminded them it was now unenforceable and to please confirm. Haven't heard back from them.

I have stopped paying them now.

Need reassurance that I am doing the right thing please

O.K. update if / when they comeback with something.

[frame10]

Hi again

Link sent a letter to me last week saying they were passing my account onto Shoosmiths within 14 days ( they never mentioned they were a legal firm - google told me that). They emailed me with email entitled 'Prevent Legal action' saying they recently sent me a letter explaining the intended legal action. The CCA they sent me was incomplete - I told them that but they didn't reply. What am I to do? Please help. Thanks

[echat11]

They haven't provided the requested documents.

'As you are disputing the agreement, this will need to be raised with the original vendor.

Link Financial have provided all required documents.

The details noted relate to contact prior to Link Financial inception, due to this we are unable to discuss.'

What they are saying is 'ridiculous'. There is only one agreement, they bought the account so they should
provide the requested documents. This breaches FCA Guidelines.

You don't need to do anything at this stage.