Link and CCA non compliance Barclaycard

[Cupcake6]

Hi, l had an old Barclaycard, defaulted in 2002 and had a repayment plan until they sold it to Link in about 2016. I had asked for my CCA from Barclaycard and they said they didn’t have it.
I pointed it out to Link and asked them for it and to be honest l forgot as l did not then hear from them for about 5 years. Suddenly l got a letter last year and restarted the process. They sent an invalid reconstitution, not in date for t and cs etc. along with blank paper from Barclaycard.
I complained and then they investigated and predictably said they were right and l was wrong, but did talk about our emails about the account (I have never emailed them).
They have again restarted and are now saying they will come to my house.
I have written to them said don’t come to my house and can you provide me with evidence of the emails that l have not sent, as it is a breach of my personal information, as in GDPR
I did offer a settlement in 2018, it was made in good faith, they refused it.
it is a debt of £4,700.
It has not been on my CCA for 19 years. It was closed by Barclaycard in 2011 (prior to sale to Link).

Any ideas of what else l can do?

[echat11]

Hi Cupcake6

Welcome to LB

If they sent a Reconstituted Agreement but isn't compliant, then the agreement is 'unenforceable' until they provide a compliant one.

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

If you made an of payment in 2018, the debt might be Statute Barred providing no payments or acknowledgment of the debt in writing over the last 6 years (providing there is no CCJ).

You could send the following, make sure you get Proof of Postage.

https://legalbeagles.info/forums/for...ed-debt-letter

Link will have a complaints procedure on their website, use it. They shouldn't try to mislead you in the 'communications' they have with you. It's against the FCA's guidelines on debt collection.

https://www.linkfinancial.eu/linkfinancial/customer-2/

Update the thread.

[Cupcake6]

Hi,

Thanks for the advice.

I continued to pay until about a year ago. When I stopped. I went through alll my correspondence and Barclaycard said they had not got the agreement. I dropped the ball, so my fault.
the agreement is pre 2000.

I have written a further letter of complaint, they responded badly to my last complaint talking about emails sent etc. I have never corresponded by email so l have asked for details as they have breached my GDPR by doing this. Either that, or it is more of their inept behaviour.

I think l will put them to proof and go to the ICO about it and see what they say there.

[echat11]

a) I continued to pay until about a year ago. When I stopped. I went through alll my correspondence and Barclaycard said they had not got the agreement. I dropped the ball, so my fault. the agreement is pre 2000.

O.K. so the debt isn't statute barred as payments has been made within the last 6 years. The likelihood is that the debt is 'unenforceable' because the agreement was taken out pre 2000, they can't find it or it's likely a one page application form etc.

b) I have written a further letter of complaint, they responded badly to my last complaint talking about emails sent etc. I have never corresponded by email so l have asked for details as they have breached my GDPR by doing this. Either that, or it is more of their inept behaviour.

They should maintain accurate records, it might be a simple 'error', but that doesn't help you when you seek correct information. If they 'doubled down' on the 'emails' issue, then they are misleading you even though you've tried to correct them. That's against the FCA's Guidelines.

https://www.handbook.fca.org.uk/handbook/CONC/7/13.html

c) I think l will put them to proof and go to the ICO about it and see what they say there.

Link will have a complaints procedure on their website, use it. They shouldn't try to mislead you in the 'communications' they have with you. It's against the FCA's guidelines on debt collection.

You will need to complain to Link first, they investigate, they send you a Final Response / Deadlock letter. Then lodge your complaint with the ICO, if you are unhappy with their response.

https://www.linkfinancial.eu/linkfinancial/customer-2/

[Teasel88]

I have a similar situation and would be grateful for some advice. In early 2022 Link were unable to comply to a CCA request and said the account is unenforceable. I stopped payments. They send a statement of account each year with no mention of this being unenforceable but no threats. I have had a letter today saying they will send debt collectors to visit me about the debt they say I owe unless I pay or call them. They do not mention in this letter that the debt is unenforceable.

1. Can they call at my house?
2. If I write saying that the debt is unenforceable will that reset the statute barred clock.
3. If I tell the collector, if they call, that the account is unenforceable will that reset the clock. Or can I refuse to speak to them?

[echat11]

I have a similar situation and would be grateful for some advice. In early 2022 Link were unable to comply to a CCA request and said the account is unenforceable. I stopped payments. They send a statement of account each year with no mention of this being unenforceable but no threats. I have had a letter today saying they will send debt collectors to visit me about the debt they say I owe unless I pay or call them. They do not mention in this letter that the debt is unenforceable.

1. Can they call at my house?
2. If I write saying that the debt is unenforceable will that reset the statute barred clock.
3. If I tell the collector, if they call, that the account is unenforceable will that reset the clock. Or can I refuse to speak to them?

If you can start your own thread.

[Teasel88]

Apologies, thought I had. My mistake.

[Cupcake6]

Hi,

Had a response to complaint.

They have ignored it, said l asked them to send emails? So l have replied and asked (again) where are they? Where are the headers, what’s the email address you used or l used? It is complete rubbish. I have said that they have misused my data and not kept accurate records.

i have said l will go to the ICO and FOS.

they have not provided an agreement and no T and Cs from the relevant period. They have provided ones from after an application was made.

i also have notes from conversations with the original creditor who told me they didn’t have the information to comply and then sold the account on to Link.

it is bad how inept they are.

they said they were sending people round here in the next week, l have told them not to as it would be harassment.

I have also said that if they had the actual documents then they would have started proceedings already, it has been over 14months since l asked? I originally asked gif it years ago and they ignored it.

i would find it amusing if it were not so irritating.