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Link reply to CCA - "Give us 6 weeks"

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runforlife
runforlife Posts: 444 Forumite
Part of the Furniture 100 Posts Name Dropper Photogenic
edited 17 March 2021 at 3:28PM in Debt-free wannabe
So Link Financial have replied to my CCA request for a debt originally held with MBNA. Here's my understanding of the situation.
  • The debt still exists. 
  • It is no longer on my credit report as the default was dated in 2014. 
  • They have been unable to find the original CCA document so the debt is unenforceable. 
  • The debt could be enforceable if MBNA eventually produce it. 
I am still waiting for Link to reply re Barclaycard and Cabot re Natwest to CCA requests sent on 3 March. 
Any thoughts on what to do next? 
«1

Comments

  • ive been waiting 4 years for my CCA, im in no hurry, not paying anything, hope i never get it, 2 years time its statute barred.
  • runforlife
    runforlife Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    Did you stop communicating with them after the CCA request?
  • Did you stop communicating with them after the CCA request?
    Yes, ive made no contact with them. They however still send me a statement every few months and a 20% discount if i want. They also emailed me for a while but it required logging on to their site which i think may be a trick to get me to "acknowledge" the debt, so i ignored it. I will just sit tight for 2 years unless they can come up with the CCA. Im hoping if they havnt managed within 4 years theyre unlikely to now but you never know.
  • sourcrates
    sourcrates Posts: 31,494 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Did you stop communicating with them after the CCA request?
    What is it you want to say to them ?

    Until they produce the CCA, there is nothing to talk about.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • runforlife
    runforlife Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    Did you stop communicating with them after the CCA request?
    What is it you want to say to them ?

    Until they produce the CCA, there is nothing to talk about.
    I'm going to wait a while longer to see what they can find but we are hoping to move address in the next few months. Should I tell them if I choose to stop paying?
  • runforlife
    runforlife Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    A further letter arrived today regarding the Barclaycard debt. Interestingly it wasn’t an exact replica of the other one, though said pretty much the same thing. Nothing from Cabot yet though. 
  • runforlife
    runforlife Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    Cabot have spoken! They too have been unable to find either CCA agreement. I will post their letter too, for reference for anyone interested. Interestingly they quote "12 days" in their letter! Hmmm....
  • runforlife
    runforlife Posts: 444 Forumite
    Part of the Furniture 100 Posts Name Dropper Photogenic
    Cabot letter
  • sourcrates
    sourcrates Posts: 31,494 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    There isn’t a debt collector, or debt purchasing company in the world that has any of their customers credit agreements on file.

    The original creditors always retain the paperwork, hence why they have to request it from them.
    Neither they nor you will know if it’s enforceable until said creditor responds.

    Great system eh !!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Love the way they laughingly ask you to continue to make payments while they deal with your request. Tell them to f off until they have sent you the CCA
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