Help with Link & CCA

Nearlydebtfree · 15 August 2018 at 5:38PM

Hi

After 7 long years I have paid off nearly £50,000 of debt with the amazing help of Stepchange however I have one final issue with Link who took over my accounts with Barclaycard.

During the last 6 months I have made various F&F offers which were all accepted by everyone apart from Link who have kindly offered to shave £50 off the two accounts I owe them. I owe them a total of £1600 and offered £1250. I did the CCA request and they could not provide me with the signed agreement and have now come back and said to me that they "can only provide me with a copy of the reconstituted agreement, and that there is no requirement to supply a copy with a signature at any time, as a Section 77/78 document is not valid to use as proof of the debt or liability". They therefore says that the debt stands and I am fully liable.

The current position is that Barclay card defaulted me on this account and it has therefore fallen off my credit rating and Link cannot report on this account either.

Legally where do I stand? I only have £1250 to pay them and not what they have offered so I don't know whether to pay them the £1,250 and gradually reduce the balance or stand firm. To be honest I am not entirely sure of my rights. I am not trying to shirk responsibility as I have paid my debts for the last 7 years but they simply want more than I can afford.

Any advice gratefully received.

Willing2Learn · 15 August 2018 at 5:50PM

I haven't got an answer for you but just wanted to say well done on being nearly debt free. You've done well paying 50k in 7 years!!

:T

Nearlydebtfree · 15 August 2018 at 5:53PM

Thank you - I have just looked and in May 2011 I had £54k of debt. Contacting Stepchange was the best thing (and what I thought was the scariest at the time) I ever did. I had a debt free date of 2022 but I chipped away each month and managed to save a lump sum to pay off the remaining creditors in the last few months. I was fortunate that most accepted between 50-60%.

Have just been sat reading some threads as MSE was a huge huge help for me emotionally at the time and gave me the confidence and support I needed to stop burying my head in the sand and tackle it and I am so so proud that I have

sourcrates · 15 August 2018 at 7:28PM

Hi,

They are correct in most of what they have told you.

A reconstructed credit agreement is acceptable, and it does not need to be signed.

The debt does stand, and you are fully liable unfortunately.

Suseka97 · 15 August 2018 at 10:06PM

Go over to the 'All About Debt Website/Forum' and ask your question there. Your debt may well be enforceable because a reconstituted agreement does meet the criteria, but there are other documents they are required to provide depending on the age of the debt and AAD are best placed to confirm UE or otherwise. If proved enforceable just pay them token payments. If the account is defaulted it will fall off your credit file 6 years after the date of the default, doesn't matter how much you still owe... let them work for their money because they pay peanuts to the original creditor.

Help with Link & CCA

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