Help with Link & CCA

[nearlyfree]

Hi

After 7 long years I have paid off nearly £54,000 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 but apparently that isn't good enough. 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 Barclaycard defaulted me on this account and it has therefore fallen off my credit rating and Link cannot report on this account either. There is nothing relating to this debt therefore on my account and I am led to believe that they cannot start reporting on it again?

Legally where do I stand? I only have £1250 to pay them and not what they have counter offered and 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.

[cymruambyth]

Hi and welcome to AAD. I would send a copy of the agreement with a link to this thread to webmaster@all-about-debt.co.uk with all the details on show. This is totally secure and will give you an idea of whether it is enforceable. If it comes back as unenforceable it cannot be legally enforced in a court of law. Then it will be your decision as to whether you pay. Regardless of everything I would consider dealing with this on your own as you pay a fee to stepchange and they are financed by the banking system.

[Joanna Connolly Solicitors]

I would consider dealing with this on your own as you pay a fee to stepchange

StepChange is fee free

Di

[Joanna Connolly Solicitors]

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 but apparently that isn't good enough. 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 Barclaycard defaulted me on this account and it has therefore fallen off my credit rating and Link cannot report on this account either. There is nothing relating to this debt therefore on my account and I am led to believe that they cannot start reporting on it again?

Legally where do I stand? .

I’ll happily answer your question (“legally where do I stand” ?) after you answer a few questions from me

I’ll ask them in a day or so because there appears to be some technical issues with the forum at the moment.

I look forward to helping you.

Di