- Sat Mar 31, 2012 11:38 am
This could prove interesting, as if Barclays sold the debt in 1998, then in accordance with the financial laws they would almost definitely destroyed the original agreement (if any) around 2005. As they are only legally obliged to keep them for 7 years.
under the law they only actually need to produce a reconstructed copy of the agreement to you at this stage, which must contain the original terms and conditions, names and address (original), but do not need signatures, etc. If it proceeds to court then they are meant to produce the original (which YOU must use as a defence).
So as to actions now, a lot of that will be up to you, but I would suggest carrying on paying them as you have done, but let them know that you are aware the debt is unenforceable in court as they do not have the original agreement.
And leave it at that.
If they do try to proceed to court (that is you actually receive the court papers from Northamptonshire) which is rare for Link, then you have several good defences, the history of good repayment, their threatening and intimidating behaviour and very must the failure to produce the original agreement, which is a requirement in law!!