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Confusing reply to CCA request - UPDATE post 12

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  • Moolie
    Moolie Posts: 34 Forumite
    UPDATE: We have received a letter back from Barclaycard today but can't really understand it. Can anyone please advise? Thank you x

    Reference: SECTION 78 of the Consumer Credit Act 1974

    I write further to your letter requesting a copy of your executed agreement for the above account.

    The information we must provide to you under the terms of Section 78 is prescribed by the Consumer Credit Act 1974 and by the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Under Section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

    - The current credit limit on your account is £
    - The current balance on your account today is £
    - The next minimum payment of £ is due on

    Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate cover.

    You will be receiving your next statement shortly which will provide you with full details of your account.

    With reference to the Civil Procedure Rules (the “CRP”). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer an automatic entitlement to documents before proceedings start. CPR 31.16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence - and the usual order is for the applicant to pay the costs of the application, including the respondent’s costs, together with the respondent’s costs of complying with any order that is made as a result (CPR 48.1(2)).

    While there is no formal obligation on our art to provide documentation in answer to Validation of Debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

    I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement. If you do not, we may register a default against you with credit reference agencies, although we will formally notify you before doing so.

    This completes our obligation to you under Section 78 of the Consumer Credit Act 1974.

    Yours sincerely
  • Moolie
    Moolie Posts: 34 Forumite
    Bumping in case anyone can advise today. Thank you x
  • WRINKLES
    WRINKLES Posts: 817
    500 Posts
    Forumite
    :jThey dont have it
    GRADUATED FIRST CLASS WITH HONORS FROM THE SCHOOL OF HARD KNOCKS RECOMENDED READ IF BY RUDYARD KIPLING
  • InDeepDebt
    InDeepDebt Posts: 240 Forumite
    Moolie

    I'd post the copy of your reply in this thread

    https://forums.moneysavingexpert.com/discussion/2532927

    There's a geezer called Niddy who knows all there is to know about enforceability.

    Jim
  • Moolie
    Moolie Posts: 34 Forumite
    lol Thank you, will do x
This discussion has been closed.
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