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Reconstituted CCA
Bennysonic
Posts: 5 Forumite
Hi Just a quick question.
I have a very old joint-account partner debt with Barclaycard which I am disputing.
Does anyone know if it is legally acceptable under the terms of the CCA for a creditor (Barclaycard via MKDP) to supply a 'reconstituted copy of a CCA' with no visible signature or even my name relating to the contract?
Thats what MKDP sent to me.. a nasty dog-eared copy plus some random terms and conditions which may or may not be relevant...and they claim this fulfils their obligations under s77-79of the Consumer Credit Act 1974.
All thoughts and guidance gratefully received.
BennY
I have a very old joint-account partner debt with Barclaycard which I am disputing.
Does anyone know if it is legally acceptable under the terms of the CCA for a creditor (Barclaycard via MKDP) to supply a 'reconstituted copy of a CCA' with no visible signature or even my name relating to the contract?
Thats what MKDP sent to me.. a nasty dog-eared copy plus some random terms and conditions which may or may not be relevant...and they claim this fulfils their obligations under s77-79of the Consumer Credit Act 1974.
All thoughts and guidance gratefully received.
BennY
0
Comments
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What are you disputing?0
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Where is your copy?
Thinking critically since 1996....0 -
ILW
its complicated.
Ownership, reason for default (my partner was dealing with it at the time I believe) plus charges but mainly It was so long ago I just want a copy of the original CCA so I can see what it was and start the ball rolling...0 -
somethingcorporate wrote: »Where is your copy?
It was so long ago I do not have an original. Thats why I want to see what it relates to. Also see response just made to ILW below0 -
Was this a credit card?
Credit cards are not joint accounts they always have a single creditor responsible for them, and other cardholders on the accout are not liable for the debt.
A reconstituted copy of the CCA is considered acceptable fulfilment of a request under the consumer credit act (s77-79). Obviously this wouldn't have your signature as they are not suggesting it it the original copy of the original agreement you signed.A smile enriches those who receive without making poorer those who giveor "It costs nowt to be nice"0 -
When was original CCA signed?0
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Doesn't need to have your sig, but should have name, address at time taken out, prescribed terms, charges in case of late payment etc.
What you have does not sound like a valid response to a CCA request.
If taken out pre April 2007, they still need a signed original to get a CCJ, so they are probably trying to fob you off as they don't have the original.
You can tell them that's its not a valid one and the account is in dispute and to go away. Thats what i would do.
When did you last pay? Are you looking to make a full and final offer?:beer:0
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