CCA request what does it need to say?

fingersxrossed1

hi all


I requested a CCA from Barclaycard what am I looking for, for it to be valid if that makes sense to confirm they have the correct paperwork for my debt with them?
all I got was the following


I write further to a letter requesting a copy of your excuted 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 (cancelation notices and copies of documents) regulations 1983.


under section 78, we must supply you with a copy of your excuted agreement and a statement of account which is practicable to refer.


please find enclosed a copy of your latest executed agreement.


this is a statement of the terms of your agreement with us and incorporates any varitions to the terms made since you entered into this agreement, however, the intrest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account.


the current credit limit on your account £4000


the current balance on your account today is £3918


with refrence to the civil procedure rules (the cpr). 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 .


provides that a party may apply to the court for pre-action disclosure in certain 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 respondents costs, together with the respondents costs of complying with any order that is made as a result (cpr48.1 (2)


while there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps, to provide you with the contractual terms under which your fianancial 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 refrence agencies, although we will formally notify you before doing so,


this completes our obligation to you under section 78 of the consumer credit credit act 1974

your sincerely
Barclaycard services


it was followed by 3 pieces of paper with terms and conditions on,


does this mean they hold all the paperwork for my account ?

fermi

http://www.bailii.org/ew/cases/EWHC/QB/2009/3417.html

1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;

(2) The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

(3) The creditor need not, in complying with s78, provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made;

(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;

..........

(7) In assessing whether Prescribed Terms are "contained" in an executed agreement the principles set out at paragraph 173 above are relevant. On the assumed facts set out at paragraph 177 the Prescribed Terms were so contained;

fermi

Also see: https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

fingersxrossed1

does that mean they have all the relavant documents needed?


sorry if I sound thick, I,m not into all this legal jargon lol

fermi

Hard to say without seeing them, but it sounds as if they have reconstituted and only sent the current CCA/terms, instead of a reconstituted copy of BOTH the original and the current one.

You should probably ask somewhere that allows you to post the documents for an opinion.

For example: www.legalbeagles.info/forums or www.consumeractiongroup.co.uk/forum/

fingersxrossed1

is it allowed to show the terms and condtions on here? minus any sensitive info

tomtontom

What are you trying to achieve with the CCA request?

fingersxrossed1

to see if they hold the paperwork if they don't then it may raise my chances of offering/accepting a lower Final settlement, or maybe a very slim hope that it maybe unenforceable

fermi

fingersxrossed1 wrote: »

is it allowed to show the terms and condtions on here? minus any sensitive info

You can, but...

- Not as easily. Can't do attachments here. Would have to be uploaded to another site and a link given.
- The other places I linked to have (allegedly) more people who are clued up on the technicalities and legalities involved.

fingersxrossed1

ok thank you for your help

sourcrates

fingersxrossed1 wrote: »

to see if they hold the paperwork if they don't then it may raise my chances of offering/accepting a lower Final settlement, or maybe a very slim hope that it maybe unenforceable

How old is the account ?

Because any issues with the paperwork would only really be applicable to an account opened prior to April 2007, as that was when the law was changed regarding credit agreements.

After this date, a reconstituted version can be supplied.
But, In all honestly, if a recon was supplied for an account opened prior to this date, the creditor could argue it was acceptable, in the end only a court can rule on such matters.