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PRA CCA request received Advise Please
Sly72
Posts: 209 Forumite
I've sent CCA request to PRA on 29.3.23, received acknowledgement on 4.4.23
On 1.5.23 I received a letter stating "we have currently deemed this debt as unenforceable" with copies of:
1. Letter from Barclaycard informing reconstituted copy of CCA
2. Historic terms and conditions
3. Varied terms and conditions
4. Short form cancellation
Images below
On 19.9.23 I received a letter stating " we have enclosed copy of documents requested " with copies of statements from Aug 21- Feb 23 and now asking me to contact them with 14 days.
Have Barclaycard produced a compliant credit agreement?
Is my account still unenforceable?
What would a CCA credit card look like?
I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.
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Comments
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On the ones I've had there has been a tickbox with a date to say I've agreed (a tickbox rather than a signature as it was done online). I'm not sure if that's a requirement but yours doesnt have that.
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Copy agreements don`t need to be signed, or display a signature box.
It`s a standard recon agreement, Barclaycard are churning out a few of those right now, all identical except for the debtor info.
You have to keep in mind that only a court can decide, one way or another, if an agreement is compliant or not.
To me, it looks like a standard recon, name/address/T`s&C`s/interest rate/right to cancel, only thing missing is credit limit, and that`s the same across the board.
When you get told an agreement does not comply with legislation, there can be many reasons why that is so.
If Barclaycard had bags of cash to spend on expensive solicitors, they would be able to prove the debt was yours by fighting it out in court, but it would cost them a fortune to defend every case, which is why they accept the loss instead of fighting it.
See what @fatbelly thinks of it.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Cheers my address details and interest are diffent in documents 1 and 2 does this have any impact?sourcrates said:Copy agreements don`t need to be signed, or display a signature box.
It`s a standard recon agreement, Barclaycard are churning out a few of those right now, all identical except for the debtor info.
You have to keep in mind that only a court can decide, one way or another, if an agreement is compliant or not.
To me, it looks like a standard recon, name/address/T`s&C`s/interest rate/right to cancel, only thing missing is credit limit, and that`s the same across the board.
When you get told an agreement does not comply with legislation, there can be many reasons why that is so.
If Barclaycard had bags of cash to spend on expensive solicitors, they would be able to prove the debt was yours by fighting it out in court, but it would cost them a fortune to defend every case, which is why they accept the loss instead of fighting it.
See what @fatbelly thinks of it.I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.0 -
The address details should have been correct for the time you took out the agreement. If so, then what you have could be enforceable.
Equally if you talked to a CCA specialist solicitor (there are a few of them) there could still be some holes.
Sorry I can't be definitive.0 -
Image 2 or image 3?fatbelly said:The address details should have been correct for the time you took out the agreement. If so, then what you have could be enforceable.
Equally if you talked to a CCA specialist solicitor (there are a few of them) there could still be some holes.
Sorry I can't be definitive.I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.0 -
Not really, your clutching at straws to be honest.Sly72 said:
Cheers my address details and interest are diffent in documents 1 and 2 does this have any impact?sourcrates said:Copy agreements don`t need to be signed, or display a signature box.
It`s a standard recon agreement, Barclaycard are churning out a few of those right now, all identical except for the debtor info.
You have to keep in mind that only a court can decide, one way or another, if an agreement is compliant or not.
To me, it looks like a standard recon, name/address/T`s&C`s/interest rate/right to cancel, only thing missing is credit limit, and that`s the same across the board.
When you get told an agreement does not comply with legislation, there can be many reasons why that is so.
If Barclaycard had bags of cash to spend on expensive solicitors, they would be able to prove the debt was yours by fighting it out in court, but it would cost them a fortune to defend every case, which is why they accept the loss instead of fighting it.
See what @fatbelly thinks of it.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks so a simular post back in 2021 is cca request fulfilled and debt is enforceable now? — MoneySavingExpert Forum different information was advised can you confirm if things have changedsourcrates said:
Not really, your clutching at straws to be honest.Sly72 said:
Cheers my address details and interest are diffent in documents 1 and 2 does this have any impact?sourcrates said:Copy agreements don`t need to be signed, or display a signature box.
It`s a standard recon agreement, Barclaycard are churning out a few of those right now, all identical except for the debtor info.
You have to keep in mind that only a court can decide, one way or another, if an agreement is compliant or not.
To me, it looks like a standard recon, name/address/T`s&C`s/interest rate/right to cancel, only thing missing is credit limit, and that`s the same across the board.
When you get told an agreement does not comply with legislation, there can be many reasons why that is so.
If Barclaycard had bags of cash to spend on expensive solicitors, they would be able to prove the debt was yours by fighting it out in court, but it would cost them a fortune to defend every case, which is why they accept the loss instead of fighting it.
See what @fatbelly thinks of it.
@fatbelly
sourcrates.I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.0 -
personally i would ignore them and not pay anything until they send a 30 day letter for court claim, especially as they are saying it is unenforceable.0
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That would also be my position. If they choose to start court process that would be the time to seek out specialist adviceDjangoUnchained said:personally i would ignore them and not pay anything until they send a 30 day letter for court claim, especially as they are saying it is unenforceable.0 -
Thanks so a simular post back in 2021 is cca request fulfilled and debt is enforceable now? — MoneySavingExpert Forum different information was advised can you confirm if things have changedfatbelly said:
That would also be my position. If they choose to start court process that would be the time to seek out specialist adviceDjangoUnchained said:personally i would ignore them and not pay anything until they send a 30 day letter for court claim, especially as they are saying it is unenforceable.
I have Dyslexia which is a learning difficulty that primarily affects the skills involved in accurate and fluent word reading and spelling so some post may not make sense.0
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