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Barclaycard Reconstituted CCA

So, I’m in a DMP and with help of forums like this I have made affordability complaints and reduced my debt from £70k to £38k in 10 months. I did have it lower than this because I have a £13k credit card debt with Barclaycard which they have defaulted and sold to PRA. I took the card out in 2004 and asked for a copy of my CCA. They couldn’t find it and then from nowhere they present with a reconstituted agreement. The agreement isn’t signed and the original would definitely have been because it pre dates online banking and digital signatures. The version provided contains my name and address but only my current address and not the address I was at 20 years ago when I applied for the credit card. I have responded to PRA to say it’s not valid but I find it insane that they can just type something up (clearly not using records they have from that time) and present it as a 20 year old doc. Does anyone have any advice here?

In fact, it contains the wrong name too - my married name is on it and not my maiden name! Poor attempt on Barclays part.
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Comments

  • Brie
    Brie Posts: 13,422 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I think my answers still apply from your previous post.

    Reconstituted CCA Barclaycard — MoneySavingExpert Forum

    I would start picking it apart one issue at a time. 
    1. It doesn't have my correct name on it.  (don't give them any clues about what your name was)
    2. It doesn't have the correct address on it.  (again as above, no clues)
    3. It doesn't have my signature on it.
    Let them see if they can get past any of this and then mention that it might be statute barred if you haven't admitted already to Bcard that you owe the money.
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  • sourcrates
    sourcrates Posts: 30,574 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 24 July 2024 at 5:31PM
    First off there is no requirement for a copy agreement to bear a signature, unsigned is perfectly acceptable.

    Secondly, you say one thing, they say another, if they were to take legal action against you, then you would have to argue those points in court, or initially in your defence to the claim.

    You can write back and challenge them on the name and address discrepancies, but these things are all a gamble as to who can bluff the longest and who is the first to break.
    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-letter
  • Sly72
    Sly72 Posts: 200 Forumite
    100 Posts Second Anniversary Name Dropper
    edited 24 July 2024 at 6:57PM
    PRA are on the ball with this, as most debts are from Barclaycard supect they have something inplace. My advise is start to make a paymentt, use the website to do this and offer what you can afford, they seem to accept it.

    when was your last payment to Barclaycard, is it defaulted are you paying anyting now?
    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.
  • Sly72 said:
    PRA are on the ball with this, as most debts are from Barclaycard supect they have something inplace. My advise is start to make a paymentt, use the website to do this and offer what you can afford, they seem to accept it.

    when was your last payment to Barclaycard, is it defaulted are you paying anyting now?
    Not sure i agree with that. having had a bcard debt sold to PRA.  I asked for the CCA, they supplied a bundle of papers, i simply wrote back saying that was inadequate ( i dont know whether it was or not) they said they were waiting for details from Bcard. They never came and i told them eventually it was statute barred, which they acknowledged, in writing.  Having spoken to someone in the know, it seems that barclaycard never pass CCAs on to pra, its part of their agreement with them.
  • stu12345_2
    stu12345_2 Posts: 1,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 25 July 2024 at 11:16AM
    pra produced mines, a Barclaycard debt , it was 11 years old since I opened it.

    they never gave me a statement, which they have to provide as well as the ccca.
    they gave me £50 compensation, then provided a statement as well
    Christians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )

    https://capuk.org/contact-us
  • I was paying Barclaycard until October when I went into a DMP. They marked account as defaulted and sold to PRA.

    how do you know when it’s statute barred. I was paying PRA through my DMP but out the debt on hold when PRA couldn’t initially provide the CCA and confirmed the debt was unenforceable. It’s £13k debt so worth them pursuing. I moved out of the address I was at when I took out the card in 2006 so they would have to go back 18 years to find any record of my details back then hence why I thought they wouldn’t come up with an agreement.

    when you say they have to send a statement, what statement would this be? A current statement or an old one from 2004 when I opened the account? 
  • Sly72 said:
    PRA are on the ball with this, as most debts are from Barclaycard supect they have something inplace. My advise is start to make a paymentt, use the website to do this and offer what you can afford, they seem to accept it.

    when was your last payment to Barclaycard, is it defaulted are you paying anyting now?
    Not sure i agree with that. having had a bcard debt sold to PRA.  I asked for the CCA, they supplied a bundle of papers, i simply wrote back saying that was inadequate ( i dont know whether it was or not) they said they were waiting for details from Bcard. They never came and i told them eventually it was statute barred, which they acknowledged, in writing.  Having spoken to someone in the know, it seems that barclaycard never pass CCAs on to pra, its part of their agreement with them.
    Sly72 said:
    PRA are on the ball with this, as most debts are from Barclaycard supect they have something inplace. My advise is start to make a paymentt, use the website to do this and offer what you can afford, they seem to accept it.

    when was your last payment to Barclaycard, is it defaulted are you paying anyting now?
    Not sure i agree with that. having had a bcard debt sold to PRA.  I asked for the CCA, they supplied a bundle of papers, i simply wrote back saying that was inadequate ( i dont know whether it was or not) they said they were waiting for details from Bcard. They never came and i told them eventually it was statute barred, which they acknowledged, in writing.  Having spoken to someone in the know, it seems that barclaycard never pass CCAs on to pra, its part of their agreement with them.
    Sly72 said:
    PRA are on the ball with this, as most debts are from Barclaycard supect they have something inplace. My advise is start to make a paymentt, use the website to do this and offer what you can afford, they seem to accept it.

    when was your last payment to Barclaycard, is it defaulted are you paying anyting now?
    Not sure i agree with that. having had a bcard debt sold to PRA.  I asked for the CCA, they supplied a bundle of papers, i simply wrote back saying that was inadequate ( i dont know whether it was or not) they said they were waiting for details from Bcard. They never came and i told them eventually it was statute barred, which they acknowledged, in writing.  Having spoken to someone in the know, it seems that barclaycard never pass CCAs on to pra, its part of their agreement with them.
    When was this?
  • stu12345_2
    stu12345_2 Posts: 1,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 25 July 2024 at 1:29PM
    the statement they sent was from when pra took over the debt 2021, I said you have to produce one from day one, back to 2013 when I opened the credit card, which they then did for me

    oh yes I mean I got the £50 compensation not cos of the lack of a full statement, but because when they sent me the ccca and their statement , they never said the debt was now enforceable, which they are required to state

    they simply stated dear sir here are the documents you asked for
    Christians Against Poverty solved my debt problem, when all other debt charities failed. Give them a call !! ( You don't have to be a Christian ! )

    https://capuk.org/contact-us
  • Debt free journey24, PRA bought my barclaycard debt in 2017, i never paid them, ignored all there phone calls and letters to get in touch, just requested the CCA. by the end of 2023 it was statute barred, i wrote to tell thm this and they wrote back and acknowledged it, havnt been bothered by them since.
  • Rob5342
    Rob5342 Posts: 2,128 Forumite
    1,000 Posts Second Anniversary Name Dropper
    They weren't able to produce my Barclaycard CCA. Quite amusingly when they wrote to me saying they couldn't currently produce it they also enclosed a copy of a letter from Barclaycard to them saying that due to the age of the account they wouldn't br abke to provide it. 
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