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Barclaycard Reconstituted CCA

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  • Sly72
    Sly72 Posts: 207 Forumite
    Third Anniversary 100 Posts Name Dropper
    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.
    All the info supllied has a copy of a letter from Barclay card who have supllied the info to PRA, note that someone in the know, may not be up to date.
    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
    Sly72 Posts: 207 Forumite
    Third Anniversary 100 Posts Name Dropper
    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
    Do they have to suplly statements from day 1 ( Date account Opened ) can anyone advise?
    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.
  • stu12345_2
    stu12345_2 Posts: 1,576 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I think they have to supply A statement, but not sure how detailed, some of my creditors stated further details of all transactions are available on request when they only gave me 12 months worth.

    but the point is the agreement and a statement must be produced 
    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
  • Sly72 said:
    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.
    All the info supllied has a copy of a letter from Barclay card who have supllied the info to PRA, note that someone in the know, may not be up to date.
    think you were unlucky. ive been told that part of the agreement barclaycard has with PRA and other companies  is that when they sell the debt on (literally between 5-10%) of face value, is that they wont be bothered afterwards for supplying further paperwork.
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 26 July 2024 at 11:13AM
    This is the wording of section 77 CCA:

    (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer:

    a)the total sum paid under the agreement by the debtor;

    (b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

    (c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.


    (2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

    So it depends what information they have available, they can provide what they have, and as long as they provide something, they still comply with sec 77(c) as long as they give the reasons why any missing information can`t be supplied.

    They could if they wished, hire an expensive solicitor, and argue each point in court at great expense to the debtor, the reason they don`t do this is because of the cost, and the sheer number of clients that would emerge.

    Its cheaper all round to just admit defeat and move on.

    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
  • Thank you so much for your response. I’m really hoping they find nothing or just go away for the next 6 years 😂
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