Barclaycard / PRA

danski39

Thank you Sourcrates. Could you tell me what exactly should be in a reconstituted CCA? While I understand they don’t need to produce a signed agreement as they’re  may not have been one - they cannot surely send generic  terms and conditions and call that an agreement?

They (Barclaycard) wrote;

I enclose a reconstituted copy of your credit agreement together with a copy of the terms of your credit agreement as varied in accordance with section 82\(1\) of the Act. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into this agreement. However, the interest 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.

Unless I am missing something there’s nothing that looks like an actual credit agreement.And they are saying here  are the terms etc but they all might have changed due to ‘current status of my account’. But also how can Barclaycard whose customer I am no longer comment on the current status of my account and how in fact can they write to me telling me I have to pay the amount in full now? Does nobody else find that improper in the extreme?

Is it okay to post off the board what they actually sent here as it is not personalised.?

 Many thanks again.

sourcrates

This is from Debt Camel:

You have to be sent a “true copy” of the agreement – this doesn’t have to be a photocopy of the original agreement.  It must be legible and it must include:

• your name and address when the account was opened;
• the creditor’s name and address when the account was opened;
• the terms and conditions of the account at that time, including the cost of credit (the Annual Percentage Rate), when you have to make payments and your cancellation rights; and
• any other documents that were mentioned in the Terms and Conditions.

It doesn’t have to have your signature on it. Indeed if you opened the account online you may well have signed it “digitally” and there is no document with your physical signature – this is perfectly legal.

If you aren’t sure what you have been sent is correct, you can ask National Debtline about it or you could post about it on the Legal Beagles forum.

fatbelly

And this is what the FCA says.

https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter

But only a court can rule one way or another.

I would not flag up to them that you did not send the statutory £1. That time has passed.

You are free to tell them that you will not be paying because you believe it is unenforceable, if you want

Equally you could make an offer to pay in instalments

Or offer a settlement

Up to you

danski39

fatbelly said:

And this is what the FCA says.

https://www.handbook.fca.org.uk/handbook/CONC/13/?view=chapter

But only a court can rule one way or another.

I would not flag up to them that you did not send the statutory £1. That time has passed.

You are free to tell them that you will not be paying because you believe it is unenforceable, if you want

Equally you could make an offer to pay in instalments

Or offer a settlement

Up to you

Thank you both for your helpful replies. I have written back and will update on the response as I guess it might be useful.

danski39

actually I do have one more question - apologies if v. basic - if prior to any agreement for a repayment plan or final settlement being confirmed - I  make an initial payment now against the arrears - it would not be a large amount - in order to a) chip away at the total and b) demonstrate that my intention is not simply to delay/avoid payment for the sake of it - would this be a positive step or could it complicate the process of securing a repayment plan/final settlement figure? Thanks again 

fatbelly

If your strategy is to repay the debt by instalments then there is no problem in starting that now.

If you intend to get a settlement deal then there is not much point in making a small payment

If you want to play hardball and say this is unenforceable, then don't pay.

Stevev99

As an aside, PRA Group and Barclaycard debts are absolute buggers when it comes to accepting discounted settlement offers, 5% max discount usually at best whereas the others usually accept 40% plus.

Rob5342

Stevev99 said:

As an aside, PRA Group and Barclaycard debts are absolute buggers when it comes to accepting discounted settlement offers, 5% max discount usually at best whereas the others usually accept 40% plus.

I have an unenforcable debt with them which I'm not paying, they spent 18 months sending me discount offers which eventually got up to 20% but now they seem to have given up completely. I think I'll take the 100% discount I already have.