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Interesting I found out the following from Lowell’s FAQs:
If the original agreement can’t be obtained a ‘reconstituted’, or ‘true copy’ of your agreement can be sent. This is a copy of the original credit agreement that has been recreated from the information that your original creditor held about your account.
This should include:
- what your original agreement was, and if there were any changes made to it later
- your name and address at the time you signed the agreement, but it doesn't have to include your signature, or the date you signed it
- the statements about your rights that were in the agreement you signed
The point I’m making here is on the wrong home address, when I signed up to the Barclays credit card good few years ago I was at a different address and not in my current address. And this reconstituted agreement have the current address.0 -
GoodGuy2024 said:Interesting I found out the following from Lowell’s FAQs:
If the original agreement can’t be obtained a ‘reconstituted’, or ‘true copy’ of your agreement can be sent. This is a copy of the original credit agreement that has been recreated from the information that your original creditor held about your account.
This should include:
- what your original agreement was, and if there were any changes made to it later
- your name and address at the time you signed the agreement, but it doesn't have to include your signature, or the date you signed it
- the statements about your rights that were in the agreement you signed
The point I’m making here is on the wrong home address, when I signed up to the Barclays credit card good few years ago I was at a different address and not in my current address. And this reconstituted agreement have the current address.
Barclaycard with a reconstituted agreement but my current address. Not the address from when I took the card out.0 -
You can argue about incorrect address all you like, in the end only a court can decide whether it complies with the law or not, recon agreements have always been acceptable, if you are willing to go to court and tell them you are not paying based on the address being wrong, then go ahead.
Of course the idea is to use such information as a bluff, introduce elements of doubt to make them think twice about chasing you, you can take this as far as it goes, but if it ever got to court, and you relied on that as a defence, you might want to consider a good solicitor lol.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 -
sourcrates said:You can argue about incorrect address all you like, in the end only a court can decide whether it complies with the law or not, recon agreements have always been acceptable, if you are willing to go to court and tell them you are not paying based on the address being wrong, then go ahead.
Of course the idea is to use such information as a bluff, introduce elements of doubt to make them think twice about chasing you, you can take this as far as it goes, but if it ever got to court, and you relied on that as a defence, you might want to consider a good solicitor lol.
thanks, useful. I pointed this to them in an email highlighting this error to them,,they just need to rectify this error. My intention is to start paying them, who needs the headache of solicitors and court shenanigans.0
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