Cca Requests Updates Please

sleep_well

Hi, I have been sending letters to Barclaycard for nearly half a year now and all I have recieved are T+C's. The last letter however contained something else.

/i108.photobucket.com/albums/n29/vendetta21_2006/120809page8.jpg

/i108.photobucket.com/albums/n29/vendetta21_2006/120809page7.jpg
(add http to the start of each link)

It looks kinda like a cca but without my signature and has a cancellation box in the corner?
As I have now exhausted all ways to try and get my CCA from them, section 77/78 and cpr 31.16. I still have yet to receive a copy. All they state in their letters now is that they are under no legal obligation to provide any further documentation tome.

Any advice would be great!

leanne82duke

GeorgeUK wrote: »

Leanne, you are not required to provide them with any further information. If they don't know for sure that the debt is yours, they shouldn't have given you the details of the debt. Have they put this on your credit file?

Under the CCA74, you made a request for the credit agreement. They have 12+2 working days to comply with the request. If they fail to do so the debt becomes unenforcable. I would write the 12+2 day and if they try to pursue you for payment, report them to OFT and Trading Standards.

thank you george
i did eventually find what i was looking for on the cca 1974 i like to set straight in my own head what i am doing before i action something if that makes sense?

so appologies for what might seem like multiple postings x

thank you very much for all your help

and no last time i checked there was no mention of it on my credit file

p.s is the 12+2 just 14 working days?

GeorgeUK

Leanne, yes 14 working days. The legislation states 12 working days, but we add 2 on for postage. The important thing is that you are clear on what is being said, so no need for apologies.

Sleepwell, I have no experience of the cpr 31.16 request so can't comment on that, but i have heard of it. The only way i know of to see exactly what they do have is to make a subject access request (SAR - cost £10). Under the Data Protection Act, you are entitled to a copy of all information they hold on you. This will include a note of all transactions so you can reclaim unlawful charges if there are any and they must also send you a copy of the original signed documntation. I can't even tell if they have sent you a reproduction - is the document they sent you legible? I can't read it from the links you posted.

BlueJeans_2

Morning All

I wonder if somebody could take a quick look at the letter I rec'ed this morning from Skycard.

I rec'ed this letter along with all my statements and the docs that they 1st sent me after I requested CCA.

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard26thSeptPg1.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Sky26thSept-1.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=002.jpg

Hope the links work ok as Photobucket isn't my strong point:o.

Here is the links for the docs already sent to me and were included with the above letter.

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard2.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard3.jpg

http://s847.photobucket.com/albums/ab39/xxxBlueJeansxxx/?action=view&current=Skycard4.jpg

My gut feeling is telling me that this is enforceable but I would be grateful if someone with more knowledge could have a look.

Any help would be greatly appreciated as ever.

TIA

Blue

natters_2

Hi all - I'm 99% certain that this is unenforcable -but before I start quoting legalities or writing letters - I am just checking with all of you lovely people

CCA request sent 16/3/09, 12 +2 sent 20/4/09

5th August I recieve a copy of the application form and a T&C form referring to PPI -I also recieve 2 "representation" letters for assignment from OC and hi give us your money letter from cabot.

This is my CCA (apparently) I certainly can't read all of it - what about you?

BlueIsTheColour

Natters, I dont know anything about compliance am afraid but think you need to resize your pic you have uploaded cos its made the thread massive...

Am sure someone will be along soon who knows their stuff

natters_2

BlueIsTheColour wrote: »

Natters, I dont know anything about compliance am afraid but think you need to resize your pic you have uploaded cos its made the thread massive...

Am sure someone will be along soon who knows their stuff

oops - it was a bit big wasn't it!

GeorgeUK

Natters, i can't read all of that either. Maybe if you make it bigger...

A properly executed copy of a CCA must be clearly legible - this is not clearly legible and is not a CCA.
The only thing missing though is the credit limit, the APR, the repayment agreement and the monthly interest rate.

An application for is not a credit agreement if it doesn't have all the required prescribed terms and is in the prescribed form.

I think the 12+2 day letter is the next step.

Note - i was saying i couldn't read it when it was still at the massive scale.
I think the 2 section on the left are payment protection and a card insurance plan. No details of the actual account have been provided.

gargrave50

stapeley wrote: »

YES , if it complies with all the terms laid out in the CC ACT . What ever these companies say about supplying terms and conditions that were current at the time , if they do not hold a copy with your signature , they should not be able to enforce the debt . If they tried to take it to court they would need to produce the original signed agreement . And my experience is that very few companies will still have these . What they may have is copies of application forms and in some cases very poor copies of agreements that have been put on microfilm and are not able to scan or reprint very well . These would not be good enough for the courts.

Hi all,

I'm now incredibly confused. Received a letter from Lowells (who were chasing this one for Shop Direct) this morning reading as follows:

"We refer to your recent request for a copy of the original credit agreement for this account. After liaising with Shop Direct in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Shop Direct".

So - despite what looks like them sending me a new CCA when they changed the account numbers over in 2008 (and me signing it like a muppet:mad: - I'm just so damned agreeable when I can afford my bills:rotfl::rotfl::rotfl:) - they are now saying it is no longer available..................confused.:o

GeorgeUK

:shhh::shhh: Don't remind them.

They are saying that the original agreement isn't available and are closing their file on this. I take it you aren't paying them?

This is good news. The debt may be passed on to someone else but until then, count the days until it's statute barred.