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  • CCA response

    Hi
    I have received a response for my CCA request made a year ago. DCA has sent copy from Barclays which consists of ; Short term cancellation, and historic terms & conditions.
    (its for a egg cc which was defaulted long time ago, but not statue barred)
    Also a copy of electronic statement of closing balance. I assume this is not correct documentation for a CCA request.
    Can they just send these documents and say enclosed requested documents and ask for payment in the absence of alternative dispute.
    What do I reply? Is there a template for this.
    Thank you in advance.

  • #2
    send a copy of agreement to not redacted as it is:- webmaster@all-about-debt.com
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      They can keep asking as much as they want - doesn't mean they will get anywhere.

      Niddy will look but what you should receive is

      A copy or a reconstituted copy of the credit agreement
      The terms and conditions when you took the card out
      The terms and conditions when you defaulted
      A statement of account - but at this point it could just be a letter saying your current balance is x

      Something that often catches them out is where there is reference on an agreement to term x and then when you look for term x it isn't there or is something totally different . On a Provident loan I had it said see clause 15 overleaf and there was nothing with clause 15

      Another one that helped me was the terms and conditions said default charges were 20 but they kindly sent me a full statement of account showing charges of 12 - so either there had been an amendment or the original agreement was a mock up.

      Hope that helps

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      • #4

        Thank you Warwick65.
        They have only sent terms & conditions, and a closing balance. But No copy of credit agreement.
        May be I will reply saying " "
        The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974.
        That should put them on hold of sending more letters.

        Thank you

        Comment


        • #5
          Don't reply with anything yet, just wait and see what comes next, while they have not complied fully with your CCA request it is unenforcable, you don't want to tell them what they haven't done. is this your only debt?

          could you give us a few more details of this account please,
          Who was original account with
          when account opened loan/ credit card
          when was last full payment
          is the account defaulted/ when
          balance on account
          who is the DCA chasing you

          sorry for all the questions but it helps us get a better picture of what is happening,
          Maybe have a look at some of the Unenforceability Diarys to give you an idea of why we ask

          NW
          Last edited by nightwatch; 25th August 2018, 09:19.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            never tell them facts, they have a problem then it is their problem not yours, never do their job for them!
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Originally posted by cas04 View Post
              I have received a response for my CCA request made a year ago. DCA has sent copy from Barclays which consists of ; Short term cancellation, and historic terms & conditions.
              (its for a egg cc which was defaulted long time ago, but not statue barred)
              Also a copy of electronic statement of closing balance. I assume this is not correct documentation for a CCA request.
              You say this account began as an Egg credit card so any document produced claiming to be the credit agreement and the Terms & Conditions must be clearly identified as Egg documentation.

              Barclaycard bought the Egg credit card business in May 2011, and in my experience struggle to produce the necessary paperwork. They sometimes send a reconstituted Barclaycard "credit agreement" which is headed Barclays.

              You also need to check the address on any paperwork (if it's showing) to see if that was where you were living at the time. And check the edition date of the Ts & Cs (possibly on the bottom right of each page).

              It's likely your Egg application was made online and if that was before 2005 a 'tick box' signature may pass the test. When was the account opened?

              As you say this account was defaulted a long time ago it's possible that it's been assigned (i.e. sold) to a debt purchaser such as Hoist Portfolio or PRA, so who is the DCA you're dealing with now who has taken a year to source these documents? It helps to know the business you're dealing with because they all behave in different ways.

              Also how much is the debt because that can sometimes give an indication of how determined the debt owner may be to pursue you.

              Finally (for now) s 77 - 79 CCA is for 'information' purposes not 'proof' purposes, so a debt owner can send you 'something' in order to satisfy your CCA Request, but whether that 'something' complies with other sections of the Consumer Credit Act is another matter.

              For example in the case of Santander v Mayhew (me ) the case was won despite the DJ ruling that s 78 had been complied with. You can see what I mean in Paragraph 14 of my Judgment here > http://www.bailii.org/ew/cases/Misc/2012/14.html

              Barclaycard weren't always very good at issuing Default Notices which complied with s 87 (i) CCA. Do you recall being served with a DN and if so was it issued by Barclaycard or Mercers on their behalf?

              Di
              Last edited by Diana Mayhew; 25th August 2018, 14:25.
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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