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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.

    Comment


    • #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

      Comment


      • #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.

          Comment


          • #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

              Comment


              • #8
                Originally posted by nightwatch View Post
                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
                Hi nightwatch,
                Sorry for the late reply.
                Original account was for Egg credit card, opened before 2003. Account should have defaulted around 2006, so full payment was last made in 2006.
                But then I consolidated all debts and paid monthly till 2015 through debt management company. .When payment stopped Barclays started to write letters asking for payments.
                (Debt 3900.00.according to resent letters)
                So I sent them with a CCA request in 2016 for which they replied they cannot provide it at the moment & my accounts on hold.
                Then Barclays have given it to RobinsonWay debt collectors who are pursuing it now. (as far as I know they haven't sold the debt yet)
                As I have mentioned in the first post, they sent T&cs etc, and said ' we will ask for payment in the absence of further dispute'.
                As I haven't replied to that letter yet, they have started calling and sending texts asking me to call.

                Thank you

                Comment


                • #9
                  Hi
                  If the phone calls and letters are manageable i.e do not cause you unmanageable stress or inconvenience I would just ignore them for now. If it gets a bit heavy and you want to stop them, then send a letter but that can be advised later.

                  RW did once send a collector to my door and he was quite nice and said to write to them saying their was a dispute- never heard from them again . That was a low value debt of under 200 so I guess they thought they could persuade me to pay small amounts- how wrong they were

                  Comment


                  • #10
                    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

                    I can see that you got a response to your s 77-79 CCA Request in August this year. Have you asked Niddy to give you an opinion of whether it appears to be enforceable or unenforceable?

                    Di
                    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

                    Comment


                    • #11
                      Originally posted by Diana Mayhew View Post

                      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
                      Hi

                      They only sent T&Cs and an electronic statement. Also Barclaycard letter to hoist says 'We have enclosed 1) Short form cancellation, 2) Historic T&Cs .
                      So I believe that's what they have sent me too.
                      There is no address (mine) in the documents sent.
                      Account was definitely opened before 2005.
                      Debt= 3900.00

                      Thank you

                      Comment


                      • #12
                        Originally posted by Diana Mayhew View Post


                        I can see that you got a response to your s 77-79 CCA Request in August this year. Have you asked Niddy to give you an opinion of whether it appears to be enforceable or unenforceable?

                        Di
                        Sorry, who's Niddy. How do I do that

                        Comment


                        • #13
                          Originally posted by cas04 View Post

                          Sorry, who's Niddy. How do I do that
                          Niddy is Never-In-Doubt the Site Administrator.

                          Send a copy of the Unredacted CCA to Him with a link back to your Diary
                          webmaster@all-about-debt.co.uk
                          nobody else sees this! Niddy will tell you whether it is UE or Not



                          Comment


                          • #14
                            Originally posted by Roger View Post
                            Niddy is Never-In-Doubt the Site Administrator.

                            Send a copy of the Unredacted CCA to Him with a link back to your Diary
                            webmaster@all-about-debt.co.uk
                            nobody else sees this! Niddy will tell you whether it is UE or Not


                            Thank you Roger.
                            Have emailed.

                            Thanks

                            Comment


                            • #15
                              Originally posted by cas04 View Post
                              They only sent T&Cs and an electronic statement. Also Barclaycard letter to hoist says 'We have enclosed 1) Short form cancellation, 2) Historic T&Cs .
                              So I believe that's what they have sent me too.
                              There is no address (mine) in the documents sent.
                              Account was definitely opened before 2005.
                              Debt= 3900.00

                              Can you just clarify if this Barclaycard (ex-Egg) has now been assigned to Hoist Portfolio?

                              Have/did you receive a Notice of Assignment and if so when was that?

                              Robinson Way are the DCA for Hoist.

                              I think your CCA Request was sent to Barclaycard not Hoist, or have I misunderstood the situation?

                              (I can't see the full history all in one place on your thread.)

                              Di
                              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

                              Comment

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