To send a CCA or not

[The Tech Clerk]

Consumers should remember that should a creditor issue court proceedings against them, without first locating a signed document, they would have a defence to that action. Without a signed document the creditor will have to convince the court that on balance a document signed by the consumer containing the prescribed terms would have been produced at the time of execution. The onus is on them to prove this.

The copy agreement

CONC 13.1.4G01/07/2014RP good info:-

[Summerbee103]

Hello all and thank you for all of your advice and input so far, really appreciate it.

I’ve looked through all of the information sent from Barclays from the DSAR. There was no mention of Aktiv or Mercers, from the account defaulting to being sold to pra group there was absolutely no information.

There was no application of my opening of the barclaycard, the only information they provided was the first statement that would have been produced, which shows a purchase interest rate, credit limit, my name and address and their address.

they have provided evidence of a default notice and then a default too.

I don’t believe they will have an application with my signature because at the time of application I worked for Barclays Bank and applied over the telephone for a staff barclaycard with a discounted interest rate.

I have scanned some information they have provided on the default notice and the first statement with my information.

im just a bit of a loss now as to whether to ‘rock the boat’ with PRA, as the balance is just over £10k and drops off my credit report, if I was to request the CCA from them and they got this information from barclaycard, does this seem likely they could reconstitute the CCA?

interestingly; there was no record of the deed of assignment to pra group or any mention of the debt being sold to them (not sure if this would come up on a DSAR) just I thought it would. The account has been held with PRA since since June 2019, barclaycard sold it about a year or so after accepting my reduced payment plan for a while.

[Still Waving]

Consumers should remember that should a creditor issue court proceedings against them, without first locating a signed document, they would have a defence to that action. Without a signed document the creditor will have to convince the court that on balance a document signed by the consumer containing the prescribed terms would have been produced at the time of execution. The onus is on them to prove this.

The copy agreement

CONC 13.1.4G01/07/2014RP good info:-

"Well M'lud, it is inconceivable that my client would have allowed the defendant a line of credit without first having obtained a signed agreement to the T&Cs, as this would be against sound business practice and my client's own procedures, and my client is, after all, a Responsible Lender of many many years' experience." (signed Devil's advocate)

[Still Waving]

Hello all and thank you for all of your advice and input so far, really appreciate it.

I’ve looked through all of the information sent from Barclays from the DSAR. There was no mention of Aktiv or Mercers, from the account defaulting to being sold to pra group there was absolutely no information.

There was no application of my opening of the barclaycard, the only information they provided was the first statement that would have been produced, which shows a purchase interest rate, credit limit, my name and address and their address.

they have provided evidence of a default notice and then a default too.

I don’t believe they will have an application with my signature because at the time of application I worked for Barclays Bank and applied over the telephone for a staff barclaycard with a discounted interest rate.

I have scanned some information they have provided on the default notice and the first statement with my information.

im just a bit of a loss now as to whether to ‘rock the boat’ with PRA, as the balance is just over £10k and drops off my credit report, if I was to request the CCA from them and they got this information from barclaycard, does this seem likely they could reconstitute the CCA?

interestingly; there was no record of the deed of assignment to pra group or any mention of the debt being sold to them (not sure if this would come up on a DSAR) just I thought it would. The account has been held with PRA since since June 2019, barclaycard sold it about a year or so after accepting my reduced payment plan for a while.

You said in your first post "I am wondering whether to send a cca request and then stop paying and wait for the 6 years to elapse until it’s statute barred." That makes it sound easy, but things are generally not that straightforward.

There is a slight discrepancy between the dates in your first post and this latest, but the pertinent date is here - June 2019 when Barclays sold to PRA. Barclays would be required to retain the records for at least 6 years (possibly 6 years + one, depending on when in their financial year the final transaction occurred, ie sale of the debt). So you are looking at 2025 or 2026 when their records should be available to PRA.

As regards Barclays/PRA reconstituting an agreement, as The Tech Clerk pointed out, the onus of proof would be on them, but should it get to court it would then probably depend on the attitude of the judge in the case as to whether their statement was accepted.

PRA tend to be tenacious in chasing debts, but I couldn't second guess what they would attempt, but they will not quietly accept stopping of payments.

[Still Waving]

Further to my previous post - PRA will have bought this debt 'sight unseen', ie they wouldn't know whether or not there was a compliant agreement available if needed. This is the risk they take when paying only a fraction of the value of the debt. As to Barclays, having divested themselves of the debt, I cannot see them being interested in producing a reconstituted agreement for PRA (just my opinion).

[The Tech Clerk]

Date opened - 29/07/2011 you state on phone (employee account)? no signed "X" on paper? interesting.? if so then I can see them pursuing until last minute before discontinuing but as such an amount their effort would stretch to get you to panic and give in? just my thoughts.

[Roger]

If this was my Debt then armed now with that SAR and your back ground information then I would ask
Colin G Quinn
JRS. The first interview is free.
I would do this now and ask for their opinion refering back to your Diary! Tactics come into the equation!

[Summerbee103]

Thank you for all your help and advice. I will have a think and contact JRS to review what I have for before doing anything. Really appreciate all of the help and I will update this discussion when I have any update. Have a good day!