To send a CCA or not

[Summerbee64]

Hello all,

Looking for a little help… details below


Original debt - Barclaycard

Current owner - PRA

Date opened - 29/07/2011

Default date - 29/10/2016

Last payment - 15/11/2022

Defaulted amount - £13,700

Current amount - £10,505


The default has now dropped off my credit report from all 3 credit agencies. I have agreed a £50 per month payment per month that PRA are fine with for now and have had no issues so far. They’ve owned the debt for 3 years. I was in a payment plan with barclaycard for 1 year after default and they then sold it to PRA.

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.


I am just worried about whether sending this makes it more likely for them to try and get a ccj if they are able to find the copy of the agreement. And then with that agreement aren’t happy with my payment of £50. I know it’s a bit of a guess game but just wondering whether this will make them more likely to go for a ccj or whether they would just be happy with the £50 per month seen as though they paid pennies on the pound.

[Still Waving]

What you could do in the first instance is to send a Subject Access Request to Barclaycard. PRA would not know about that, and you could establish whether there is an agreement which PRA might be able to get hold of, and also get an opinion from the webmaster here as to whether the agreement (if there is one) is compliant with the Consumer Credit Act.

It should also be borne in mind that it is not just the credit agreement which determines whether a debt is enforceable. There are other things which have to be done properly by creditors.

[Roger]

What you could do in the first instance is to send a Subject Access Request to Barclaycard. PRA would not know about that, and you could establish whether there is an agreement which PRA might be able to get hold of, and also get an opinion from the webmaster here as to whether the agreement (if there is one) is compliant with the Consumer Credit Act.

It should also be borne in mind that it is not just the credit agreement which determines whether a debt is enforceable. There are other things which have to be done properly by creditors.

Completely Agree with Still Waving
There are a number of known issues with Barclaycard which may or may not be revelant.
Don't know what the fuller background to this Debt might be but does the name Mercers appear in correspondence?.
Also Does Aktiv Kapital ring any bells or figure in your paperwork?...

[Summerbee64]

Thank you both, very helpful!

I will request my information from barclaycard in the first instance and then see what information they hold on me. Before contacting PRA I will send across to the webmaster here. Thank you so much!

[Summerbee64]

Could I just double check, will requesting a SAR when it’s only just over 6 years old since default mean they potentially could find the agreement which may be ‘purged’ in line with their data retention record policy.

I only ask as I heard somewhere that barclaycard delete customers records six years after the relationship ends, and I making a reduced payment to barclaycard for 1 year after the default in a payment plan.

[Roger]

Could I just double check, will requesting a SAR when it’s only just over 6 years old since default mean they potentially could find the agreement which may be ‘purged’ in line with their data retention record policy.

I only ask as I heard somewhere that barclaycard delete customers records six years after the relationship ends, and I making a reduced payment to barclaycard for 1 year after the default in a payment plan.

The SAR is to find out what is in Barclaycard's records and therefor would be available to PRA. If anything is missing it won't be available to PRA.
There is more to UE than just the CCA.
PRA won't know about your SAR! Barclaycard have no reason to tell them!
The SAR should tell you what Barclaycard have retained or not of your records with them!
Knowledge is power and you are taking control of this debt!!

[Still Waving]

What it means is - if the SAR information which Barclays provide (and I would ask for it to be in hard copy, rather than digital) does include a credit agreement, you DO NOT send a CCA Request to PRA anytime soon. Instead sound out advice on your options on the forum.

[Summerbee64]

Thank you both so much for your help. I have requested the SAR for the barclaycard this morning and requested the information by post, so once received I will have a look through and then post again! Have a good day!!

[Summerbee103]

Hello,

Just to provide an update I sent my subject access request to barclaycard on the 28th November, they acknowledged this by email, received nothing and it’s beyond the 30 days so I called Barclays and they are chasing it for me but couldn’t tell me why there is a delay. I also emailed the Data officer email I found. I’m hoping they are having difficulties finding any data what a shame it would be if they deleted it by accident, ha! Will provide an update when I get the info in the post.

ps different username as locked out of my old email and couldn’t recover oops!

[Summerbee103]

Update * Barclays have finally completed the SAR, took almost 60 days, and the info is being sent by courier tomorrow, so I will look through what they have sent me and provide an update ?

[Summerbee103]

Hello all

I have received all the information Barclays have on me via the SAR from account opening. Just curious whether what they have sent would suffice if I was to go down the CCA route with PRA Group.

I have been sent barclaycard statements from account opening to when it was closed, they have included a default notice and a letter to inform me of the default. However they haven’t provided any information of the account being opened, no application or anything. Or even a welcome letter like they did do on all my saving accounts and current accounts. However the earliest statement does show the original credit limit of £1000 in July 2011.

just wanted to know if this indicates they don’t have the original details or whether this would still be enough for PRA to be able to reconstitute a CCA agreement. I can send any of the information I’ve received if this helps. Many thanks!

[The Tech Clerk]

DSAR does not have to have CCA enclosed, hence we ask for one later in proceedings save as to give them time to find one in a hurry., also separate request with a £1.00 postal order. only request one of advised on here.

[Still Waving]

DSAR does not have to have CCA enclosed, hence we ask for one later in proceedings save as to give them time to find one in a hurry., also separate request with a £1.00 postal order. only request one of advised on here.

How is this? If one asks for everything they hold, should that not include CCA, if they have one on file?

[Roger]

does the name Mercers appear in correspondence?.
Also Does Aktiv Kapital ring any bells or figure in the paperwork?.

[Sparkles]

How is this? If one asks for everything they hold, should that not include CCA, if they have one on file?

A reconstituted CCA is acceptable. Wouldn't it be a question of whether they held enough information to be able to reconstitute one if asked rather than whether they actually held the CCA itself?