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  • Barclaycard - CCA Letter Request - Satisfied?

    Hello - was recommended to check this site out.

    Whilst I am currently asking Apex/Cabot for a CCA request, I rummaged and remembered that on my Barclaycard I asked one from them in March 2012. I forgot totally about it and I don't think they've found a signed copy.... just need to check your thoughts on this.

    Their letter from Judith at Barclaycard Customer Services says back in March 2012 (condensed the main points she says):

    "Reference: Section 38 of the Consumer Credit Act 1974

    I refer
    to your request for information.

    ......

    I enclose a reconstituted copy of your credit agreeent and a copy of the terms of your credit agreement as varied in accordance with csection 82 (1) of the act.............

    I am fully satisfied that the sum outstanding by you remains legally due and payable.........

    This completed our obligations under Section 78 of the act.

    Yours sincerely......
    "

    Now on the scanned image, please see link below, the date of the copy of the original (so-called) is 26/06/2007. There is NO SIGNATURE of mine on there at all - no mention of my name at all. She's attached a Barclaycard cancellation document which is also unsigned but it has my name and address at the top (blanked out for obvious reasons).

    They also sent an updated blank T & C's document which mentions nothing about me or a Barclaycard reference or anything at all. Surely none of this would stand up?

    Have they really got it right, have they complied? Why is there no signature then? Does this mean I owe them anything?

    Thanks for your help!

    Scanned CCA attached:
    Attached Files
    Last edited by Flowerpower; 3 October 2012, 16:07. Reason: removed imageshack links - not needed

  • #2
    Re: Barclaycard - CCA Letter Request - Satisfied?

    Except for a blank copy of the up to date terms and conditions, with no information about me whatsoever, that's it (plus the covering letter).

    The only thing they had with my name and address on it was the scanning of the cancellation agreement which I've blanked out at the top.

    The debt has been passed over to Mercers. They at a drop of a hat have been happy to settle this for a 40% discount in a full and final settlement.

    But if they can't provide the CCA proof, what are my options?

    The date says June 2007 but it would have been just before, I'm sure.

    Comment


    • #3
      Re: Barclaycard - CCA Letter Request - Satisfied?

      Originally posted by frazier View Post
      Except for a blank copy of the up to date terms and conditions, with no information about me whatsoever, that's it (plus the covering letter).

      The only thing they had with my name and address on it was the scanning of the cancellation agreement which I've blanked out at the top.

      The debt has been passed over to Mercers. They at a drop of a hat have been happy to settle this for a 40% discount in a full and final settlement.

      But if they can't provide the CCA proof, what are my options?

      The date says June 2007 but it would have been just before, I'm sure.
      Hi, welcome aboard!

      I think Mercers are Barclays in-house debt recovery department.
      The fact they have offered 40% discount would suggest they know they dont have an enforceable agreement.

      General concensious is no CCA = No payment!
      When Gold isn't enough, there is SA Gold! New to the forum and find the UE route a bit scary? Take a look at my diary here and judge for yourself. I am now saving the money each month that was making little difference to the balance and not a bit of difference to my credit file as a result of finding AAD.



      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


      • #4
        Re: Barclaycard - CCA Letter Request - Satisfied?

        Is this enforceable?

        Comment


        • #5
          Re: Barclaycard - CCA Letter Request - Satisfied?

          Of course it's not enforceable - where's the bloody agreement?
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #6
            Re: Barclaycard - CCA Letter Request - Satisfied?

            Originally posted by frazier View Post
            Except for a blank copy of the up to date terms and conditions, with no information about me whatsoever, that's it (plus the covering letter).

            The only thing they had with my name and address on it was the scanning of the cancellation agreement which I've blanked out at the top.

            The debt has been passed over to Mercers. They at a drop of a hat have been happy to settle this for a 40% discount in a full and final settlement.

            But if they can't provide the CCA proof, what are my options?

            The date says June 2007 but it would have been just before, I'm sure.
            Before April 6th 2007, I wonder?

            Which would explain why they are fobbing you off with just Terms and Conditions and not revealing the signature document.

            Originally posted by frazier View Post
            They at a drop of a hat have been happy to settle this for a 40% discount in a full and final settlement.
            Which is an extremely obvious way of saying that they know they're stuffed. I think in the end they'll have to settle for a 40%+60% discount.

            SH

            Comment


            • #7
              Re: Barclaycard - CCA Letter Request - Satisfied?

              Shall I do another CCA now, just to be sure?

              I dont remember back that far but can Barclaycard be ordered online without a signature? Does that happen?

              I'm still making payments to them at the moment via Payplan @ £5 per month.

              They (Mercers) offered to settle for 40% discount. Is that what they usually try it on?

              Shall I just stop paying them and tell Payplan to take them off?

              Comment


              • #8
                Re: Barclaycard - CCA Letter Request - Satisfied?

                Send off and get a new cca for each debt you have.
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Barclaycard - CCA Letter Request - Satisfied?

                  The other two are ones which last month Lloyds sold CC and Loan to Cabot/Apex.

                  Sent them CCA requests today. Doubt because they bought the debt they will produce anything? These were from 2007/08 period.

                  Lloyds never told me they have sold the debt. I have had nothing from Cabot/Apex yet.

                  I'll post online their responses - has anyone seen a similar situation where Lloyds have sold debt to them - what happens next and is it usually easy to prove unenforcement?

                  Comment


                  • #10
                    Re: Barclaycard - CCA Letter Request - Satisfied?

                    For Apex/Cabot after CCA request is an account sold letter appropriate?

                    Comment


                    • #11
                      Re: Barclaycard - CCA Letter Request - Satisfied?

                      The start date according to Equifax of the Credit Card is 28/03/2007

                      If the CCA produces the inevitable, trust unenforceable?

                      Comment


                      • #12
                        Re: Barclaycard - CCA Letter Request - Satisfied?

                        Because of the date being before April 2007, am I potentially okay with the credit card?

                        Comment


                        • #13
                          Re: Barclaycard - CCA Letter Request - Satisfied?

                          I would assume nothing until you get responses back and can get feedback here on what they say.

                          May also be an idea to detail each account and responses in a separate thread? Otherwise it gets confusing.
                          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


                          • #14
                            Re: Barclaycard - CCA Letter Request - Satisfied?

                            Before you decide to go the UE route , if your credit history is good do you want to trash it???

                            If your history is already bad, I say stick it to them!!!!

                            Comment


                            • #15
                              Re: Barclaycard - CCA Letter Request - Satisfied?

                              Originally posted by Flowerpower
                              The fact that the OP is dealing with DCAs/debt purchasers like Apex/Cabot, and getting discount offers from in-house Barcraps collectors Mercers, would suggest his credit history may have already been trashed!

                              True but you never know

                              Comment

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