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Barclaycard - request for CCA and Terms and Conditions

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  • Barclaycard - request for CCA and Terms and Conditions

    Hi,

    A couple of months ago I received Pre- court action paperwork from Robinson Way. I requested a CCA and the relevant terms and conditions. I also requested an account statement.

    A couple of days ago I was sent the following paperwork ( attached) . Does the application counts a CCA? Does it matter that the dark areas are eligible? The date of the application was 1995 if it makes any difference.

    Are the terms and conditions sent enough?¬* There is no date on them so I have no way of knowing if they are the correct documents. Also could someone please explain the letter about the terms and conditions as I have no idea what it means.

    Any help would be greatly appreciated as I have no clue what I am doing despite spending hours trying to find my answers.

    Thank you ¬*
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  • #2
    Hi,¬*
    The app/agreement is not easily legible, and there seems to me that the " terms and conditions " may not be complete.
    Are there any " version" numbers on the T's & C's?
    Can you see if there are any further T's & C's mentioned in those documents (e.g. see xxx of terms 123) that do not appear anywhere in what you have received.

    nem
    The advice I give and draft letters provided are drawn from personal experience and career training and are given freely and without liability.

    Please make your own decisions with care and if necessary seek qualified legal advice. I will not advise by private message. If you'd like me to look at your post please tag me in your post by typing @nemesis45;.

    If you receive messages from anyone offering advice for a fee please report it to the site team.


    Animo et fide.

    Comment


    • #3
      Thank you Nem for the reply, I really appreciate it.

      I will take another close¬* look at the documents after work. Thanks again ¬*

      Comment


      • #4
        Originally posted by monty park View Post
        A couple of months ago I received Pre- court action paperwork from Robinson Way. I requested a CCA and the relevant terms and conditions. I also requested an account statement.

        A couple of days ago I was sent the following paperwork ( attached) . Does the application counts a CCA? Does it matter that the dark areas are eligible? The date of the application was 1995 if it makes any difference.

        Are the terms and conditions sent enough?¬* There is no date on them so I have no way of knowing if they are the correct documents. Also could someone please explain the letter about the terms and conditions as I have no idea what it means.

        You say you've received "Pre-court action paperwork" from Robinson Way so was this a formal 'Letter Before Claim' from Howard Cohen solicitors on behalf of their client Hoist? If so when you replied which box did you tick (A, B, C or D)?

        Was your request for the credit agreement a formal s 77-79 CCA Request together with the £1 statutory fee which may protect your legal positon? Or was it a request for documents entered in Box I in Section 4 which doesn't protect your legal position.

        Illegible documents can sometimes be remedied with a reconstituted document so don't rely too heavily on that potential legal issue.

        The letter from Barclaycard appears to refer to a third party making the request on your behalf so would that be an advisor of some sort (unless I've misunderstood the first paragraph)?

        How much is the outstanding balance on this ex Barclaycard debt and when did you last make a payment towards it or acknowledge it and when was it defaulted?

        Di
        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

        This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide 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


        • #5
          Hi Di,

          Thanks for replying.

          Yes, it was a formal letter before claim. I ticked the box saying I was unsure if it was my debt and asked for further documents on the form. ( I didn't make a separate formal request with the £1 fee.)

          Can they rely on a reconstituted document even though it was taken out in 1995?¬*

          I was paying the debt at £200 a month for years and then received a letter back in 2014 from Robinson Way to say the debt was now paid in full. I honestly don't think it was but I had many more debts to focus on so I left it.( don't know what date the last payment was exactly ) I still have the letter. I didn't hear from them for 4 years and have now received the pre court documents saying I owe £4542.¬* Do you think it's worth producing the letter and arguing that it was paid in full or will they just say the letter was sent in error?

          Sorry if it's confusing - I really am out of my depth here.

          Thank you so much for your help.

          Comment


          • #6
            Originally posted by nemesis45 View Post
            Hi,¬*
            The app/agreement is not easily legible, and there seems to me that the " terms and conditions " may not be complete.
            Are there any " version" numbers on the T's & C's?
            Can you see if there are any further T's & C's mentioned in those documents (e.g. see xxx of terms 123) that do not appear anywhere in what you have received.

            nem
            Hi Nem, I've looked and there are no version numbers or references to other t and c's. Thanks ¬*

            Comment


            • #7
              Originally posted by monty park View Post
              it was a formal letter before claim. I ticked the box saying I was unsure if it was my debt and asked for further documents on the form. ( I didn't make a separate formal request with the £1 fee.)

              I was paying the debt at £200 a month for years and then received a letter back in 2014 from Robinson Way to say the debt was now paid in full. . . . . I still have the letter. I didn't hear from them for 4 years and have now received the pre court documents saying I owe £4542.¬* Do you think it's worth producing the letter and arguing that it was paid in full or will they just say the letter was sent in error?.

              You need to send a formal s 77-79 CCA Request immediately. You must include the £1 statutory fee. Send it Royal Mail Recorded Delivery.

              Until or unless they comply with your request the debt will be unenforceable in court.

              Send it to Hoist (the debt owner) with a copy to Howard Cohen solicitors so that they are aware of their client's statutory obligations.

              It's unwise to guess at the 'enforceability' of a debt based on your redacted documents. It would be wrong to give you a false sense of hope especially when there is the possibility for any flaws to be remedied such as Ts & Cs dates or better/legible copies of the originals produced further down the line.

              Send a Subject Access Request to Barclaycard to get the full history of the account so that you're prepared in the event a claim is issued. That way you'll know what documents and information exist which you can use to compare with any reconstituted documents produced.

              There are more ways to defeat a claim (which you've not received) than the credit agreement. Have you been served with an annual Notice of Sums in Arrears (s 86)?

              And Hoist are unlicensed too.

              Since you say you think Robinson Way made an error when they sent you that letter (which I've not seen) stating the balance had been cleared in full in 2014, you may need to do your own discrete background research before you flag it up at this stage.

              Di
              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit.

              This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk. Our initial advice is always free.


              Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide 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
                Thanks Di. I will sent of the s 77-79 and the SAR straightway. Would doing either of those things constitute acknowledging the debt and resetting the six years?¬*

                I've not been served with an¬*annual Notice of Sums in Arrears (s 86). Could I asked what it means that Hoist are unlicensed?¬*

                Thanks again for your help.

                Comment

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