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Thread: Barclaycard provided a reconstituted CCA, Have they done enough???

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    Default Barclaycard provided a reconstituted CCA, Have they done enough???

    Hi,

    I have requested a copy of my CCA from Barclaycard to which they have sent a reconstituted copy.

    The covering letter is almost identical to another i have seen in this forum but its an old thread and i have had no response to my questions on there so I'm putting out again to get some advice on my next steps.

    My main question is have they provided me with an actual recon agreement as they should do to fulfil their lawful obligations or have they tried to fob me off with print outs of T&C's hoping that i will go away?

    I will upload the info received below and if someone with experience of this could comment it would be greatly appreciated.

    Hopefully i can then decide on my next course of action with them.

  2. #2
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    First five pages
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    Last edited by Dabeuk; 24th April 2017 at 09:18:AM.

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Next five pages
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    tagging @nemesis45 @Amethyst xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Final 3 pages.
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Dabeuk View Post
    First five pages
    Good morning,


    At first sight yes the documents appear compliant right down to the required current statement of the account.

    I suggest that you carefully examine each page to see if any clauses are for instance mentioned but do not actually appear.

    May I ask if you are being pursued by BC or a Debt Purchaser?

    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 Specific Advice is Needed 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.





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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Robinson way are currently perusing this but i applied for the CCA directly from Barclaycard and this is their reply.

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Dabeuk View Post
    Robinson way are currently perusing this but i applied for the CCA directly from Barclaycard and this is their reply.
    OK,

    Is RW representing another company?

    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 Specific Advice is Needed 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.





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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Hoist portfolio holdings 2 limited which is a parent company of RW.

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    The straight answer to your thread title "Have they done enough?" is No they haven't.

    Your first uploaded page is supposed to be the reconstituted credit agreement but where are the prescribed terms? There simply aren't any.

    How did you open this Barclaycard account?

    Di
    Last edited by Diana M; 24th April 2017 at 10:22:AM. Reason: Typo
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

  11. #11
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Diana M View Post
    The straight answer to your title thread "Have they done enough?" Is No they haven't.

    Your first upload page is supposed to be the reconstituted credit agreement but where are the prescribed terms? There simply aren't any.

    How did you open this Barclaycard account?

    Di
    Morning, Di

    It would appear that, per BC's letter, the s78 request was sent to them. (BC)
    Should it not now be via Hoist?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by charitynjw View Post
    Morning, Di

    It would appear that, per BC's letter, the s78 request was sent to them. (BC)
    Should it not now be via Hoist?
    Morning Charity

    If the s.78 CCA Request was sent to Barclaycard after the debt was assigned to Hoist (and it appears it was) then the OP does not have the legal protection of 'unenforceable' by the current owner since they (Hoist) have not been asked to comply with any statutory request.

    So as you suggest a new CCA Request needs to be sent to Hoist with a copy to Robinson Way.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Thank you all for looking at this for me.

    So if i am hearing this correctly then i need to request my CCA from RW. If they provide me with the same, as i am sure they will, what areas are jumping out at everyone as not being compliant.

    The straight answer to your title thread "Have they done enough?" is No they haven't.

    Your first uploaded page is supposed to be the reconstituted credit agreement but where are the prescribed terms? There simply aren't any.

    How did you open this Barclaycard account?

    Di
    Di,

    I believe the account was opened online, I cannot be sure however but I can't remember filling out a form for this one.

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Also the reason i approached BC regarding this is that they have registered a default on my credit account for this account which now states the balance as being £0.00. Hoist have also registered a default on my file for the full outstanding amount. As i intend to attempt to get the defaults removed I have approached both.

    Have i opened a can of worms by doing this or do i just need to direct my attention towards hoist?

  15. #15
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    So if i am hearing this correctly then i need to request my CCA from RW
    No.
    From Hoist, who are now the 'creditor'.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  16. #16
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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Dabeuk View Post
    i need to request my CCA from RW. If they provide me with the same, as i am sure they will.
    It doesn't matter if Hoist send you the same documents, the point is they have to be requested from Hoist in order for Hoist to comply or not.

    Have you sent a Subject Access Request to Barclaycard to get the full history of the account ? The Transaction Log will give you an insight as to what went on and when. More importantly you will 'see' what didn't happen.

    The Default Notice (if there was one and if it was compliant) will become an issue. The Log will help you with that.

    I would back off any debate about the default registered on your CRA files since you don't want anyone putting your situation under the microscope right now in case it inspires them to remedy any errors they may have made in the past.

    The time to do that would be after you are confident the debt is Statute Barred or a DJ has ruled the debt is irredeemably unenforceable.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Thanks Di,

    It doesn't matter if Hoist send you the same documents, the point is they have to be requested from Hoist in order for Hoist to comply or not.

    Have you sent a Subject Access Request to Barclaycard to get the full history of the account ? The Transaction Log will give you an insight as to what went on and when. More importantly you will 'see' what didn't happen.
    I will send the CCA request to Hoist by the end of the day and an SAR to barclaycard as well.

    The Default Notice (if there was one and if it was compliant) will become an issue. The Log will help you with that.
    Please see attached a copy of the default notice. I have questioned this on here before. I don't believe the default notice is in the prescribed form as my details appear nowhere on the notice itself. There was a cover letter with this but does the notice on its own need to adhere to the prescribed form?

    As far as statute barred is concerned am i right in thinking that this is 6 years from default date? Am i risking this being extended if i challenge the defaults before this time?
    Attached Images Attached Images

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Dabeuk View Post
    see attached a copy of the default notice. I have questioned this on here before. I don't believe the default notice is in the prescribed form as my details appear nowhere on the notice itself. There was a cover letter with this but does the notice on its own need to adhere to the prescribed form?

    I've already replied to that question on your other thread >


    Quote Originally Posted by Diana M View Post
    There is no date on that DN so it can't be valid.

    There's a remedy date for the breach but no way of knowing if you've been given sufficient time. A point which could be argued in court if things get that far.

    In your post you say it's a copy of the original but I would say it looks like a reconstituted document hence the missing date. Perhaps Barclaycard don't have a date on file. Perhaps no DN was actually sent.

    Maybe it would make sense to merge the two threads since they are based on the same topic/question. Ask @Kati if she wouldn't mind doing this for you.

    Link > http://legalbeagles.info/forums/show...524#post718524

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes 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

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Thanks for the info Di.

    I think the SAR should show any inconsistencies regarding this then. Thats my next step.

    Probably keep the threads separate for the time being as the bulk of this one is about the CCA.

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Dabeuk View Post
    TProbably keep the threads separate for the time being as the bulk of this one is about the CCA.
    just give me a shout if/when you want them merged xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    Default Re: Barclaycard provided a reconstituted CCA, Have they done enough???

    Quote Originally Posted by Dabeuk View Post
    Hi,

    I have requested a copy of my CCA from Barclaycard to which they have sent a reconstituted copy.

    The covering letter is almost identical to another i have seen in this forum but its an old thread and i have had no response to my questions on there so I'm putting out again to get some advice on my next steps.

    My main question is have they provided me with an actual recon agreement as they should do to fulfil their lawful obligations or have they tried to fob me off with print outs of T&C's hoping that i will go away?

    I will upload the info received below and if someone with experience of this could comment it would be greatly appreciated.

    Hopefully i can then decide on my next course of action with them.

    In answer to your question probably not . See this thread http://www.legalbeagles.info/forums/...ANA-MAYHEW-WIN
    I am a solicitor who specialises in consumer credit and my firm is Joanna Connolly Solicitors. A leading case of mine Carey v HSBC Bank plc [2009] EWHC 3417 (QB) (High Court) set the legal precedents for creditors compliance with section 77 & 78 Consumer Credit Act 1974 statutory requests & enforcement of debts in court.

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

    Any posts I make on Legal Beagles 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

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