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Morning I am new to this site and hope someone can help me. I sent CCA to Barclaycard they replied (eventually) and whilst they say that they have sent what is needed to make the CCA enforceable the reconstituted CCA is in my opinion wrong..... when I took the card out in 1999 I was not married therefore I used my maiden name, the recon CCA is in my married name! Am I correct in thinking the details in the recon CCA should be my name when I took the card out?
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You are correct.
Is the agreement actually from 1999 as far as you can tell?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First Steps -
Hi I took the card out in 1999....... it is a reconstituted CCA the address is correct on it but they have put my married name on it and I did not get married until many years later! Therefore does that mean it’s not enforceable even though they say it is and what do I do next?Comment
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Can anyone offer me advice?Comment
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Well they haven't fully complied with your request so the debt is unenforceable. What's the status of the debt ( presumably there is a debt ?)#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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Hi, there is an outstanding balance on it. What do I do now as they are saying it’s endorceabke but clearly my name was different in 1999 so surely a recon CCA should have correct name on it. Do I write to them and tell them?Comment
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Enforceable that should sayComment
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they make a name mistake - their problem sit on your hands do not tell them at this stage
they will say Enforceable to say not would be their waste of time trying to convince you and hope you believe them.Comment
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What is the status of the account ? Have you defaulted ?
Why did you send the CCA request originally ?#staysafestayhome
Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.
Received a Court Claim? Read >>>>> First StepsComment
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I sent CCA as I had been reading up yes I have stopped payments on basis of this bcard not yet defaulted meComment
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At what point do I tell them why I am
not paying? I understand to take me to court they have to find the original CCA is that correct?Comment
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What do I do now please can someone help? Do I not pay anything, so I write to them a tell them the CCA is wrong as my name is incorrect????? Help pleaseComment
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
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Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
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