Can a company ignore an original agreement for Reconstituted agreement?

[Makovere]

I wish if someone could help me. I took out a credit card with Barclays before 2005. It was a small amount but it kept growing over the years to £5,200. I failed to pay it off and debt was bought by Howard Cohen (HC) who took it to Northampton County Court (NCC). After receiving a court communique. I sent a CCA request to HC and at the same time requested for all data Barclays has for this card. Barclays sent me the original form/agreement I signed when I took the card and all statements and letters they have. They did not send me a reconstituted agreement. The Original form does not have a lot. The agreement section is small. Please see attached. Howard Cohen, in response to my CCA request, requested more time. After nearly 6 months they sent me a Reconstituted Agreement (RA) that is not signed. The detailed information on the RA is not on the original agreement. If Barclays had the RA, why didn't they send to me with other documents? Why did they send me the original agreement instead? Is Howard Cohen deliberately trying to move away from the original agreement in preference of the RA? I suspect they did the RA because Barclays could have given me when I asked them or it was done by Barclays after my request for the data?? The RA is not dated. It is a generic document with 14 pages. I have uploaded the first 3 pages of the RA together with the Original Agreement. The top sheet of the RA agreement has an address where I used to reside more than 15 years ago. I now have a few days to file a defense. Any advice?

[pt2537]

I wish if someone could help me. I took out a credit card with Barclays before 2005. It was a small amount but it kept growing over the years to £5,200. I failed to pay it off and debt was bought by Howard Cohen (HC) who took it to Northampton County Court (NCC). After receiving a court communique. I sent a CCA request to HC and at the same time requested for all data Barclays has for this card. Barclays sent me the original form/agreement I signed when I took the card and all statements and letters they have. They did not send me a reconstituted agreement. The Original form does not have a lot. The agreement section is small. Please see attached. Howard Cohen, in response to my CCA request, requested more time. After nearly 6 months they sent me a Reconstituted Agreement (RA) that is not signed. The detailed information on the RA is not on the original agreement. If Barclays had the RA, why didn't they send to me with other documents? Why did they send me the original agreement instead? Is Howard Cohen deliberately trying to move away from the original agreement in preference of the RA? I suspect they did the RA because Barclays could have given me when I asked them or it was done by Barclays after my request for the data?? The RA is not dated. It is a generic document with 14 pages. I have uploaded the first 3 pages of the RA together with the Original Agreement. The top sheet of the RA agreement has an address where I used to reside more than 15 years ago. I now have a few days to file a defense. Any advice?

thats very similar to the document that was produced in the HFO v Wegmuller case i deal with a few years ago. The judgment is here https://www.bailii.org/ew/cases/Misc/2012/19.html
It seems to me that the creditor has some issues there, first the document doesnt appear to be easily legible, nor does it appear to comply with the CCA 1974. Have a read of wegmuller

[Makovere]

Dear P. Tilley, many thanks for your great reply. I really appreciate that. It is true, the HFO v Wegmuller is very similar to my case. The original agreement I received from Barclays is barely readable. That is probably why Howard Cohen opted to use a reconstituted agreement instead. They realized they will not win. I have also seen that in the reconstituted agreement, they used my current address instead of the address at the time of the agreement. I am not sure if it is important but I would assume the reconstituted agreement would show the state as was at the time of the agreement. I now have 4 days left to submit my defense, which I will do today.

[pt2537]

Dear P. Tilley, many thanks for your great reply. I really appreciate that. It is true, the HFO v Wegmuller is very similar to my case. The original agreement I received from Barclays is barely readable. That is probably why Howard Cohen opted to use a reconstituted agreement instead. They realized they will not win. I have also seen that in the reconstituted agreement, they used my current address instead of the address at the time of the agreement. I am not sure if it is important but I would assume the reconstituted agreement would show the state as was at the time of the agreement. I now have 4 days left to submit my defense, which I will do today.

Did they mention a default notice in their claim? I ask because the Court of Appeal has just given a judgment which says a creditor must plead there was a default notice, if they dont then iit is open to an undefendable strike out

[Makovere]

They did mention a default notice. They actually supplied a copy. I have not yet checked if what they provided agrees with what Barclays supplied. I will confirm that.

[pt2537]

They did mention a default notice. They actually supplied a copy. I have not yet checked if what they provided agrees with what Barclays supplied. I will confirm that.

The issues with the default notice are likely to be issues which are simple to overlook, let me know if the Default notice refers anywhere to mercers?

[Makovere]

I will do. Many thanks

[Makovere]

I have seen two documents. One that warns of a Default Notice. It is almost like the last warning because it explains what will happen next if the outstanding balance is not cleared on time. That is the one HC provided. There is another I saw in the Barclays records that says A Default Notice has been registered. This was not provided by HC.