LINK financial sent me a reconstituted CCA from Barclaycard

[Marty2.8]

so write back asking for legible copy?

[echat11]

Definitely not legible. When was the last payment made and contact made on the debt?

You have the 6 debts, can you list them, with the last payment date and last contact date as some are clearly statute barred.

[Marty2.8]

Hi one of my other CCA requests has now come back too, I have scanned it and the quality isnt great, the one they sent me is just about readable, I have scored out the personal details which were all correct.
Could anyone have a quick look please?
That one does look like the real thing, what do I know tho!

[Marty2.8]

That's correct, but that does give you time to do some research.

Yes it does! But I fear I am confusing myself with all the jargon.

[echat11]

Thank you! I will do that, Im guessing he is so busy he only visits now and again

That's correct, but that does give you time to do some research.

[Marty2.8]

Thank you! I will do that, Im guessing he is so busy he only visits now and again

[echat11]

Hi all this advice is really helpful, thank you. So do I not have to mention Carey Vs HSBC then?

I think you need to wait for @pt2537 to respond and advise.

[Marty2.8]

Hi all this advice is really helpful, thank you. So do I not have to mention Carey Vs HSBC then?

[echat11]

I know I sent the following template, scroll to the very bottom of the page -


'Re: CAREY v HSBC - CCA Judgments 23rd Dec - re recreated docs

if the creditor send you a reconstructed piece of crap of an agreement , you request a true copy not under the consumer credit act but under the

Consumer Protection from Unfair Trading Regulations 2008


Dear Sirs

Account No/Reference No: XXXXXXXX

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself. Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,'

https://legalbeagles.info/forums/for...ted-docs/page6

[echat11]

Hi, I have no idea how I opened that account years ago. I was a Barclays bank current account holder, so it must have come through them

If it was through your Barclays Bank current account, it might of been one of those 'pre-authorized' forms you just had to sign (just speculating).

[Marty2.8]

Hi, I have no idea how I opened that account years ago. I was a Barclays bank current account holder, so it must have come through them

[Celestine]

Default of s.78 CCA, not the original account default.

The letter above is great for non compliance with CCA, but it does not mention Carey v HSBC; which is essential.

Have a read here also: https://legalbeagles.info/forums/for...-s127-cca-1974

Regarding the terms they have sent you, they are also not very ;legible? From what you can make out however, do these terms match what you think you took out in 1999? Tough question I know, but as pt2537 will hopefully confirm, the facts you can recall about the opening of this account will help us work out what to say in the response.

[echat11]

Hi thats great thank you. the section where it says the account entered default, is that the original default date? (almost 6 years ago) or a different date. Apologies for my ingnorance!

'account entered default,', that's the date when they Defaulted on the CCA request you made.

But don't send anything off until Celestine goes through your letter.

[Marty2.8]

MARTY2.8, this is just an example.

On XXXXXXXXX I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on XXXXXXXXX. Enclosed with that request was a postal order in the sum of £1.00 which represents the statutory fee.

You have failed to comply with my request, and as such the account entered default on XXXXXXXXX.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be complied with before you/your client enters into a default situation. This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become currently unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the FCA's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a Formal Complaint.

I look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone.

Yours Sincerely

Hi thats great thank you. the section where it says the account entered default, is that the original default date? (almost 6 years ago) or a different date. Apologies for my ingnorance!

[echat11]

MARTY2.8, this is just an example.

On XXXXXXXXX I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. This was signed for as delivered on XXXXXXXXX. Enclosed with that request was a postal order in the sum of £1.00 which represents the statutory fee.

You have failed to comply with my request, and as such the account entered default on XXXXXXXXX.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be complied with before you/your client enters into a default situation. This limit has expired.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled, while the default continues, to enforce the agreement.

Therefore this account has become currently unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the FCA's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a Formal Complaint.

I look forward to hearing from you. This should be in writing; I have no wish to correspond by telephone.

Yours Sincerely