CCA request from barclaycard recieved

[scoobydoo1]

hi all


I requested a CCA from Barclaycard what am I looking for, for it to be valid if that makes sense, to confirm they have the relavant and correct paperwork for my debt with them?
all I got was the following


I write further to a letter requesting a copy of your excuted agreement for the above account.


the information we must provide to you under the terms of section 78 is prescribed by the consumer credit act 1974 and by the consumer credit (cancelation notices and copies of documents) regulations 1983.


under section 78, we must supply you with a copy of your excuted agreement and a statement of account which is practicable to refer.


please find enclosed a copy of your latest executed agreement.


this is a statement of the terms of your agreement with us and incorporates any varitions to the terms made since you entered into this agreement, however, the intrest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account.


the current credit limit on your account £4000


the current balance on your account today is £3918


with refrence to the civil procedure rules (the cpr). we have provided you with sufficient information to allow you to understand our position, the cpr does not confer an automatic entitlement to documents before proceedings start .


provides that a party may apply to the court for pre-action disclosure in certain circumstances, which do not apply here, the application must be supported by evidence, and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result (cpr48.1 (2)


while there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps, to provide you with the contractual terms under which your fianancial obligations arise and a statement of account,


I am fully satisfied that the sum outstanding by you remains legally due and payable. you should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement, if you do not , we may register a default against you with credit refrence agencies, although we will formally notify you before doing so,


this completes our obligation to you under section 78 of the consumer credit credit act 1974

your sincerely
Barclaycard services


it was followed by 3 pieces of paper with terms and conditions on,
these are what I got altogether minus sensitive info
http://i60.tinypic.com/2ur18ia.jpg
http://i62.tinypic.com/wkmd88.jpg
http://i62.tinypic.com/2uo45yo.jpg
http://i61.tinypic.com/4v4vah.jpg
http://i57.tinypic.com/103g3h4.jpg

does this mean they hold all the correct paperwork for my account ?

I did ask on another forum but they said they were in default and I should send a Missing Prescribed Terms template but to get that template I would need to pay £10 and money is short, just wondered if you can shed any light if what was said is true and are there any similer templates around I can send Barclaycard or my current DCA not sure which I send it too as Barclaycard have passed my debt a while back to a DCA

[Berniethebolt]

Re: CCA request from barclaycard recieved

Hi
Did you send a formal S78 request of the type shown here

http://www.legalbeagles.info/forums/showthread.php?751

What were the circumstances that led you to send the CCA request

From what you have posted here it does not comply with a S78 request because that should be a copy of your agreement not just the terms and conditions , I find that response most odd. As for your next step , well that depends on the circumstances really .

Maybe a little background, when the card was taken out ,when you stopped making payments.
I think I know the forum you mean and we can provide letters for free

[scoobydoo1]

Re: CCA request from barclaycard recieved

hi thanks for reply yes it was just a free formal CCA request sent to them using one (cant remember where from ) as suggested by someone

I just basically sent them one after reading on a few forums, to see if they had a copy as ive had the Barclaycard pre 2007, the debt as since been past over to DCA which I,m currently paying through a DMP with stepchange. and have done for the past 5 years and continuing to do so,

If the response doesn't comply to my request what are my options to see if they actually do hold any relavant copy of my agreement, as mentioned I was told to send another letter using the Missing Prescribed Terms template, not sure what that is, or if I should send something else, and if so who would I send it too Barclaycard or my current DCA?

if they don't hold any copy of my agreement maybe it would help me with going down the F+F route with a low offer considering they (assuming they don't have one) for my DCA to have no option but to accept my offer

or maybe I,m completely wrong with that, I,m not clued up as u can tell, I just go by what ive read on forums with some of the storys, most of which prob wont apply to me with this maybe who knows

any help would be grateful

[Berniethebolt]

Re: CCA request from barclaycard recieved

@FlamingParrot

I have tagged FP to come n look at this because she is more experienced than me but
Who are the present DCA, if it is Mercers they are just barclaycard in disguise.
Do you know if the debt has been sold on at any point
There are a couple of options IMO
1) Just stop paying and when they write to you respond with a letter about missing PT's ,
2) Send them the missing PT's letter which is something like this -BUT PLEASE DONT USE THIS WITHOUT CHECKING IT ALL FIRST

Dear Sirs
Ref: xxxxxxxx
I refer to my letter dated XX/XX/XXXX in which I made a formal request under the Consumer Credit Act 1974 (CCA1974) s.77-s.79 for a true copy of the regulated agreement referred to in the above account number. . I also enclosed the statutory fee of £1.00.
To date you have failed to comply with my statutory request and have defaulted in respect of this account. Under S78(6) CCA1974 any alleged debt becomes unenforceable until such time as you come out of default. As such I am now ceasing all payments to the above account,

For your reference, S78(1) states

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.











and S78(6) states


If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement;F3. .

[Berniethebolt]

Re: CCA request from barclaycard recieved

As for the prescribed terms
I can never remember exactly what they are but something along the lines

Your name and address (at the time you took out the card)
The Creditors name and address (at the time you took out the card

The way in which the credit limit will be decided
The rate of interest applicable at the time

The right to cancel

Hopefully FP can make that clearer

[scoobydoo1]

Re: CCA request from barclaycard recieved

hi Barclaycard sold it too LINK financial

the wording in the above template says "To date you have failed to comply with my statutory request and have defaulted in respect of this account. Under S78(6) CCA1974 any alleged debt becomes unenforceable until such time as you come out of default. As such I am now ceasing all payments to the above account,
"
wouldn't they just say they sent me the s78 (the letter and terms they sent me above in the pics?)

I will wait until fp comes on to see what she as to say before sending any templates then

thanks again

[FlamingParrot]

Re: CCA request from barclaycard recieved

As for the prescribed terms
I can never remember exactly what they are but something along the lines

Your name and address (at the time you took out the card)
The Creditors name and address (at the time you took out the card

The way in which the credit limit will be decided
The rate of interest applicable at the time

The right to cancel

Hopefully FP can make that clearer

The prescribed terms are set out in Schedule 6 of the Consumer Credit (Agreements) Regulations 1983.
The agreement must contain:
A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:
(a) number of repayments;
(b) amount of repayments;
(c) frequency and timing of repayments;
(d) dates of repayments;
(e) the manner in which any of the above may be determined, or in any other way, and any power of the creditor to vary what is payable.

For running account agreements (such as credit cards), the agreement must contain a term stating the credit limit or the manner in which it will be determined or that there is no credit limit and a term stating the rate of interest.

[Nibbler]

Re: CCA request from barclaycard recieved

under section 78, we must supply you with a copy of your excuted agreement and a statement of account which is practicable to refer.


please find enclosed a copy of your latest executed agreement.


this is a statement of the terms of your agreement with us and incorporates any varitions to the terms made since you entered into this agreement, however, the intrest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account.

So a copy of the current T&Cs/CCA, but not also what would have been in place when the account was opened?

Carey v HSBC Bank Plc [2009]

"(4) If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms;"

That 'original' may be reconstituted, and not necessarily from an original, but it still must be provided.

If not they are in default.

[FlamingParrot]

Re: CCA request from barclaycard recieved

Hi and welcome aboard

I requested a CCA from Barclaycard what am I looking for, for it to be valid if that makes sense, to confirm they have the relavant and correct paperwork for my debt with them?
all I got was the following
with refrence to the civil procedure rules (the cpr). we have provided you with sufficient information to allow you to understand our position, the cpr does not confer an automatic entitlement to documents before proceedings start .

Was it a standard CCA request under s.78 or a request under the Civil Procedure Rules? I'm just wondering why there should be a mention of those. :noidea:

it was followed by 3 pieces of paper with terms and conditions on,
these are what I got altogether minus sensitive info
http://i60.tinypic.com/2ur18ia.jpg
http://i62.tinypic.com/wkmd88.jpg
http://i62.tinypic.com/2uo45yo.jpg
http://i61.tinypic.com/4v4vah.jpg
http://i57.tinypic.com/103g3h4.jpg

does this mean they hold all the correct paperwork for my account ?

Can I ask when you took out the card? I can see a mention of September 2009 and the letter is dated 2010 so those may have been the current terms at the time you sent your request rather than those from inception (when you took out the card). That being the case, they wouldn't have complied with your request as you'd need the original terms you agreed to.

I did ask on another forum but they said they were in default and I should send a Missing Prescribed Terms template but to get that template I would need to pay £10 and money is short, just wondered if you can shed any light if what was said is true and are there any similer templates around I can send Barclaycard or my current DCA not sure which I send it too as Barclaycard have passed my debt a while back to a DCA

There's no charge for anything on here. Before deciding what you should send you'd need to tell us whether you took out the card prior to Sept 2009 to make sure those can't possibly be the terms that applied when you took out the card.

[Nibbler]

Re: CCA request from barclaycard recieved

Can I ask when you took out the card?

They said "it was taken out before 2007" somewhere else....

[scoobydoo1]

Re: CCA request from barclaycard recieved

hi yes the card was taken out before 2007 prob 2005 but not 100% but deff before 2007 if that helps,

so any idea what I do or send them as a template next? is what they sent me, wrong? by the above pics I sent earlier in my post?

thanks for your help

[FlamingParrot]

Re: CCA request from barclaycard recieved

They said "it was taken out before 2007" somewhere else....

hi yes the card was taken out before 2007 prob 2005 but not 100% but deff before 2007 if that helps,

It certainly does help, in more than one way! :grin:

First of all, it means they are definitely NOT the terms from inception, it also means that there needs to have been a proper agreement with all the prescribed terms for the court to enforce it, as it'd still be subject to s.127(3) of the CCA. :thumb:

so any idea what I do or send them as a template next? is what they sent me, wrong? by the above pics I sent earlier in my post?

thanks for your help

Not wrong, they appear to be what were current terms at the time of your request, but those are not the terms from inception (when you took out the card).

Was this always a Barclaycard or something else to start with?

[scoobydoo1]

Re: CCA request from barclaycard recieved

yes it was always a Barclaycard as far as I know,

[FlamingParrot]

Re: CCA request from barclaycard recieved

hi yes the card was taken out before 2007 prob 2005 but not 100% but deff before 2007 if that helps,

so any idea what I do or send them as a template next? is what they sent me, wrong? by the above pics I sent earlier in my post?

thanks for your help

You just need to send something along the lines below:

Dear Sirs

Account No: XXXXXXXX

On XX/XX/XXXX I wrote requesting a copy of the agreement for the above account pursuant to s.78(1) of the Consumer Credit Act. In response to this request, I was supplied a set of Terms and Conditions dated September 2009. S.78(1) of the Act states that, upon payment of £1, the creditor shall provide the debtor with:

• a copy of the executed agreement;
• copies of any other documents referred to in the agreement; and
• a statement of account

Barclaycard did not supply a copy of the executed agreement and other documents referred to in it. The Terms and Conditions that were supplied were not the ones that applied to this credit product at the time the account was opened, therefore Barclaycard has not complied with this request.

S.78(6) of the Act states that, if a creditor fails to comply with a request under s.78(1) of the Act, he is not entitled to enforce the agreement whilst the default continues. This account is therefore, unenforceable and I expect confirmation from you that no further action will be taken.

Yours faithfully,

[scoobydoo1]

Re: CCA request from barclaycard recieved

shall I send this to barclaycard or my current DCA which is Link financial,? or both even?
if Barclaycard which address shall I send it too?

thanks in advance