pre 2007 credit agreements

[jobe1972]

hi all new to the forums seeking advice been to a few forums but the info seems conflicting so i am now more confused then i was before i started..

I have an alleged debt to barclaycard that defaulted in 2012 the debt was sold on to various dca and now resides with robinsonway who now have got Howard cohen solicitors to threaten pending legal action to gain a CCJ..

I applied for a cca in 2014 and got a reconstituted agreement minus a signature from barclaycard the agreement was taken out in 2002.. i have been led to believe as its pre april 2007 that the agreement can not be inforced through court as it isnt a signed copy

how accurate is this information if a CCJ is raised against me i will have to file for bankruptcy and i would rather not do that


did post this in the other forum but think might been wrong place as it hadnt been looked at in a few days

[nemesis45]

Re: pre 2007 credit agreements

Good afternoon,

Robinson Way usually act for their parent company is that the case here?
Send a CCA request to RW, but please follow the following steps as RW et al / Cohen, tend to deliberately complicate CCA request.

1. Use a postal order for £1 clearly marked on both sides " For Statutory Fee Only" as RW have the habit of allocating fees to the debt.

2 Copy both sides of the PO and keep for your record.

3. There is a template for the request in the green box above. Given the abuse by RW I suggest adding the following to the template.

" Please take note the attached £1.00 Postal Order No..................................: is for the statutory fee for the request for information made under the provisions of sections 77/78 of CCA 1974 it is not and must not be allocated as a payment to the alleged debt;
If the fee is not required it must be returned to me forthwith.

RW has 12 + 2 working days to comply.

RW could attempt to use a reconstituted agreement but it would be a judges decision as to the merits of the recon.

Did you receive a Default Notice from Barclaycard or its in house collectors Mercers Debt collection?

Mercers issued DN's on its own letter head not Barclays and so were invalid.

nem

[jobe1972]

Re: pre 2007 credit agreements

hi thankyou for answering

I requested a CCa back in 2014 via MKDP and had one come through just about make parts out badly photo copied and its unsigned ..
no idea on the default as i havent made a payment in 4 years

Good afternoon,

Robinson Way usually act for their parent company is that the case here?
Send a CCA request to RW, but please follow the following steps as RW et al / Cohen, tend to deliberately complicate CCA request.

1. Use a postal order for £1 clearly marked on both sides " For Statutory Fee Only" as RW have the habit of allocating fees to the debt.

2 Copy both sides of the PO and keep for your record.

3. There is a template for the request in the green box above. Given the abuse by RW I suggest adding the following to the template.

" Please take note the attached £1.00 Postal Order No..................................: is for the statutory fee for the request for information made under the provisions of sections 77/78 of CCA 1974 it is not and must not be allocated as a payment to the alleged debt;
If the fee is not required it must be returned to me forthwith.

RW has 12 + 2 working days to comply.

RW could attempt to use a reconstituted agreement but it would be a judges decision as to the merits of the recon.

Did you receive a Default Notice from Barclaycard or its in house collectors Mercers Debt collection?

Mercers issued DN's on its own letter head not Barclays and so were invalid.

nem

[nemesis45]

Re: pre 2007 credit agreements

A recon agreement does not need signature.

A recon agreement must be easily legible in all parts, and have the following components.

1. Your name and address as it was when the account was opened.

2. The creditors name and address as it was when the account was opened.

3. The terms & conditions relevant when the account was opened.

4. The T's & C's at closure.

5. Any other documents mentioned in the T's & C's.

6. A Current statement of the account (Not an historical statement.)

I suggest you check credit reference file to check when the default was registered, you can check Noddle free online.

A default notice would have been sent probably 2 - 3 months after your last payment.

nem

[jobe1972]

Re: pre 2007 credit agreements

I am already on experian it defaulted according to MKDP in feb 2012.... barclaycard shows a settlement date of 2013 ..the account was opened in 2002

I was under the impression because of certain other forums that a agreement that old would need to be signed if they took me too court which they intend to do

its not easily readable as some of its blurred also as far as i can tell it doesnt have the interest rate i was given when the account was first opened not usre if that even makes any difference just pointing it out ...

[nemesis45]

Re: pre 2007 credit agreements

I am already on experian it defaulted according to MKDP in feb 2012.... barclaycard shows a settlement date of 2013 ..the account was opened in 2002

I was under the impression because of certain other forums that a agreement that old would need to be signed if they took me too court which they intend to do

Much has change with the ability to provide recon agreements and the area is open to challenge and change but I would always push for the
" true copy of the signed and executed agreement " on pre April 2007 agreements.

nem

[jobe1972]

Re: pre 2007 credit agreements

well as i said i had a threatening letter that they will seek a CCJ ..would any of the following help me with a defence if that is the course they go down
1 cant read half of what they sent (i can upload the pdf of the scanned docs)
2 It isnt a signed copy
3 the interest listed is higher then i would of had on the card at the time

also is it worth telling robinsonway that a true copy of the agreement was never sent ?

[nemesis45]

Re: pre 2007 credit agreements

well as i said i had a threatening letter that they will seek a CCJ ..would any of the following help me with a defence if that is the course they go down
1 cant read half of what they sent (i can upload the pdf of the scanned docs)
2 It isnt a signed copy
3 the interest listed is higher then i would of had on the card at the time

also is it worth telling robinsonway that a true copy of the agreement was never sent ?

"Keep your powder dry"!! don't do their work for them!!

An agreement recon/or actual copy must be easily legible in all parts.

Yes please let us see the docs.

nem

[jobe1972]

Re: pre 2007 credit agreements

think i have attached it correctly

[nemesis45]

Re: pre 2007 credit agreements

think i have attached it correctly

Are there two sets of terms and conditions?
Is your name and address on the them as it was when the account was opened?

nem

[jobe1972]

Re: pre 2007 credit agreements

the first blacked out square on 3rd image was my address when the agreement was taken out...the three documents that follow says credit agreement (one of the images was duplicated by mistake) and i assume its terms and conditions but i cant read it...too blurry..then you have the 3 pages or so titled barclaycard conditions that has my new address listed

[nemesis45]

Re: pre 2007 credit agreements

the first blacked out square on 3rd image was my address when the agreement was taken out...the three documents that follow says credit agreement (one of the images was duplicated by mistake) and i assume its terms and conditions but i cant read it...too blurry..then you have the 3 pages or so titled barclaycard conditions that has my new address listed

To my mind the recon fails on legibility and terms and conditions and would unacceptable in court.

nem

[jobe1972]

Re: pre 2007 credit agreements

does it fail on the terms and conditions because the original address isnt used on all parts? i am way out of my depth as is let alone if i do get a claims through for a court hearing and i attempt to defend against it couldnt afford the debt as it let alone when they try to add the 2-3k extra there hoping for

[nemesis45]

Re: pre 2007 credit agreements

does it fail on the terms and conditions because the original address isnt used on all parts? i am way out of my depth as is let alone if i do get a claims through for a court hearing and i attempt to defend against it couldnt afford the debt as it let alone when they try to add the 2-3k extra there hoping for

It does not appear to have enough T's & C's for the two sets one at opening one at closure.

I still suspect that the default notice may be defective.

nem

[jobe1972]

Re: pre 2007 credit agreements

It does not appear to have enough T's & C's for the two sets one at opening one at closure.

I still suspect that the default notice may be defective.

nem

thankyou in either case i wouldnt have any idea