I receive a response to CCA request with no original documents

[tore]

Hi Guys,

I am a newbie in need of an urgent help.

My case for an old credit card is in court after Hoist Portfolio tell me that is on hold until they review my situation. The next thing I know I have a letter from the court. To cut the story short the case is been send to the small claims where the judge set an unless order for Hoist not answering my CCA request 3 months ago
Now they do answer but with all made up documents. Nothing original.


1. Copy of reconstructed Credit Agreement citing Cary v HSBC with no signatures mine or there's whatsoever or a date for that matter(7 pages)
2. Terms and Conditions with only my name and address no date again (4 pages)
3. print out of old statement from a PC with written everywhere statement copy
4. Notice of assignment that they send me not a one from Barclaycard (I thought it should be one from Barclaycard stating that they assign it to them)


I am panicking not sure what to do. Up till now I was reading the forum and done what you guys recommend but now I am not sure.


Any advice will be appreciated.

[PAWS]

Re: I receive a response to CCA request with no original documents

:bump2:Just giving this a bump -I am sure one of the clever chaps will take a look when they get a chance. Pxx

[mariab]

Re: I receive a response to CCA request with no original documents

That is quite interesting.
I would really want to know what the clever people would say the next steps should be.

Can he submit a statement to the court at this point, pointing out they have only sent him a reconstructed copy of the agreement? Or is it now completely in the hands of the Judge? Would the precedent mentioned play a role?

[nemesis45]

Re: I receive a response to CCA request with no original documents

Hi welcome to LB.

Your points.

1. A reconstituted agreement must have:
(a) Your name and address as it was when the account was opened.
(b) as above for creditor.
(c) the terms and conditions relevant when the account was opened.
(d) as above for when the account was closed
(e) any other document (s) mentioned in the T's & C's. e.g. a booklet of the full Ts& C's as usually sent out when a card is issued.

Signatures are not require. You need to check the T's & C's to see if everything is there e.g. a not saying "see xxxx for terms 1.2.2. etc.
2. Seems like you have 2 sets of T's & C's but are they both complete?

3.Is the statement identified with an account number and dated.
( the CCA request requires them to send a signed and date Current Statement of the account i.e. the balance outstanding now.

4. The NOA can be sent from the creditor and or the debt purchaser some creditors allow the purchaser to send their NOA's with theirs.

It would help if could post copies of what you have received here.
If you have a problem doing so I'm sure [MENTION=49370]Kati[/MENTION] will be able to help you.

nem

[Kati]

Re: I receive a response to CCA request with no original documents

docs:

[Kati]

Re: I receive a response to CCA request with no original documents

next:

[Kati]

Re: I receive a response to CCA request with no original documents

then:

[Kati]

Re: I receive a response to CCA request with no original documents

last:

[nemesis45]

Re: I receive a response to CCA request with no original documents

Certainly not " easily legible."44

Is it complete ?

nem

[charitynjw]

Re: I receive a response to CCA request with no original documents

When (date) did you take out this agreement?

[tore]

Re: I receive a response to CCA request with no original documents

Not sure I understand the question.
I just add the last 2 images so this will be a complete set of what I receive.

[nemesis45]

Re: I receive a response to CCA request with no original documents

When was the account opened?

nem

[tore]

Re: I receive a response to CCA request with no original documents

Sorry, I don't remember. Is there a way I can find out ??

[nemesis45]

Re: I receive a response to CCA request with no original documents

Sorry, I don't remember. Is there a way I can find out ??

If you check your credit reference file it will show the start date. Noddle and Clear Score are free online.
nem

[Linus]

Re: I receive a response to CCA request with no original documents

To answer your question about why the date is important

The Reconstituted CCA request should be a version of what you did sign and over time terms and conditions have changed. Some of the big changes have been the level of default/missed payment charges and also the order in which the credits are applied- it used to be applied to the lowest interest items first e.g zero credit deals purchases then cash advances whereas now they are the other way round - highest interest first

The other reason is that if it was pre April 2007 the agreement you signed must contain all the prescribed terms however you would need to make an assertive statement that you did not sign such an agreement because........ This may be tricky for you as you don't seem that clued up on the basics such as when it was taken out

Can you remember how you took it out?
Can you remember if it was a Barclaycard you took out or something different that was then sold to Barclaycard e.g Egg

Good luck