Reconstituted CCA Barclaycard

[bootneck]

Hi all,

Long time lurker and now first time posting.

I've had PRA Group contact me about a debt they've purchased in my name from Barclaycard.

I requested a copy of the CCA and have just received a response from PRA.

They have attached a 'reconstituted copy' of the agreement and some statements dating back to March last year.

The copy of the reconstituted agreement has my name and address on it but there is no account opening date, although I know for a fine fact that the card went much further back than March of last year.

Barclaycard have stated that the copy of the agreement they have sent is under Section 78 of the CCA Act 1974.

They've sent a copy of their terms and the copy of the agreement they've sent has my name and address at the top under the heading of 'Introduction' and thats it. There's no date of opening, signature, or anything else really.

Is the above sufficient for PRA to pursue? They're being very polite and accommodating about it and now asking for monthly payment set up.

Thanks.

[echat11]

Hi BOOTNECK

Welcome to LB

a) I've had PRA Group contact me about a debt they've purchased in my name from Barclaycard.

How old is the account?

When was the last payment made?

b) The copy of the reconstituted agreement has my name and address on it but there is no account opening date, although I know for a fine fact that the card went much further back than March of last year.

They should have an opening date for the account, as you say, the statements only covers the period from March last year.

c) They've sent a copy of their terms and the copy of the agreement they've sent has my name and address at the top under the heading of 'Introduction' and thats it. There's no date of opening, signature, or anything else really.

They should provide information on the APR and Credit limit, no doubt that information will be on the on the statements. But if the Terms and Conditions has been 'varied', i.e. APR, Credit Limit etc. then they need to provide the 'varied Terms and Conditions as well. You won't get a 'signature' on a 'Reconstructed Agreement' because it's been 'Reconstructed'.

d) Is the above sufficient for PRA to pursue? They're being very polite and accommodating about it and now asking for monthly payment set up.

Send Barclaycard a Subject Access Request, they have 30 days to provide all the information they have on the account, see if they have Default Notice, Letters of Assignment etc. Also that may throw up other anomalies.

Update the thread when you get that information.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

[bootneck]

Thanks for the comments.

1. Good question on age of account, I've genuinely no idea but it must have been held for around 8 years I'd say.

2. Last payment made September 2023

3. No opening date for account on any of the sent docs

Can I request the SAR from PRA Group, as it is they who own the debt now?

Thanks

[echat11]

Thanks for the comments.

1. Good question on age of account, I've genuinely no idea but it must have been held for around 8 years I'd say.

2. Last payment made September 2023

3. No opening date for account on any of the sent docs

Can I request the SAR from PRA Group, as it is they who own the debt now?

Thanks

1. Good question on age of account, I've genuinely no idea but it must have been held for around 8 years I'd say.

O.K.

2. Last payment made September 2023

So not Statute Barred.

3. No opening date for account on any of the sent docs

Can I request the SAR from PRA Group, as it is they who own the debt now?

I would request it from Barclaycard, PRA would ask Barclaycard for the information.

[R0b]

They have attached a 'reconstituted copy' of the agreement and some statements dating back to March last year.

Can you clarify what you mean by this. Did you simply request a copy of the contract or did you make a formal request under s77/78 of the CCA? Legally, there is a different between the two. The latter means if they have not complied with the request properly within the prescribed period (12 working days I recall), they cannot enforce the agreement. The latter is just a request and they could take enforcement action.

You may want to be careful about who you send the SAR to and when. A SAR is a request for information a particular person or company holds about you so PRA would not ask Barclaycard for information because the request is specific to the company. Therefore PRA would comply and share the information that they have in their file about you.

You don't get unlimited chances to send a SAR so you have to decide if it is worth sending one now, or sending one at a time if they intend to start legal proceedings.

[bootneck]

Can you clarify what you mean by this. Did you simply request a copy of the contract or did you make a formal request under s77/78 of the CCA? Legally, there is a different between the two. The latter means if they have not complied with the request properly within the prescribed period (12 working days I recall), they cannot enforce the agreement. The latter is just a request and they could take enforcement action.

You may want to be careful about who you send the SAR to and when. A SAR is a request for information a particular person or company holds about you so PRA would not ask Barclaycard for information because the request is specific to the company. Therefore PRA would comply and share the information that they have in their file about you.

You don't get unlimited chances to send a SAR so you have to decide if it is worth sending one now, or sending one at a time if they intend to start legal proceedings.

I formally requested a copy of my CCA and did the request through PRA in writing, as advised by Debt Camel (states to ask whoever currently owns the debt).

The docs took longer than 12 days to arrive, in fact I believe they've taken best part of a month.

Hope this helps.