Reconstituted CCA

[Bennysonic]

Hi Just a quick question.

I have a very old joint-account partner debt with Barclaycard which I am disputing.

Does anyone know if it is legally acceptable under the terms of the CCA for a creditor (Barclaycard via MKDP) to supply a 'reconstituted copy of a CCA' with no visible signature or even my name relating to the contract?

Thats what MKDP sent to me.. a nasty dog-eared copy plus some random terms and conditions which may or may not be relevant...and they claim this fulfils their obligations under s77-79of the Consumer Credit Act 1974.

All thoughts and guidance gratefully received.

Benny

[Bennysonic]

Re: Reconstituted CCA

Oh, BTW I have been dealing with it for a while so it is not statute barred (just in case any one was wondering).

[Celestine]

Re: Reconstituted CCA

It certainly needs to contain your name and address at the time the contract was formed.
A recon does not need a signature.

Why not scan up an anonymised copy of the 'recon' agreement for us to peek at?

[Bennysonic]

Re: Reconstituted CCA

Celestine. Many thanks and great idea. Will do when on home computer later. Thx

[FlamingParrot]

Re: Reconstituted CCA

Hi Just a quick question.

I have a very old joint-account partner debt with Barclaycard which I am disputing.

Does anyone know if it is legally acceptable under the terms of the CCA for a creditor (Barclaycard via MKDP) to supply a 'reconstituted copy of a CCA' with no visible signature or even my name relating to the contract?

Thats what MKDP sent to me.. a nasty dog-eared copy plus some random terms and conditions which may or may not be relevant...and they claim this fulfils their obligations under s77-79of the Consumer Credit Act 1974.

After the infamous Carey v HSBC case, it was established that a reconstituted copy of an agreement satisfies the requirements of a request under s.77-79:

(1) A creditor can satisfy its duty under s78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself;

(2)The s78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself;

(3) The creditor need not, in complying with s78, provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 as to form, as at the date the agreement was made;

(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;

Note that the recon should contain your name and address. It should also be noted that s.77-79 is for information purposes only and, in the above case, Carey was the CLAIMANT rather than the defendant.

Barclays have lost/misplaced a lot of their agreements and are trying to fob people off with random terms and other tidbits that have nothing to do with the original agreements.

Could you scan or take a picture of the documents, remove your personal details and post up here? :typing:

[charitynjw]

Re: Reconstituted CCA

Hi Bennysonic,

Unfortunately, as things stand, a recon is acceptable, & should be supplied with the T&C's which were relevant at the inception of the agreement, plus any modifying ones.

However, the agreement must contain the 'prescribed terms' as per CCA 1974 & the enabling regulations, & with older agreements (pre April 2007), a lack of same could render the agreement unenforceable.

See http://paulatwatsonssolicitors.wordp...er-credit-act/

[PlanB]

Re: Reconstituted CCA

I have a very old joint-account partner debt with Barclaycard which I am disputing.

Can you clarify, was this a joint bank account with Barclays Bank or a credit card with Barclaycard? Different sections of the CCA apply to different products such as overdrafts.

[FlamingParrot]

Re: Reconstituted CCA

I may be wrong, :confused2: but I thought you couldn't have joint credit cards as such, just additional cardholders, with the main account holder being solely responsible for the debt. :noidea: