Barclaycard provided a reconstituted CCA, Have they done enough???

[Diana M]

Re: Barclaycard provided a reconstituted CCA, Have they done enough???

i need to request my CCA from RW. If they provide me with the same, as i am sure they will.

It doesn't matter if Hoist send you the same documents, the point is they have to be requested from Hoist in order for Hoist to comply or not.

Have you sent a Subject Access Request to Barclaycard to get the full history of the account ? The Transaction Log will give you an insight as to what went on and when. More importantly you will 'see' what didn't happen.

The Default Notice (if there was one and if it was compliant) will become an issue. The Log will help you with that.

I would back off any debate about the default registered on your CRA files since you don't want anyone putting your situation under the microscope right now in case it inspires them to remedy any errors they may have made in the past.

The time to do that would be after you are confident the debt is Statute Barred or a DJ has ruled the debt is irredeemably unenforceable.

Di

[Dabeuk]

Re: Barclaycard provided a reconstituted CCA, Have they done enough???

Thanks Di,

It doesn't matter if Hoist send you the same documents, the point is they have to be requested from Hoist in order for Hoist to comply or not.

Have you sent a Subject Access Request to Barclaycard to get the full history of the account ? The Transaction Log will give you an insight as to what went on and when. More importantly you will 'see' what didn't happen.

I will send the CCA request to Hoist by the end of the day and an SAR to barclaycard as well.

The Default Notice (if there was one and if it was compliant) will become an issue. The Log will help you with that.

Please see attached a copy of the default notice. I have questioned this on here before. I don't believe the default notice is in the prescribed form as my details appear nowhere on the notice itself. There was a cover letter with this but does the notice on its own need to adhere to the prescribed form?

As far as statute barred is concerned am i right in thinking that this is 6 years from default date? Am i risking this being extended if i challenge the defaults before this time?

[Diana M]

Re: Barclaycard provided a reconstituted CCA, Have they done enough???

see attached a copy of the default notice. I have questioned this on here before. I don't believe the default notice is in the prescribed form as my details appear nowhere on the notice itself. There was a cover letter with this but does the notice on its own need to adhere to the prescribed form?

I've already replied to that question on your other thread >

There is no date on that DN so it can't be valid.

There's a remedy date for the breach but no way of knowing if you've been given sufficient time. A point which could be argued in court if things get that far.

In your post you say it's a copy of the original but I would say it looks like a reconstituted document hence the missing date. Perhaps Barclaycard don't have a date on file. Perhaps no DN was actually sent.

Maybe it would make sense to merge the two threads since they are based on the same topic/question. Ask @Kati if she wouldn't mind doing this for you.

Link > http://legalbeagles.info/forums/show...524#post718524

Di

[Dabeuk]

Re: Barclaycard provided a reconstituted CCA, Have they done enough???

Thanks for the info Di.

I think the SAR should show any inconsistencies regarding this then. Thats my next step.

Probably keep the threads separate for the time being as the bulk of this one is about the CCA.

[Kati]

Re: Barclaycard provided a reconstituted CCA, Have they done enough???

TProbably keep the threads separate for the time being as the bulk of this one is about the CCA.

just give me a shout if/when you want them merged xx

[Joanna C]

Re: Barclaycard provided a reconstituted CCA, Have they done enough???

Hi,

I have requested a copy of my CCA from Barclaycard to which they have sent a reconstituted copy.

The covering letter is almost identical to another i have seen in this forum but its an old thread and i have had no response to my questions on there so I'm putting out again to get some advice on my next steps.

My main question is have they provided me with an actual recon agreement as they should do to fulfil their lawful obligations or have they tried to fob me off with print outs of T&C's hoping that i will go away?

I will upload the info received below and if someone with experience of this could comment it would be greatly appreciated.

Hopefully i can then decide on my next course of action with them.

In answer to your question probably not . See this thread http://www.legalbeagles.info/forums/...ANA-MAYHEW-WIN