Barclaycard CCA response

[Montague]

Hi All

I received the below response from Barclaycard yesterday

Dear Mrs ...........

Account number xxxxxxxxxxxxxxxxxxxx

I write further to your letter and enclosed £1 fee requesting a copy of your executed agreement for the above account.

Please find the following documents enclosed.
1. A copy of your original Barclaycard terms and Conditions at the time you opened your account
2. The current Credit limit on your account
3. The current Balance on your account
4. The next minimum payment
5. please note a copy of your current Barclaycard agreement will be sent under seperate cover

The information we must provide to you under the terms of section 78 is prescribed by the consumer credit act 1974 and by the consumer credit (cancellation notices and copies of documents) regs 1983

You will be receiving your next statmenet shortly
This complets our obligation under section 78 of the consumer credit act 1974

I would really appreciate any advice or help on what to do next. I have read and reread the forums and i am guessing they dont have my original agreement? thus the comment on sending me my current one? But i am a little unsure

Could anyone please advice me on my next step

Thank you so much for your help

Montague

[Amethyst]

Re: Barclaycard CCA response

The original agreement will be the current one, so basically sit tight, or you can say thanks, look forward to receiving the original agreement, if you fancy being polite. I wouldn't read anything more into it other than they have to pootle off to the filing cabinet to get the original copy out. yet anyway

[lab32uk]

Re: Barclaycard CCA response

Barclaycard are responding like this to everyone.I've seen this on a few other forums, and I myself had the same reply.
From what I have been reading, the only way you will get them to disclose a true copy is by going down the cpr 31.16 route.
Someone on consumer action group managed to do just this

[Amethyst]

Re: Barclaycard CCA response

Have read this CPR 31 a few times now, and yes its a good idea if a company is threatening court action and you are considering defending as unenforceblae due to no CCA. However it doesn't apply to small claims track, and it should be served on the other party, and lodged with and applied through the court.

It really depends what your purpose of the sending the CCA request was in the first place, if it was to halt action on the account to allow breathing space, or have it passed to the original creditor then it does its job, if you actually want/need to see the original CCA (eg if you actually don't believe you ever had this debt and they refuse to acknowledge they are chasing the wrong person OR they are threatening court without having supplied a CCA and you fear they will just produce the original in court) then yes its a idea to try cpr 31. It does mean if they don't disclose the true copy actuall document at CPR 31 then they can't just whip it out in court later as they will have to make a disclosure statement in response and say whether or not they hold the requested document, and if they say no, well there is no cca.

( CPR 31 before any proceedings have started is backed up by Supreme Court Act 1981 (c.54) or section 52 of the County Courts Act 1984 (c.28) full ~CPR 31 PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice )

[diddydicky]

Re: Barclaycard CCA response

with reference to not applying to small claims track- i would say that as it is the court that decides the track the case is in effect "trackless" therefore 31.16 can be used to good effect PROVIDED that there is an identifiable cause- failing which you may be liable for hefty costs from the other side

[palaz]

Re: Barclaycard CCA response

Hi I have the same responce from them but if I havent singht the original agreement then the agreement is unenforsable is it Need help please

[Amethyst]

Re: Barclaycard CCA response

they have said they will send it under seperate cover

5. please note a copy of your current Barclaycard agreement will be sent under seperate cover

are they not doing this then?