CCA Please Help

[Amethyst]

Re: CCA Please Help

Is it JUST the terms and conditions of Morgan Stanley and Barclaycard ?

The Morgan Stanley Dean Whitter one should have your name and address on really. Do the terms seem like they are from the right year ? When was the account opened ?

This MSDW one would have had to have been taken out between 1997 and 2004 I believe.

[nemesis45]

Re: CCA Please Help

I have seen Claim dismissed today for not having the original creditors name and address on the Ts & Cs, it had only the details of the company that had acquired the credit card brand, however the defendant was told that as they were aware of this "omission" the should have attempted some "negotiation " with the claimant,

[mk13]

Re: CCA Please Help

Hi Everyone, thank you for your help. Here is my situation. The RBS CCA has my name and address on the agreement, but difficult to read the TS & Cs, but I am thinking this is probably legit.
The Barclay card/ MSDW CCA has no name and address on the agreement (both) and Ts & Cs look complete.....I believe. I am thinking is not legit, going by what has been said earlier. MSDW is from 2004.

Anymore advice would be appreciated on how to proceed with Barclays.

Regards,

M

[MIKE770]

Re: CCA Please Help

load copy up minus personal details for peeps to look at

[mk13]

Re: CCA Please Help

Hi MIKE770, uploaded the paperwork and are on the first page lines of this thread. Thank you though.

[MIKE770]

Re: CCA Please Help

The terms & conditions look to be later ones as Default amounts show @ £12.00,!! which would mean not the T&Cs from inception!! as usual so many bits of paper always sent to proof/evidence, no doubt the ones I see are the latest they sent (update),

[nemesis45]

Re: CCA Please Help

Look at the requirements for a "Reconstituted Agreement" if any point is missing or faulty the recon fails to comply>

[mk13]

Re: CCA Please Help

Thank you guys. The reconstituted agreement does even have my name and address on them, so as far as I am concerned they are void. I am waiting to here from them with regards to my "Notice of assignment".
So this is where I am at:
RBS CCA looks legit, shame the Ts & Cs are too small to read very well, but waiting to here from my Notice of Assignment
Aktiv Kapital (Barclay card) CCA looks void, but waiting to here from my Notice of Assignment
Cabot (barclay card) never replied to my CCA, but sent them a Notice of Assignment

Aktiv Kapital and Cabot account on hold. RBS will deal with once they have responded to my NoA.

Is there anything else I could do in the meantime?

Any help would be appreciated.

[mk13]

Re: CCA Please Help

Hi Folks, need some help with the following reply from PRA Group. Not sure how to reply, I have uploaded a copies. Many thanks.

[FlamingParrot]

Re: CCA Please Help

Hi Folks, need some help with the following reply from PRA Group. Not sure how to reply, I have uploaded a copies. Many thanks.

PRA is the new name for Aktiv Krap...

First attachment clearly says the account is unenforceable, that's excellent news!!! :clap2: :clap2: :clap2: It's not every day they have the guts to admit it and put it in writing! :whoo:

You have removed the date on the letter so I can't tell when it was sent, however, I note they refer to the Office of Fair Trading's guidelines. The OFT has been defunct for nearly a year, since the FCA took over in April 2014!

Presumably the other two pages are the OFT's guidelines, which are as obsolete as the OFT itself! :ohwell:

I don't see any threat or even demand for payment so I'd be inclined to file away that letter and wait for the next one. As they say, *IF* they ever find the documents, then the account would become enforceable again. :flypig::flypig::flypig::flypig::flypig:

The last paragraph seems to refer to a SAR, did you ever send one to Aktiv Krap?

They refer to the Data Protection Act 1988, I wonder what Act they may be referring to, the one we all know and love is the DPA 1998: http://www.legislation.gov.uk/UKPGA/1998/29/contents :confused2: :noidea:

So they can't find the documents, they are sending copies of guidelines from an organisation that ceased to exist nearly a year ago and their Data Protection is 10 years behind! Is there an award for The Most Clueless Debt Purchaser Ever? If not, it's time we started one!

I don't think there's any reason for concern at the moment, other than if you are waiting for a SAR or have complained about non-compliance with one.

[mk13]

Re: CCA Please Help

Many thanks for your help FlamingParrot, the letter was received on Friday 20.02.15. Yes I sent a SAR to Aktiv Capital now PRA Group (you have to have your wits about you as these DCA keep changing names!) Also sent a SAR to Barclaycard ref same account. Barclaycard sent me info back (reams of data with payment dates, but not purchases, TBH there is too much info can not decipher all of it). Did not have anything with regards to PPI, which I was investigating, saying that, the data was incomplete as the card was previously with Sky.

Still not sure what to do next, even after with what you have told me, will this effect my future credit rating?

Many Thanks

[nemesis45]

Re: CCA Please Help

There is little point in sending a SAR to debt purchaser as debts are sold in bulk with the absolute minimum of detail which is why AK has to refer back to the original creditor.
If you want more detailed documentation a SAR should be sent to the original creditor.

nem

[mk13]

Re: CCA Please Help

Thanks Nem, only sent a copy of the letter to DCA, as I wanted to keep them in the loop and not chase me whilst waiting for a reply from the SAR sent to Barclaycard.

Thanks,

[FlamingParrot]

Re: CCA Please Help

Many thanks for your help FlamingParrot, the letter was received on Friday 20.02.15. Yes I sent a SAR to Aktiv Capital now PRA Group (you have to have your wits about you as these DCA keep changing names!) Also sent a SAR to Barclaycard ref same account. Barclaycard sent me info back (reams of data with payment dates, but not purchases, TBH there is too much info can not decipher all of it). Did not have anything with regards to PPI, which I was investigating, saying that, the data was incomplete as the card was previously with Sky.

You probably didn't get much from Aktiv Crap a.ka. PRAt Group since they don't get all the historical data such as statements, when they buy debts. At least you found out you were no paying PPI from the Barclays SAR.

Still not sure what to do next, even after with what you have told me, will this effect my future credit rating?

Many Thanks

There can only be ONE default recorded for each account, which drops off after six years, regardless of what you do, i.e. pay, not pay, dispute the account, etc. The only exception to this rule would be if they obtained a CCJ which isn't likely to be the case here, so, no, it wouldn't make any difference to your credit rating.

[FlamingParrot]

Re: CCA Please Help

Thanks Nem, only sent a copy of the letter to DCA, as I wanted to keep them in the loop and not chase me whilst waiting for a reply from the SAR sent to Barclaycard.

What letter did you send to PRA?