Hi I found this forum and sent the original 'prove it' letter and had a really vague response I think. The OC sent to the DCA re-constituted copy of the credit agreement which was a blank copy of the terms and and conditions and the cancellation rights. How does this prove anything? The DCA then says the the account has been terminated with Barclaycard and the full balance of £15,574 is the current outstanding balance and is due and needs to be paid in full. What at do I do now? Heeeeelp
Response From DCA after prove it letter
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Re: Response From DCA after prove it letter
Hi welcome to LB,
Which DCA is involved please? This will help to get the best advice.
A " reconstituted" agreement must have the following elements:
1. Your name and address as at the inception of the account.
2.The creditors details at inception.
3.All the T's & C's at both inception and closure of the account.
4. Any material amendments to the T's & C's during the life of the agreement.
5. Any other documents mentioned in the T's and C's e.g. Barclaycard send out
a booklet of Ts& C's when a card is issued.
Please if possible post a copy of what you have received here, remove any personal information.
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Re: Response From DCA after prove it letter
Hi!
Thanks for the swift response! The DCA is Link Financial. The cancellation notice did have my old address on it but in my married name (I was never married at that address??)
I'll try and attach the response.. Might have to add the next on a separate reply as it won't let me add anymore
S
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Re: Response From DCA after prove it letter
If you look up a case called HFO Capital Limited v Wegmuller you may see some similarities with your caseI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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Re: Response From DCA after prove it letter
Originally posted by pt2537 View PostIf you look up a case called HFO Capital Limited v Wegmuller you may see some similarities with your case
I have and and it is quite similar. How do I proceed with the DCA do I send a letter back? Ignore it? I'm still at a loss as how to proceed next.
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Re: Response From DCA after prove it letter
Originally posted by nemesis45 View PostHi do you have your own thread please?
I would not want to recommend a letter without some background.
nemDebt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagle
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