so tough luck for them

until/unless an enforceable agreement from them appears ...no payments..write nothing more to them

OK guys - I think I have some great news, do not wish to celebrate until you people can confirm.

I have finally received my paperwork from Barclays re SAR - hundreds of pages and NOT a single agreement anywhere - re this loan - I only have the INITIAL offer letter, now the exciting bit.

due to being at work I am unable to post a copy of the account notes and account changes (1page),

however, it shows new status of 'Debt Sale Account' where old status was Agency write off

- I presume that is when they sold it to Crapbot, it looks like it has gone through various stages DCA Case Closure, D.C.A. Write Off Prime

on the account notes - I see an entry from 06/11/17 - it reads as follows:

debt sale customer requesting for agreement - due to age of account, unable to provide the details

I presume this is crapbot asking for copy of agreement in response to my CCA to them, they have already told me they do not have it and will reach out to OC.

I now believe - this debt is totally UNENFORCEABLE

please confirm my next actions

1. file all paperwork and wait 6 years for SB

2. ignore future correspondence from Crapbot

3. make donation for all the help and advice you have provided

4. have a drink to celebrate

What month in 2007 did you take the agreement and when was it live ? If its pre April then 1-4 above apply if post April then they could always knock up a reconstituted version of the agreement .

https://www.consumeractiongroup.co.uk/forum/showthread.php?472962-DMP-with-Fee-Paying-Gregory-Pennington-DMC-looking-for-alternative./page3

Andy

Andyorch - I will post exact details of loan date tomorrow (at work ATM)

Maybe I misunderstood but thought that under the pre action protocol reconstituted version was no longer allowed,

section 2 - 3.1 - a - iv - where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor.

if DCA does not have copy of the agreement, how can they prove one even existed or what date it was taken out.

am now worried crapbot may be planning something as also on the notepage that I have -0711/17 (one day after requesting agreement) there is a note saying - debt sale - mail recd from colleague stating please confirm total amount paid to you by the customer, replied total amount paid by the customer was £***.**

I guess my celebration is on hold for a bit

" Maybe I misunderstood but thought that under the pre action protocol reconstituted version was no longer allowed,

section 2 - 3.1 - a - iv - where the debt arises from a written agreement, the date of the agreement, the parties to it and the fact that a copy of the written agreement can be requested from the creditor."

Not true a reconstituted will suffice providing its accurate and a true copy and your agreement was post April 2007...pre April they will require the original.

by accurate - I assume they need the exact date it was taken out, the interest rate applied at the time and the actual type of loan, I will need to re read the offer letters when I get home, but have noticed a couple of strange things, ie, interest and the type of loan.

will revert tomorrow

thanks again

It must be mirror like...even down to your address at the time of inception

Loan was agreed post Apr, am I correct in saying that Barclays are not allowed to send my personal correspondence to Crapbot, ie a copy of the initial offer letter, without the details stated in the offer letter and no agreement,

I do not see how anyone can reconstitute an agreement without knowing the exact amount, interest rate or agreed terms for payment.

is it worth sending a letter to Crapbot advising they have not complied fully with my CCA and I now consider this debt unenforceable and closed ?

Nahhhh...sit tight and see if they issue a claim......then fight...forearmed is forewarned.

Andy

thanks Andy - guess my celebrations are now on hold

I was re-reading my correspondence over the weekend and have a further question around DCA reconstituting CCA.

the original response from cabot in response to my CCA request, clearly informs me that they do not have this information on file and they have to request copy of credit agreement, statement of account and original and varied T&C from original lender.

as mentioned above - the SAR I have from Barclays clearly states they had a request from DCA (6th Nov 17) which they advised unable to comply as no information on file as an old account.

surely due to the above, if they reconstitute an agreement, that would not be in compliance on the basis that they have no idea what the original agreement contained ?? and that would be defence enough if they went for CCJ

reply from cabot was on he 18th Oct last year and heard nothing since from them.

it'll go nowhere near a court

I was re-reading my correspondence over the weekend and have a further question around DCA reconstituting CCA.

 

the original response from cabot in response to my CCA request, clearly informs me that they do not have this information on file and they have to request copy of credit agreement, statement of account and original and varied T&C from original lender.

 

as mentioned above - the SAR I have from Barclays clearly states they had a request from DCA (6th Nov 17) which they advised unable to comply as no information on file as an old account.

 

surely due to the above, if they reconstitute an agreement, that would not be in compliance on the basis that they have no idea what the original agreement contained ?? and that would be defence enough if they went for CCJ

 

reply from cabot was on he 18th Oct last year and heard nothing since from them.

Retain all the paperwork safely especially the ...." I have from Barclays clearly states they had a request from DCA (6th Nov 17) which they advised unable to comply as no information on file as an old account."

Andy

I have a separate file box with sections for each of the creditors, CCA requests, DCA and or OC replies.

SAR is broken down into each type of account - and I will make notes on the crapbot file to refer to SAR request for proof.

I guess I just wait to see if crapbot do try to issue any threats in time to come and be ready with my proof

tks again guys - especially like DX confidence