Hi thanks to a member on here telling me to CCA Barclaycard I am looking for help.

What makes it unenforceable I keep looking and some people say they have to produce original paperwork, others say they can send a revised one, being taken out in 1999 does it need to show my signature?

Any help would be more than appreciated. X

If you've received response, please post it here in pdf format redacting personal identifiers.

I have only just sent it off so I am just trying to get a bit of knowledge/information

moved you to the BC forum

it will HAVE to be a full copy of the original signed agreement for a CCA of 1999

they cant use a recon its pre 2007 rule change.

use the search CAG box of the top red toolbar.

Barclaycard CCA return

or alike

Right ok so if memory serves me correctly it was on the back of a leaflet when I applied through the post! It was a very long time ago. I read somewhere else this afternoon they can use a recon one but perhaps that was for one not as old as mine? I am not expecting them to be helpful!

that would have been an application form not the agreement

they would have then sent 2 copies of the actual agreement for you to sign and sent one back

but anyway they don't ever produce any signed agreements not even for DCA court cases.

yes they could use a recon, but again BC don't bother

For a 1999 compliant one, theres a ton of info theyd need to include in their response. It's likely they wont have all the info needed, or theyll just say they dont have the agreement. That doesnt mean youll be able to keep spending without them doing anything, as if you still have the card and use it, a judge will see that.

So if they don’t produce them what does that mean.... sorry if you think I am being thick but this is all new to me?

I have not used the card in over a year so there is no spending

Then relax. BC do backup their agreements, but it takes them a long time to find and fulfil them, if they ever do. Theyre usually on microfilm in a warehouse.

I have posted my CCA request but a few days ago I sent BC a letter as I had made an offer for lower payments what do I do if they accept lower payment... pay until they come back to me on CCA?

You do NOT offer any payments until they comply with the CCA request. If they do accept your offer, just ignore the letter, as without a fully compliant CCA response, they have zero chance of enforcing it legally. All they can do is ask you to pay and keep an accurate record on your credit file.

he was paying he should continue till confirmed un-en.

This is where it’s confusing me as I just started a self

Managed DMP so I sent a letter with an offer.... I then learnt about CCA .....

but you were paying them already and have yet to miss a contractual payment?

I have missed three payments but now I have started a dmp I have just sent off a letter a few days ago offering them a payment

Thank you x

then don't restart.

see what the CCA brings

Hi I really need help!

Barclaycard have replied saying I have to pay it!

However it is a barclaycard taken out in 1999 therefore I was under the impression that they needed to provide my signature ?

I have no idea what I am doing with this so would appreciate help!

They have sent a letter enclosing a reconstituted copy of CCA and a copy of the terms that is it!

What do I do?

Thank you

Also the reconstituted CCA is in my married name when I took the card out I was my maiden name does this affect anything?

When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:

a. must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or

b. can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?

It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.

The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act.

The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):

1. Heading: Credit Agreement regulated by the Consumer Credit Act 1974

2. Name and address of the debtor

3. Name and address of the creditor

4. Cancellation clause applicable to the executed agreement.

All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.

The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.

In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality.

The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.

Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?

A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.

Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form?

The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.

Andy

So the fact my name is wrong actually works in my favour? What do I do now?

Well thats a choice for you to make in the knowledge that...

a) They cant comply and supply the fully original executed agreement as per section 78

b) What they have supplied IE the reconstituted version is not enforceable in a court and they remain in default of your section 78 request.

We do not advocate debt avoidance ...but the above is the Legal stance should they ever decide to assign the debt to a DCA or litigate on the debt themselves.

Andy

Please scan up what they have sent

One multipage pdf only please

Hello yes I will do I will upload as soon as I can ...... Andy thank you for your comments but I am struggling to follow what you have said in the initial post it reads that what they have sent could be correct in parts but then in your second comment you mention it may not be enforceable? I am sorry if I appear thick but can you please explain?

Must be fully compliant

Lets see it first

Hello yes I will do I will upload as soon as I can ...... Andy thank you for your comments but I am struggling to follow what you have said in the initial post it reads that what they have sent could be correct in parts but then in your second comment you mention it may not be enforceable? I am sorry if I appear thick but can you please explain?

Its not in your maiden name...therefore its unenforceable and none compliant

I have attached the paperwork that I sent......

I have limited knowledge but looking at this all I can perhaps find wrong so to speak is:-

They have sent ithe reconstituted CCA out in my married name and I was not married in 1999

There is no signature of mine anywhere.

I look forward to hearing from you.

That was what I thought!

The letter is fine in my married name but the reconstituted agreement surely should be in my maiden name when I took it out

- can they send me out another and pretend they just made a mistake?