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barclaycard Mercers.Offsetting Query.

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My friend J requested a c.c.a after I told her too. The guts of her letter states:

"Due to circumstances beyond our control, we no longer hold a copy of your executed agreement. Regulation 9 of CNC Regulations confirms that, in these sircumstances, for accounts opened before 19 May 1985 (such as yours) the copy agreement we provide may comprise an easily legible statement of the current terms of the agreement. I enclose a reconstituted copy of the terms of your credit agreement as varied in accordance with section 82 (1) of the act. However, the interest rates, fees and charges set out in the agreement, may differ from those we have discussed with you, due to the current status of your account.

A statement of your account is below.

(It then sets it out)

I am fully satisfied that the sum outstanding by you remains legally due and payable. You should continue to repay the outstanding balance owed on your account in accordance with the terms of your credit agreement.

This completes our obligations under 78 of the Act.

Yours

Stephen Jordan


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What letter do we reply with now someone?


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They have satisfied the request as the say, BUT the requirement for a reconstituted agreement is that ALL the data should be that of thye original agreement eg interest rates etc., you could challenge on that.

 

This situation is one that would need a judge to decide the validity of the debt.


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I had this problem a few years ago with bc, theyr full of rubbish. Ive heard nothing since around feb 08, when i sent them a letter asking if they had the original agreement, bearing in mind the cputr regs.

Not heard a thing since, though im getting the feeling theyr waiting for me to finish paying off my overdraft, then transfer the cc to that.


question everything!

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I think the pre court action protocols weighs very heavily in her favour. They have to provide a lot?


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