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Requested CCA, received terms and conditions


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Hi everyone,

 

I have a debt dating from around 1995. I have been paying monthly ever since to a debt collecting agency. I had a default on my credit reference for this debt for 6 years, which eventually fell away.

 

As I am fairly sure I must have paid off a great deal if not all of the original debt, I recently I sent a S77/78 CCA request asking for a copy of my original agreement and a statement. After 6 weeks, they sent though an illegible copy of a single page headed "Barclaycard Conditions of Use" (no reference date) and a letter stating:

 

"I would like to bring your attention to the Office of Fair Trading, who have stated that a copy of the terms and conditions of the account without the customers signature is sufficient to comply with a reuest for a copy agreement".

 

I have two questions:

 

1. Is this correct and do they only have to supply me with a copy of some miscellaneous conditions of use to prevent the debt being in dispute, thus allowing them to continue to harrass me?

 

2. Are they able to put another default on my credit reference account if they already put one on in 1995?

 

I am aware they would be unable/unlikely to take me to court without an original agreement, but I wouldn't want to screw up my perfectly good credit rating. I don't, however, want to keep paying them if I have no idea how much I owed in the first place and what the balance is. I have never received a statement from them.

 

I am aware this question has been asked before, I have tried to find the answer on the forum but there is so much info, I get lost in threads!

 

Thanks for your help

 

Olddebts

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Hi everyone,

 

I have a debt dating from around 1995. I have been paying monthly ever since to a debt collecting agency. I had a default on my credit reference for this debt for 6 years, which eventually fell away.

 

As I am fairly sure I must have paid off a great deal if not all of the original debt, I recently I sent a S77/78 CCA request asking for a copy of my original agreement and a statement. After 6 weeks, they sent though an illegible copy of a single page headed "Barclaycard Conditions of Use" (no reference date) and a letter stating:

 

"I would like to bring your attention to the Office of Fair Trading, who have stated that a copy of the terms and conditions of the account without the customers signature is sufficient to comply with a reuest for a copy agreement".

 

I have two questions:

 

1. Is this correct and do they only have to supply me with a copy of some miscellaneous conditions of use to prevent the debt being in dispute, thus allowing them to continue to harrass me?

 

They can try to get away with this but if they tried to enforce the agreement in a court they would look very silly

 

2. Are they able to put another default on my credit reference account if they already put one on in 1995?

 

NO

 

I am aware they would be unable/unlikely to take me to court without an original agreement, but I wouldn't want to screw up my perfectly good credit rating. I don't, however, want to keep paying them if I have no idea how much I owed in the first place and what the balance is. I have never received a statement from them.

 

Have you thought about sending a Subject Access Request?

 

I am aware this question has been asked before, I have tried to find the answer on the forum but there is so much info, I get lost in threads!

 

Thanks for your help

 

Olddebts

 

It does no harm to name and shame the DCA :D We like it!

 

With a SAR, you will get back(or should do) all the info BC have on the account. If you decide that's the route you wish to go, let us know and we'll help with the letters.

 

fox

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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What Type Of Allged Debt Was It

 

Credit Card Loan Hp

 

 

Any Charges Etc

 

Did They Sent You A Statment Of Account

 

Did You Send You Have Failed Letter.

 

Regards Lilly

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

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you know that sounds very much like credit solutions ?

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Robinson Way (but aren't they all as bad as eachother?)

 

It was a credit card. Haven't had a statement in 13 years, just the occasional balance and threats. I will send a "you have failed" letter and then ignore them.

 

Thanks for everyone's input.

 

Oddebts

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Robinson Way (but aren't they all as bad as eachother?)

 

It was a credit card. Haven't had a statement in 13 years, just the occasional balance and threats. I will send a "you have failed" letter and then ignore them.

 

Thanks for everyone's input.

 

Oddebts

 

robbers way, failed again,:lol:so so predictable.

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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I'm dealing with Lowell for a similar old debt too, but they really surprised me by sending a letter saying 'can't find the agreement, we're closing your file'. We thought they would fight like Robinson Way.

 

Moorcroft said, and I quote "The ICO hs confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the Consumer Credit Act, this does not mean that there was no enforceable agreement. Our client will continue to report the conduct of your account to the various credit reference agencies..." As the account is no longer listed with any credit reference agency, and hasn't been for years, I decided to ignore this too.

 

Its just Robinson Way who are really kicking up rough.

 

Olddebts

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I'm dealing with Lowell for a similar old debt too, but they really surprised me by sending a letter saying 'can't find the agreement, we're closing your file'. We thought they would fight like Robinson Way.

low lifes tend to fall at the first hurdle:lol:

Moorcroft said, and I quote "The ICO hs confirmed that whereas a debtor is not obliged to repay the account due to the provisions of the Consumer Credit Act, this does not mean that there was no enforceable agreement. Our client will continue to report the conduct of your account to the various credit reference agencies..." As the account is no longer listed with any credit reference agency, and hasn't been for years, I decided to ignore this too.:D:D:D

 

Its just Robinson Way who are really kicking up rough.

kick back harder.cag style:smile:

Olddebts

 

SAM:pLOWELL DETESTER

SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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