CABOT / BARCALYCARD CCA Request

[lc1983]

Hello,

I am new to this, so any help would be greatly appreciated.

I received a letter from Cabot about 3 years ago, stating I owed money on a Barclaycard account.

I sent off a CCA request a couple days later. Finally yesterday they posted what they say is the CCA. But looks more like a Application form! is this the same thing?

Thanks in advance!

[mr.ton]

Without seeing it printed up on here (excluding any personal details) then its hard to judge, but knowing the likes of Cabot, chances are it wont be the real thing.

Does it have your signature on?

Also, do you know when the last activity on this account was?

Was it over 6 years ago by any chance?

[ScabHunter]

A pre-contractural application form is not the same thing as an executed agreement, although Crapbot will probably pretend that it is.

 

Can you see if the prescribed terms are on the document?

 

SH

[lc1983]

Thanks!how do I post post the pic?I have scanned it but do not know how to upload it on to a post!

The form they have sent does have my signature on!

Not sure with regards to the six years, how would I find this out?

 

Thanks again!!

[lc1983]

Thanks,what would the prescribed terms look like and include?

[lc1983]

 

I have tried to upload above, not sure if this worked!

[lc1983]

CCA.jpg picture by lcol1983 - Photobucket

[vint1954]

Section 7 is covered up and too small to read.

 

On that form, must be ethe prescribed terms. Without them it can only be enforced by a court. These are:

 

1. Credit limit or how it will be determined.

 

2. APR, the interst rate.

 

3. Repayment schedule, how much you pay each month and when.

[lc1983]

So would you say that this is just the application form?and would this be unenforceable?what should I respond with!? Thanks

[vint1954]

So would you say that this is just the application form?and would this be unenforceable?what should I respond with!? Thanks

Well, an application form can be turned into an agreement under certain circumstances.

 

Has the document got the prescribed terms in it, as previously mentioned.

[lc1983]

All that's on it is what has been scanned!I can not see no mention of the apr, credit limit or payment frequency! Also how would I find out if it's statues barred?Thanks

[alfwithhair]

It took Cabot 3 years to reply to a CCA request?

What a joke.

If you have made no acknowledgment or made any payments an this debt in the last 6 years then it will be statue barred, (unless a CCJ is in force)

[lc1983]

I know!I thought it was all done with then received the above the other day!I don't know when the last payment was made!what would be my response to the above?they have asked me to phone to discuss !! Thanks

[Huff&Puff]

You can ignore them. Or you can try "put up or shut up" letter, and invite them to take you to court. Whatever you do, don't phone - that's what they really want you do do, so that they can try to bully you into paying.

[emandcole]

Theres a whole host of things you can do with this. Forgive me for being presumptious but I'm assuming you're new to this and unfamiliar with your rights as a consumer? I'd sit tight for now and let them chase you, don't enter into any phone conversations with them under any circumstance, do not send them anything with your signature on and be wary of their attempts to obtain it with various letters written to be in your favour that will get them your signature. I know they have it anyway but don't give them anything.

 

Use this time to read the forums here, learn about the prescribed terms and read the many examples posted. That's what the majority of us have done combined with personal interests in legal issues. I'd suggest reading the OFT literature available online too. This will tell you about the expected 'form and content' agreements have to abide by. Find the CCA Regulations for good advice. This will show you what you need to know.

 

An example is that many 'agreements' are not correctly termed according to the type of credit they offer. Most are dubbed Credit Agreements when a runnning credit account such as a credit card should really be entitled as a 'Credit Card Agreement'. Many times the terminology of an 'agreement' is incorrect such as using differing words to show the amount of credit you have. Should be 'Credit Limit' instead of 'Credit Value' or 'Credit Amount' for example.

 

These are all little things compared to the bigger points but are still valid. Rights of cancellation is another, often the creditor gets this wrong which is a breach of the consumer credit act. In essence there is a lot to read and learn but take your time, send questions where appropriate and above all don't panic.

 

Finally this forum does not advocate escaping debts and being irresponsible, it is here to enrich the knowledge of those to ensure they are treated in the manner the law has made provision for. As we know quite often the banks and particularly the DCA's behave in unscrupulous ways so learning where you stand is no bad thing. All the best

[ScabHunter]

This is the typical response to a Sharklycard CCA request.

 

The required document has not been retained by the original creditor. All that remains is this illegible microfiche copy. The fact that it is completely illegible renders it unenforceable, and it is almost certain that even if it had been legible, it would not have contained the prescribed terms.

 

It is Sharklycard's responsibility to retain the relevant paperwork. Due to laziness and a desire to cut costs to the bone, they have blatantly failed to do so. There are thousands of cases similar to this one. It is Crapbot's responsibility to ensure that any alleged debts they purchase come with the relevant paperwork. Due to the fact that they can bully so many people into donating money without paperwork, this is rarely a concern to them. On this occasion, it will be.

 

Needless to say, do not waste time with them on the telephone. They will use any such contact as an excuse to attempt to bully you, and you can gain absolutely nothing from it.

 

There is a letter template which specifically deals with this situation. I had it on my old PC, but that died before I could get everything off onto a flash drive. I am now trying to build up my collection again.

 

I will try a search, but if anyone else knows where the letter can be found, could they please post it here? 42man and cerberusalert are brilliant with letters.

 

SH

[mr.ton]

Enriching the knowledge of the consumer & escaping one's debts tend to go hand in hand i would assume?

[the_shadow]

For illegible documents I tend to use the following, pinched from this site somewhere :-

 

Dear ****/Rat/nasty person,

 

Thank you for your letter dated XXXXXX and the attached documents in response to my Statutory Requests for a true copy of the properly executed Regulated Consumer Credit Card Agreement in relation to my alleged Account. Unfortunately your response has not produced any evidence that the alleged Agreement is enforceable.

The alleged Agreement appear to be unenforceable for the following reasons:

 

1. The document is an Application Form and must carry the correct title if it is to be considered suitable as becoming an Agreement once properly executed. The missing Title being 'Credit Card Agreement Regulated by The Consumer Credit Act 1974.'

 

2. I am entitled to receive a true copy of the Agreement and such true copy must be easily legible. What you have sent is not a true copy, nor easily legible. It is hard to read due to poor quality copying of a copy.

This is contrary to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1) The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily

distinguishable from the .

(2) The wording of any Form prescribed by these Regulations shall be reproduced in copies of unexecuted or executed

agreements or in Notices of Cancellation Rights sent [by an appropriate method] under section 64(1)(b) or (2) of the Act

without any alteration or addition, except that--

(a) the creditor or owner may enter the name and address of the debtor or hirer in any Cancellation Form prescribed

by these Regulations; and

(b) every Form shall be completed in accordance with any footnote.

(3) Any such footnote shall not be treated as part of any Form prescribed by these Regulations and may be reproduced

in addition to any such Form.

(4) Where any such footnote requires any words to be omitted, those words shall be omitted or deleted.

 

3. The Agreement must contain the prescribed terms within the four corners of the Agreement, the alleged Agreement does not have the prescribed terms within the four corners and furthermore no where on the front is there any reference to terms and conditions being on the reverse.

 

You should be aware that a creditor is not permitted to take ANY

action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

 

If you have the original of my alleged Agreement available I request that I be allowed to view it at your offices so I can verify it as the alleged document that I signed.

 

I must also remind you that any court action you may choose to take would require you to produce the original of the alleged Agreement.

 

I look forward to hearing from you within the next 7 days.

 

Until such time as you comply with my Statutory Requests, this alleged Account remain in dispute.

 

Yours sincerely

S.

[mr.ton]

Not that i or CAG endorses debt avoidance whatsoever/in any way shape or form....

[ScabHunter]

That letter courtesy of The Shadow is not one I had in my files anyway, so I suspect it is of very recent vintage.

 

It will suit the needs of this case perfectly.

 

It is a disadvantage that you do not know when the last payment or written acknowledgment of the alleged debt occurred. Without this information, you will not know on which date the alleged account becomes statute barred.

 

You can send a subject access request to the original creditor to find this out, but there will be a £10 charge for doing so. The SAR could also show you whether a compliant default notice was ever issued prior to termination.

 

There is always a slight risk that this SAR could bring up a compliant agreement, but with Sharklycard it is extremely unlikely.

 

In the end, it is your call. A lot depends on your overall situation which only you know, and it also depends on whether or not you have any rough idea when the last payment might have been.

 

SH

[lc1983]

They did phone me with regards to this about a month ago, asking for payment!I said I had no knowledge of this debt and was still waiting a reply from my cca request!the guy who I spoke to said my last payment was 2003, but forget the exact date! Thanks for all your replies!!

[Huff&Puff]

In that case, it is either Statute Barred already, or on the verge of it. My advice is to ignore them completely for the next few months to make certain, and then send the Stat Barred letter.

[vint1954]

They should provide a statement of account with the s78 request

[lc1983]

Hello, I have now recieved the following letter . Now what do i do?

[Huff&Puff]

Ignore them, then ignore them some more. It is part of their standard operating procedure to bombard you with silly letters.