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Sharklycard have set about me with a debt company called Moorcroft, I have been of work ill for some time, however I do hope to return in the near future. I wrote to Sharklycard and explained my situation and asked for time and their understanding/assistance until I could return to work, but they have set Moorcroft on to me, who keep sending me threting letters, please can anyone advise or help me, thank you Odessa.

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is it a credit card? did they send you a default notice? was their a notice of assignment? has the account been sold to them (moorcorft), if so was their a termination notice?

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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send barclaycard a s78 request with a one pound postal order, recorded delivery keep copy of ltter

 

if you have a current account at barclays change to another bank

 

then post up what you get back in response to the s78 request- is suspect you wil get a pleasant surprise

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Diddydicky, thank you for your reply, I am not sure what s78 request is and how it works?. I have been of work for a period of time and I am still of work with ill health. I have had my wages reduced and I can not keep up with my card payments, I asked sharklaycard to except a token payment and if they could freeze the interest until I returned to my job and could start payments again. But, they did not want to know, first they set Mercers on to me and now they have set Moorcroft debt recovery on to me, it is very worrying and is making me even more ill, if you could expand and give me more detail of your advice, I would be most grateful. What ticks me off, is I have said I will try and want to honor my debt to them, but I just cannot afford what they want monthly, the account I have with them is a platinum card, but no bank account with them. Thanks again Odessa

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Section 78 request is a CCA rrequest, where you requesting a true signed copy of your original credit agreement. Failure to compile with your request within 12 days + 2 days for postage puts them (not you) in default on the account and as such you are entitled to withhold payment and they can not cotinue to pursue you for the debt until they do send you a valid copy. once you have a copy, post it up on here (remove person details and account/reference numbers) and we can then tell you if it fully complies with the section 78 request, as it has to be inline with section 78 of the consumer credit agreement to be valid. Also a non valid agreement will result it them being in default to your request. in both cases without a CCA inline with section 78 they can not enforce the debt and neither can a court.

 

Heres they letter you should send them amend where required

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are NOT to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

Use a computer based font to sign your name. Never sign it in writing as they are known to lift your signiture and use it to falsifiy signed copies of the CCA and other documents.

 

 

Hope this helps.

Edited by teaboy2
spelling grammer

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Thank you teaboy2, its a platinum visa card I have with them, but no bank account. I have had two letters from Moorcroft, the second being a reminder. The first letter refers to them being an agent of Barclaycard, they have told me what the balance outstanding is and they want a payment full. there is a 1%rate per month on my outstanding balance, I no longer have payment protection, but I did not anyway, they are going to pass my information the credit reference agencies because I not paid and I must contact them within 28 days to arrange payment/s. There is no mention from Moorcroft of a default notice, or a notice of assignment or termination notice, although I am not totally shore what they look like of are presented, as far as I can see they are letters demanding payment on behalf of sharclaycard, oh and they said to destroy my cards and I will not receive any further statements, but I have, it just make me sick inside, if you could expand further with your advice I would be most grateful, thank you again teaboy2, Odessa

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Thank you teaboy2, its a platinum visa card I have with them, but no bank account. I have had two letters from Moorcroft, the second being a reminder. The first letter refers to them being an agent of Barclaycard, they have told me what the balance outstanding is and they want a payment full. there is a 1%rate per month on my outstanding balance, I no longer have payment protection, but I did not anyway, they are going to pass my information the credit reference agencies because I not paid and I must contact them within 28 days to arrange payment/s. There is no mention from Moorcroft of a default notice, or a notice of assignment or termination notice, although I am not totally shore what they look like of are presented, as far as I can see they are letters demanding payment on behalf of sharclaycard, oh and they said to destroy my cards and I will not receive any further statements, but I have, it just make me sick inside, if you could expand further with your advice I would be most grateful, thank you again teaboy2, Odessa

 

Dont worry about any of that just yet just send of the CCA request. i dont believe they can continue to add interest onces its been passed onto a debt collector anyway. So more likley its the DCA adding their own charges which they arnt allowed to do. But we need to ascertain if the DCA own the account or not, so it will be worth while calling the bank and asking them to confirm who now owns the account. once you done that get back to us to here to let us know and we can help you with everything else you need then. DO NOT call the DCA as they are pricks and youll never get a proper answer out of them let alone a truthful one.

 

if it turns out the DCA had bought the debt then you got them and the bank by their balls and you can squeeze real tight too lol.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Thank you V-John 82, its a platinum visa card I have with them, but no bank account. I have had two letters from Moorcroft, the second being a reminder. The first letter refers to them being an agent of Barclaycard, they have told me what the balance outstanding is and they want a payment in full. There is a 1% rate per month on my outstanding balance, I no longer have payment protection, but I did not anyway, they are going to pass my information the credit reference agencies because I have not paid and I must contact them within 28 days to arrange payment/s. There is no mention from Moorcroft of a default notice, or a notice of assignment or termination notice, although I am not totally shore what they look like of are presented, as far as I can see they are letters demanding payment on behalf of sharclaycard, oh and they said to destroy my cards and I will not receive any further statements, but I have, it just makes me sick inside, if you could expand further with your advice I would be most grateful, thank you again V-John 82, Odessa. Oh, no I do not have anything I can scan at the moment, but what I have put above is what is said in the main letter. What sort of things would I need to scan?

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Diddydicky, thank you for your reply, I am not sure what s78 request is and how it works?. I have been of work for a period of time and I am still of work with ill health. I have had my wages reduced and I can not keep up with my card payments, I asked sharklaycard to except a token payment and if they could freeze the interest until I returned to my job and could start payments again. But, they did not want to know, first they set Mercers on to me and now they have set Moorcroft debt recovery on to me, it is very worrying and is making me even more ill, if you could expand and give me more detail of your advice, I would be most grateful. What ticks me off, is I have said I will try and want to honor my debt to them, but I just cannot afford what they want monthly, the account I have with them is a platinum card, but no bank account with them. Thanks again Odessa

 

there you go, teaboy beat me to it 9thanks teaboy)

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Thank you teaboy2, its a platinum visa card I have with them, but no bank account. I have had two letters from Moorcroft, the second being a reminder. The first letter refers to them being an agent of Barclaycard, they have told me what the balance outstanding is and they want a payment full. there is a 1%rate per month on my outstanding balance, I no longer have payment protection, but I did not anyway, they are going to pass my information the credit reference agencies because I not paid and I must contact them within 28 days to arrange payment/s. There is no mention from Moorcroft of a default notice, or a notice of assignment or termination notice, although I am not totally shore what they look like of are presented, as far as I can see they are letters demanding payment on behalf of sharclaycard, oh and they said to destroy my cards and I will not receive any further statements, but I have, it just make me sick inside, if you could expand further with your advice I would be most grateful, thank you again teaboy2, Odessa

 

are you saying that they have demanded you pay the full outstanding balance of the account (not just the outstanding arrears?)

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  • 2 weeks later...

Teaboy2, I sent the letter you provided with a £1 postal order, the only response I have had to date is the following letter from Moorcroft;

 

Dear*********

 

We acknowledge receipt of your £1.00 payment. However, it is essential that we have an agreed future payment arrangement and therefore we must ask you to contact this office within the next 48 hours.

 

Failure to respond to this request may leave us with no alternative but to recommend to our client that they instruct their solicitors to commence legal proceedings against you without further notice. yours Moorcroft

 

 

Do you think there is anything particular about their response, as I am still waiting for them to provide me with the documents requested in the first letter, many thanks for your help to date, Odessa

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Teaboy2, I sent the letter you provided with a £1 postal order, the only response I have had to date is the following letter from Moorcroft;

 

Dear*********

 

We acknowledge receipt of your £1.00 payment. However, it is essential that we have an agreed future payment arrangement and therefore we must ask you to contact this office within the next 48 hours.

 

Failure to respond to this request may leave us with no alternative but to recommend to our client that they instruct their solicitors to commence legal proceedings against you without further notice. yours Moorcroft

 

 

Do you think there is anything particular about their response, as I am still waiting for them to provide me with the documents requested in the first letter, many thanks for your help to date, Odessa

 

its upto you if you ignore their response or not, but if it was me i would send them the letter below. That way you will have made your stance clear and they will know that you are well aware of your legal rights. Also now they are in default they know they cant take any action against you to enforce the debt.

 

 

Address

 

ACCOUNT IN DEFAULT

 

Account Number:

 

Date:

 

Dear Sir/Madam

 

I refer to your letter dated (date) in which you had clearly ignored my formal request under S.78(1) of the Consumer Credit Act 1974, instead choosing to use the satutory fee as payment towards the disputed debt. As a result, i here by inform you that you have failed comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note that the Credit Services Association, in the first paragraph of its Code, state that members must act lawfully at all times. Furthermore, under the CPUTR 2008 failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee, in which you unlawfully used as payment towards the disputed debt, without delay.

 

 

Yours faithfully.

 

Then see what their response will be to that.

 

P.S. enclose a copy of the CCA request you sent them.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Teaboy2, I sent the letter you provided with a £1 postal order, the only response I have had to date is the following letter from Moorcroft;

 

Dear*********

 

We acknowledge receipt of your £1.00 payment. However, it is essential that we have an agreed future payment arrangement and therefore we must ask you to contact this office within the next 48 hours.

 

Failure to respond to this request may leave us with no alternative but to recommend to our client that they instruct their solicitors to commence legal proceedings against you without further notice. yours Moorcroft

 

 

Do you think there is anything particular about their response, as I am still waiting for them to provide me with the documents requested in the first letter, many thanks for your help to date, Odessa

 

 

That's what I call their 'oh crap not another on that's been on CAG' response. It is designed to test your confidence in what you are doing with the CCA request. That's all.

 

I would go along with what teaboy advises

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  • 1 month later...

diddydicky, quick up date and could do with further advice. as you know I have been of work through ill health and I have two credit cards with sharklycard. I have written several times to sharklycard explaining my situation and I have offered to pay a reduced sum for the time being and asked them to freeze the interest, but this was to know avail. They then instructed two seperate debt firms to pursue me. I did as you advised and sent the consumer credit act letter for 1974 with a one pond postal order. As was predicted I recieved several threatening letters and then letters saying they had passed my files back to sharklycard. The debt agents did not provide me with what was requested in the consumer credit letter and the time allowed elapsed. However about two weeks after the elapsed time sharklycard did send a letter and a one sided photocopy which had two titles, these being our agreement a copy for your records and Barclaycard conditions and use. In their letter they mention the consumer credit act for 1974, it also states my accounts are in a recovery programme and it also refers to the civil procedure rules and quotes section 31.16 and 48.1(2) of the CPR. Unfortunetly I cannot scan these documents, but if needed I could type them word for word and post them, the photocopy appears to be a standard copy of Barclaycards agreement and conditions of use. It is very hard to make heads or tails of all this and I have been thinking about writing to them again and looking into a debt management company to help, what could you advice and what do you think, again thank you for your time, patience and kind assistance, yours Odessa

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does it say anything anywhere connecting the terms and conditions to an agreement signed by you. Do you have an idea of what an CCA agreement should look like cos if not i can find some and post links to the theards that contain them.

 

From you have described thouhg it sounds to me as though they have just sent you a letter and then a copy of terms and conditions which are probably you current terms and conditions for the use of the card.

 

So yes please type on the letter and also give a fuller description to anything else they sent you along with the letter and terms and conditions. Then we can go from there

 

Of if you have a digital camera take a picure of all the other documents and upload to your computer that way.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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diddydicky, quick up date and could do with further advice. as you know I have been of work through ill health and I have two credit cards with sharklycard. I have written several times to sharklycard explaining my situation and I have offered to pay a reduced sum for the time being and asked them to freeze the interest, but this was to know avail. They then instructed two seperate debt firms to pursue me. I did as you advised and sent the consumer credit act letter for 1974 with a one pond postal order. As was predicted I recieved several threatening letters and then letters saying they had passed my files back to sharklycard. The debt agents did not provide me with what was requested in the consumer credit letter and the time allowed elapsed. However about two weeks after the elapsed time sharklycard did send a letter and a one sided photocopy which had two titles, these being our agreement a copy for your records and Barclaycard conditions and use. In their letter they mention the consumer credit act for 1974, it also states my accounts are in a recovery programme and it also refers to the civil procedure rules and quotes section 31.16 and 48.1(2) of the CPR. Unfortunetly I cannot scan these documents, but if needed I could type them word for word and post them, the photocopy appears to be a standard copy of Barclaycards agreement and conditions of use. It is very hard to make heads or tails of all this and I have been thinking about writing to them again and looking into a debt management company to help, what could you advice and what do you think, again thank you for your time, patience and kind assistance, yours Odessa

 

you can pick up a scanner or 5 or 10 quid on e bay or in your local paper,download photobucket or tiny pics then you can scan up documents

 

we really need to see them

 

also need to see the letter demanding you pay the full balance of the account

 

dont worry about the s78 request- they acknowledged receipt which was kind (stupid) of them so they remain in default all the time they do not comply and it is not for you to keep chasing or reminding them of their obligations- if they dont know them then their ccl is at risk.

 

you really need to get the docs posted up but it looks good at the moment

 

also, if you can afford around 80 a Truecall is going to make life a lot easier dealing with these people.

 

if not do NOT give any security details or discuss with them if they or their minions telephone you

 

PS golden rule no 2 - keep ALL inbound envelopes and attach them to the back of the letters, mark the date of receipt IN PENCIL on the envelope

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I couldn't agree more... if you want to get the best out of this site, and the benefit of proper advice from us forum members, you need to "invest" in a scanner.

 

They are cheap enough nowadays and really help us understand your situation more.

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Diddydicky pleas find below a word for word copy of what I received from sharklycard and this is the latest correspondence I have had from them.

Reference section 78 of the consumer credit act 1974

I write further to your letter requesting a copy of your executed agreement for the above account.

The information we must provide to you under the terms of section 78 prescribed by the consumer credit 1974 and by the consumer credit (cancellation notices and copies of documents regulations 1983.

Under section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

Please find enclosed a copy of your executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.

As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your recovery team or debt management agency.

With reference to the civil procedures rules (the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer automatic entitlement to documents before proceedings start. CPR 31-16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence- and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result (CPR 48.1(2).

While there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

This completes our obligation to you under section 78 of the consumer credit act 1974.

The following list is what is contained on the A4 photocopy I received.

Credit agreement, Your right to cancel, Terpretation, Credit limit and charges, Repayments.

Statements, Withdrawal- card and cheques, Safekeeping, Termination. General info, Variation of this agreement, Payment protection plan.

I believe this is just a standard photocopy of their/our agreement.

Again many thanks for your assistance and help, Odessa. Ps, any copies of CCA from teaboy2 would be helpful + I will look into buying scanner this week, thank you again

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Hi

 

Heres one example of a invalid CCA http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/187181-halifax-final-decision-letter.html (click on link in first post of the thread) Note they have only provided the application form but no prescibed terms and conditions to that threads poster.

 

You'll also find many threads in the debt collection forum about CCA's which most contain images of CCA's in which the majority are invalid. Unfortunately i dont have the time to link to more, but you'll soon find a cart load upon looking through the threads listed with CCA mentioned in the titles on the forum.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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Diddydicky pleas find below a word for word copy of what I received from sharklycard and this is the latest correspondence I have had from them.

Reference section 78 of the consumer credit act 1974

I write further to your letter requesting a copy of your executed agreement for the above account.

The information we must provide to you under the terms of section 78 prescribed by the consumer credit 1974 and by the consumer credit (cancellation notices and copies of documents regulations 1983.

Under section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

Please find enclosed a copy of your executed agreement. This is a statement of the terms of your agreement with us and incorporates any variations to the terms made since you entered into the agreement. However, the interest rates have been omitted and the fees and charges have been suspended and are no longer applicable due to the current status of your account.

As your account is now in a recovery programme, further information relating to the current state of your account can be obtained directly from your recovery team or debt management agency.

With reference to the civil procedures rules (the CPR). We have provided you with sufficient information to allow you to understand our position. The CPR does not confer automatic entitlement to documents before proceedings start. CPR 31-16 provides that a party may apply to the court for pre-action disclosure in certain limited circumstances, which do not apply here. The application must be supported by evidence- and the usual order is for the applicant to pay the costs of the application, including the respondents costs, together with the respondents costs of complying with any order that is made as a result (CPR 48.1(2).

While there is no formal obligation on our part to provide documentation in answer to validation of debt correspondence, we have undertaken steps to provide you with the contractual terms under which your financial obligations arise and a statement of account.

This completes our obligation to you under section 78 of the consumer credit act 1974.

The following list is what is contained on the A4 photocopy I received.

Credit agreement, Your right to cancel, Terpretation, Credit limit and charges, Repayments.

Statements, Withdrawal- card and cheques, Safekeeping, Termination. General info, Variation of this agreement, Payment protection plan.

I believe this is just a standard photocopy of their/our agreement.

Again many thanks for your assistance and help, Odessa. Ps, any copies of CCA from teaboy2 would be helpful + I will look into buying scanner this week, thank you again

 

usual nonsense

 

as i said get yourself a scanner and lets see what the agreement looks like

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  • 1 month later...

Diddydicky and teaboy2, I have attached to this message a copy of what Barclaycard sent me when I requested a copy of my original agreement, I hope it has worked? Apart from this document they have bombarded me with letters through Moorcroft asking for payment and possible court action, its just a living nightmare. Any advice on the attachment would be helpful, THANK YOU Odessa

mtec1.pdf

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this certainly is not a copy of an executed agreement, where is your name and adress, your account no etc, if your agreement has been varied requiring a modifying agreement, then under a sec78 request, they have to supply the original agreement, and this certainly isnt it

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