madmurdo1 -v- Barclaycard

[madmurdo1]

After asking Barclaycard for a copy CCA and receiving a copy application form, I have now sent them a SAR request, am I right in assuming that if as I suspect they do not have a properly executed CCA, under the guidence of the OFT consultation document the must indicate when they reply that this agreement is unenforceable? or will I have to then send another CCA request at which point then they will be obliged to admit unenforceability then?

 

My understanding is that the consultation document relates to CCA requests and how the lenders should properly reply to them, However where no properly executed CCA exists they are obliged to inform you?

 

Im very new to all of this , i have a good credit rating and I would like to avoid defaults and trashing of my rating any advice would be gratefully received.

[the_shadow]

Im very new to all of this , i have a good credit rating and I would like to avoid defaults and trashing of my rating any advice would be gratefully received.

 

Then dont bother challenging the agreement and continue paying... doing anything else WILL result in your credit record being trashed..

 

Sorry, thats just how it is... if the agreement is invalid then they will pass you between DCA's to attempt to get repayment from you. All the while your credit file will be marked as non-paying up to a default.

 

S.

[slick132]

Hi Madmurdo and welcome to CAG.

 

I've moved your post into a new thread for you, to avoid hijacking someone else's.

 

It's too early yet to see how the banks decide to respond to the latest OFT antics.

 

What any Reg'ns say, and how the banks react are two very different things.

 

The Shadow is right - if you are looking to see if an a/c is unenforceable and not pay it any more, you'll almost certainly get defaulted.