Debt Collection Advice Please

[resolution3]

Hi everyone,

 

I have just received this letter from Barclaycard, further to requesting copy of the original CCA. This is for a credit card that was first with Morgan Stanley, then with Goldfish, now with Barclaycard. I've copied it verbatim without personal details and amounts:

 

Dear x,

 

I refer to your request for information dated x/x/2011.

 

The information we must provide to you under the terms of Section 78 of the CCA 1974 is prescribed by the Act and the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. Section 78 of the Act provides that, where a creditor receives a Section 78 request the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

 

I enclose a reconstituted copy of your credit agreement. A statement of your account is below:

 

The current credit limit is x

 

The current balance is x and

 

Your next payment of x will be due on x/x/2011.

 

We are currently unable to provide a copy of the terms of your credit agreement as varied in accordance with section 82(1) of the Act. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

Notwithstanding that we cannot currently enforce the agreement; our rights continue to exist under the agreement. You should therefore continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencies without also telling them the agreement is currently unenforceable, demanding payment from you, issuing a default notice to you and instructing a third party demand payment or otherwise seek to procure payment. We refer you to the case of Philip McGuffick v The Royal Bank of Scotland [2009] EWHC 2386 in which it was held that none of these steps constituted "enforcement" for this purpose.

 

Please note that the decision in Carey v HSBC [2009] EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we have not currently complied with section 78 of the Act. To the extent that you seek to allege that an unfair relationship has arisen, such allegations with be opposed.

 

Yours sincerely

 

x x

Barclaycard Customer Services

 

This is what I'm trying to understand: there is no threat of taking me to court to recover payment in this letter, does that necessarily mean that they won't?

 

How can the agreement be unenforceable yet their 'rights continue under the agreement'?

 

Do you think the court cases they mention are relevant to me?

 

Many thanks for your help as always.

[Happyhippy1959]

You have won my friend,, all they can do is pester you for payment on moral grounds... ha ha ha,,,, if your credit file is shot to heck then why worry,,, just laugh and say RESULT.

 

They can't take you to court, they have no agreement. They need to show the original to the judge if you object.

 

They have rights to request you repay the money, ie, I loan you £100.00 no agreement in writing I gave you the £100 by cheque. Yes it proves I gave you the money but it could have been a gift. I still have a right to ask for my money back but can't do anything legal to get it.

 

No. As they have no copy of your agreement,,, then NO... You will get the MORAL letters through, its the same as I would do to you if I loaned you the £100

 

But in the end,,,, produce the evidence.. simples

[resolution3]

Great! 1 down, 5 to go... Been waiting for copies of CCAs from Fairfax for nearly 8 weeks now, wonder what will come back from them. Will keep you guys posted. Thanks guys for your help it's been invaluable.

[Bazooka Boo]

8 weeks!!!

 

Send the clowns this http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

2nd class post, get "Proof of posting", sit back stop ALL payments to them and ignore.

[resolution3]

Due to illness last year, I left things as they were since my consultation with the CLA who negotiated token payments on my behalf.

 

I just wanted to get all this going again - Fairfax have not provided me with copies of the original agreements, it's now coming up to 2 years since the CLA requested them. One credit agreement was provided directly by the original creditor (for a loan, turns out not very enforceable but according to CLA, not worth contesting as I would lose), but that's it, all the rest (credit cards) never provided anything.

 

Time to send 'prescribed timescale' letters then?

 

Also, I have just checked my credit report for the first time in 7 years and aside from the Barclaycard account mentioned above, all other defaulted debts are NOT on my report - so DCAs don't report payment activity? Neither the DCAs nor the repayments I'm making or the original accounts they are for appear anywhere (much to my surprise).

 

Thanks

Edited February 7, 2013 by resolution3
forgot some info

[renegadeimp]

Yep. Just remember, no CCA or the fact that they have failed to supply it, means the debt is now in full dispute and is not enforceable until they provide one.

[resolution3]

Ok thanks will send those - any thoughts anyone on my credit report not showing any DCA activity or repayments? The debts are older than 6 years now so all defaults no longer show, I know that, I'm just surprised given how nasty they've been at times, that my payment activity with them doesn't show up on my credit report.

[renegadeimp]

SOme DCA's dont report debts on credit files. Others do. No entry on a credit file is a good indication that the debt is possible unenforceable, but it should not be taken as 100% proof. It;s why we and other sites advise you to send specific letters. That way you can get the 100% proof needed.