Barclaycard CCA Unobtainable

[skeeks]

Dear All

 

Looking for some advice on this:

 

Despite numerous requests and assertions that they had Barclaycard have failed to produce the original credit agreement.

 

This finally came to a head when we advised the latest in a long line of DCAs that the CCA Barclaycard claimed to be correct wasn't and why.

 

They then backed off and took the matter up with Barclaycard directly. I have just received a letter from them stating that they had "been advised that it is no longer available". They go on to say they have closed their file and will not be making any further contact.

 

My question is how do I get this finished properly? Do I contact Barclaycard directly and request that they remove themselves from my credit file or do I contact the credit agencies or both?

 

Delighted with the outcome but want closure.

 

Thanks for reading.

Skeeks

[firstship]

Is it BC or the DCA who has closed the file and will not contact you again?

 

If it is the DCA have they purchased the alleged debt or where they just acting for BC?

 

From my own experience BC do not usually give in this easily

 

FS

[dpick]

Hi if you have it in writing from BC then all it means is that BC or their tame DCA'S cannot take you to court they can mark your CRA files with a default and continue to pester you for payment though you can tell them to go forth etc.

[skeeks]

Hi

 

Thank you for your replies.

 

Just to clarify the alleged debt was sold by BC to another party earlier this year who then began pursuit. It is they who have confirmed what we already knew in writing that the CCA could not be produced.

 

We have throughout this process (two and a half years) been in dispute over this with BC and requested the CCA from each and every one of the DCA's they've dispatched after us.

 

We want to ensure that no default is recorded as this account has been in dispute but we don't know where to go from here and want to get this closed off once and for all.

 

So back to my original question:

 

"how do I get this finished properly? Do I contact Barclaycard directly and request that they remove themselves from my credit file or do I contact the credit agencies or both or none of the above?"

 

Thanks again, be interested to know what you think.

 

S

[dpick]

Hi if you have had the account and they can prove this from statement history etc, then they can trash your credit files. If you have not had an account then you can have them for compensation at this time £1000 a time.

 

dpick

[skeeks]

Can they register a default though without a CCA?

[slick132]

Hi Skeeks,

 

The only way you'll get closure is if BC or a DCA take court action which you defend successfully.

 

You will not win if you try taking BC to court, after the case of Carey v HSBC.

 

If there is not credit agreement available, you may be able to argue against a Default that has been registered but this can be a long and painful process.

 

Have you reclaimed all default charges and/or PPI on this a/c to reduce the balance owing.