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Barclaycard issues reconstituted agreement , with demand for payment

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Hi I have today received a response from Barclay card, together with a RECONSTITUTED credit agreement for the above account for which they have made no contact for three years indicating they have now complied with Sec 78 of the Consumer Credit Act 1974

 

They state " I enclose a reconstituted copy of your credit agreement together with the terms of your credit agreement as varied in accordance with section 82 (1) of the Act"

 

The full amount of £1900 is now due

 

This completes and satisfies our obligations under the Consumer credit act 1978.

 

Thank you

 

Kimberly Crosby

Barclaycard

 

also included is a few sheets of printed docs from 2007 and some dated 1998, card was taken out in 1993

 

SO ANY ADVICE IS APPRECIATED AS ALWAYS PLEASE

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Reconstituted version of Agreement are quite acceptable in the case of section 77/78 requests....but of no use if they issue a summons and wish to rely on it for enforcement purposes if your agreement is pre 2007.

 

Regards

 

Andy


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Hi Andy

 

Yes I took it out in 1987/88 they have previously indicated that the accounts were not collectable through their acceptance that they have no signed agreement, today they have sent me two for both agreements pre 2007 and also for a Egg agreement which was taken out in 2001 again with no signed agreement supplied - with the prescribed terms.

 

It appears to me they are trying to play games again, they did this back in 2010, when Carters were their DCA, but with your help I managed to see them go away until today and out of the blue when this and other RECONSTITUTED agreements arrived with them.

 

Thank you for your help

 

I can confirm they have never been able to furnish a signed agreement, but what concerns me is that they are trying to issue proceedings based on documents which they have dated 2007 and one dated 1998, so not sure what they are planning.

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I would disregard it then Intree until such time a summons is issued.They know they are on shaky ground so do you...testing the water hence their demand?

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Thanks for your kind advice Andy

 

I will keep you posted if/when they do issue a claim.

 

Thanks

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Reconstituted version of Agreement are quite acceptable in the case of section 77/78 requests....but of no use if they issue a summons and wish to rely on it for enforcement purposes if your agreement is pre 2007.

 

Regards

 

Andy

 

Andy

 

Does this mean that if the agreement was signed 2007 or later that they can use a reconstituted agreement for enforcement in court?

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Andy

 

Does this mean that if the agreement was signed 2007 or later that they can use a reconstituted agreement for enforcement in court?

 

Yes all they have to show is that you had the goods/money post April 2007

 

dpick


cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Yes all they have to show is that you had the goods/money post April 2007

 

dpick

 

Ah, not good. Agreement signed post April 2007 (not that they have an original of any kind) and they have now sent some reconstituted agreement.

Was hoping they would still need an original to enforce in court

 

They claim the account was opened in May 2007 but without the original signed agreement how do they prove that? It could have been early April I guess?

Edited by Tonster

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BARCLACARD HAVE NOW ASSIGNED 3 CREDIT CARDS TO ONE DEBT WITH A TOTAL VALUE OF 7K TO MARLIN CAPITAL UK, they have now demanded payment forthwith by indicating that the agreement has now been provided, (reconstituted) for a 3 credit cards for which they never were able to supply a agreement in the last 5 years. cards are from 1987, 1999 and 1998

 

DO I now write to Marlin or wait for them to commence court proceedings which they have threatened in 7 days?

 

Thank you

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There's a big problem with this, for these dates Barclaycard didn't use a CCA, just application forms with tick box to say you agree with CCA 1974.

 

So big question, how can you reconstitute an agreement that never existed in the first place ?

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Hi Intree,

 

I too have received a letter from BC today, assigning a debt to Marlins.

 

I've not had any dealings in the past with Marlins so can't comment on their tactics but I am sure there will be other Caggers that can assist if required.

 

The problem I have is that I don't know the reference that they are quoting so I will have to send a CCA request back to see what they produce, that will take some time though as BC are renowned for not sending anything!

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